Philadelphia City Councilman Seeks to Usurp Preemption and Sue Commonwealth!

Since mid-2004, City Councilman Darrell Clarke (D-5) has had a handful of anti-gun bills before City Council.  What's held him in check is Pennsylvania's state preemption law that allows only the Commonwealth to legislate in the area of firearms. 

This week, Clarke announced that he plans to seek final passage on eight gun-control bills that have been gathering dust on the weekly Council agenda.  According to Clarke, the Council also is preparing to file a legal complaint related to the Legislature's inaction on gun-control measures.

Bills before Council would limit the number of firearm purchases by an individual to one per month, require reporting ammunition sales to the Police Department, and require gun owners to report to police within 24 hours the loss or theft of a firearm. 

Asked how the Council can move forward on the bills without a state enabling law, Clarke said, "We think that with our complaint, we will show in our theory that the state has been negligent in terms of enacting good-sense legislation. We think we have a compelling case."