Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Pennsylvania Court Blocks Challenges to Local Gun Laws; NRA Plans Appeal

Friday, June 25, 2010

On June 25, a three-judge panel of Pennsylvania’s Commonwealth Court issued a ruling that makes it harder for gun owners to challenge local gun laws that were passed in violation of the state’s firearm preemption law.  This was the second such ruling in just over a year.

Pennsylvania’s preemption law, like the laws in 47 other states, is supposed to stop cities, counties and towns from passing a patchwork of inconsistent laws that might trip up gun owners who travel or relocate within the state.  But an increasing number of local governments have recently pushed beyond its limits.

The June 25 decision involved a Pittsburgh ordinance that makes it a crime not to report the loss or theft of a firearm to law enforcement officials.  NRA opposed the ordinance, not just because it could allow the government to victimize a person who’s already suffered a serious crime, but also because the city had no authority to pass it in the first place.

The court didn’t get to that issue, however.  Instead, it found that the plaintiffs—Pittsburgh gun owners who live in areas where residential burglaries are common—had no standing to sue, because they had suffered no “direct and immediate harm.”  According to the opinion by President Judge Bonnie Brigance Leadbetter, the possibility of a plaintiff having his or her gun stolen and being fined for not reporting the theft is “remote and speculative.”

That was the same reasoning that was used to reject an earlier challenge to a similar law in Philadelphia, but in the Pittsburgh case it drew a strong dissent from Judge P. Kevin Brobson.  Judge Brobson argued that the ruling makes it impossible for a citizen to challenge a law unless he or she is willing to go to court and either admit to violating the law, or promise to violate the law in the future.  As Judge Brobson put it, the only way to bring an effective challenge “would be willful noncompliance with a criminal ordinance.  This is no option at all.”

NRA agrees, and plans to seek a review of this decision by the full Commonwealth Court.  Beyond that, NRA will take whatever steps are necessary to change state preemption laws—either through the courts or through the legislature, in Pennsylvania and anywhere else—to protect gun owners’ rights from schemes by anti-gun local politicians.

TRENDING NOW
Australia: Law-abiding Rifle Owners Made to Justify Their Guns and Politicians Target “Semi-semi-automatic” Firearms

News  

Friday, June 22, 2018

Australia: Law-abiding Rifle Owners Made to Justify Their Guns and Politicians Target “Semi-semi-automatic” Firearms

Further proof that appeasing gun control advocates never works came from Australia this month. Illustrating Australia’s treatment of the right to keep and bear arms as a mere privilege, the West Australia government has demanded ...

Gun Control Lobby Gives Hillary Clinton Participation Trophy

News  

Friday, June 22, 2018

Gun Control Lobby Gives Hillary Clinton Participation Trophy

What does your child’s tee-ball team, an elementary school field day, and the institutional gun control lobby have in common? They all give out participation trophies.

United States Holds the Line During Discussions on the U.N.’s Gun Control Programme of Action

News  

Friday, June 22, 2018

United States Holds the Line During Discussions on the U.N.’s Gun Control Programme of Action

This week marked the beginning of the two week long Third Review Conference (RevCon3) of the United Nation’s Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons ...

Anti-Gun Democrats Inject Politics into Banking, Seek Punishment for Regulator Who Pushes Back

News  

Second Amendment  

Friday, June 22, 2018

Anti-Gun Democrats Inject Politics into Banking, Seek Punishment for Regulator Who Pushes Back

Should law-abiding Americans be able to participate in the modern economy on equal terms? Or should unscrupulous politicians who can’t earn the votes to pass their policy proposals the democratic way use access to financial ...

Pennsylvania: House Committee Passes Firearm Confiscation Orders - Schedules Additional Gun Control for Tomorrow

Tuesday, June 19, 2018

Pennsylvania: House Committee Passes Firearm Confiscation Orders - Schedules Additional Gun Control for Tomorrow

Today, the Pennsylvania House Judiciary Committee passed House Bill 2227, legislation that creates so-called “extreme risk protection orders” whereby a hearing would be held, firearms would be seized and constitutional rights suspended with little to no due ...

Study Finds Fewer People Willing to Answer Questions about Gun Ownership

News  

Friday, June 22, 2018

Study Finds Fewer People Willing to Answer Questions about Gun Ownership

A common thought (maybe even a rational one) is that gun owners hesitate to share their status as gun owners in surveys. It makes perfect sense, particularly in times of heightened concerns that anti-gun politicians are ...

New York: Final Gavel Drops with Gun Bills Failing To Advance In Albany

Friday, June 22, 2018

New York: Final Gavel Drops with Gun Bills Failing To Advance In Albany

New York gun owners will take any bit of good news coming out of Albany that they can get.

Oregon: Gun Ban Initiative Ballot Title Finalized

Friday, May 25, 2018

Oregon: Gun Ban Initiative Ballot Title Finalized

On May 23rd, the ballot title for Initiative Petition 43 was certified by the state Attorney General.  This final ballot title comes after over 1,000 comments were submitted on the previously proposed ballot title.  Initiative proponents will ...

Pennsylvania: House Committee to Consider Multiple Gun Control Bills Tomorrow

Monday, June 18, 2018

Pennsylvania: House Committee to Consider Multiple Gun Control Bills Tomorrow

Tomorrow, the Pennsylvania House Judiciary Committee is scheduled to consider several gun control bills that would only punish law-abiding gun owners.

Pennsylvania: Gun Control Legislation to be Considered on the House Floor

Wednesday, June 20, 2018

Pennsylvania: Gun Control Legislation to be Considered on the House Floor

This morning, the House Judiciary Committee continued its push for gun control by passing House Bill 1872, legislation which would ban many firearm accessories.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.