Explore The NRA Universe Of Websites

Pennsylvania Trial Court Invalidates NRA-Backed Preemption Reforms, Jeopardizes Ongoing Lawsuits

Friday, June 26, 2015

Pennsylvania Trial Court Invalidates NRA-Backed Preemption Reforms, Jeopardizes Ongoing Lawsuits

An NRA-backed law passed in Pennsylvania last year to hold accountable local jurisdictions that were defying the state’s 40-year-old firearm preemption statute has been declared invalid by a Pennsylvania trial court. The court did not take issue with the terms of the amended law itself but with “the regularity of procedures employed by the General Assembly in enacting” it. Specifically, the court found the final version of the act did not comply with the state constitution’s requirement that legislation pertain only to a single subject and that bills not be altered or amended during the legislative process to change their original purpose.

The good news is that the exact same language, as it pertains to the state’s firearm preemption statute, should still be eligible for enactment in a later session of the legislature. The bad news is that a number of lawsuits had already been launched under the newly-amended law to hold rogue jurisdictions accountable. The court’s decision on the validity of the new law could delay or cast these suits into doubt. 

By way of background, the Pennsylvania General Assembly in 1974 enacted a broad state firearm preemption law to prevent counties and municipalities from interfering with firearm-related conduct not prohibited by state law. This was meant to ensure that those who complied with state law as they moved about the Commonwealth with firearms would not unknowingly fall afoul of obscure or more restrictive local regulations. A number of court cases over the years invalidated local gun control laws under the statute and reinforced the state’s authority to occupy the field of firearms regulation, to the exclusion of regulation by counties and cities.

Despite this history, anti-gun officials of counties and cities insisted they would press forward with gun control, defying a warning from the Attorney General’s Office that doing so would be illegal. The ethically-challenged view under which these efforts proceeded was that as long as the laws weren’t actually enforced, no one would have the “standing” to challenge their validity under the state preemption law in court. Nevertheless, anti-gun local officials could still point to the presence of the laws on the books as evidence of their determination to fight “gun violence.” Meanwhile, people who were aware of the local regulations might be intimidated (under false pretenses) into obeying them anyway.

That unfortunate and cynical view of things eventually prevailed in court, as NRA sought to challenge illegal local gun control under the state preemption statute and was denied standing to bring the cases because no actual enforcement action had been threatened or initiated under the local laws. This in turn led to a years-long effort to amend Pennsylvania law to create a “pre-enforcement” standing provision for the existing firearm preemption statute. That effort finally succeeded (or so it seemed) last year with the passage of House Bill 80, which amended the preemption statute to authorize persons adversely affected by illegal local gun control, and groups that represent them, to bring lawsuits to challenge the illegal ordinances. 

Localities were warned to remove their non-conforming laws from the books after the amendments were passed, and HB 80 granted them a 60-day window to do so before the law took effect. Some jurisdictions complied. Others did not, however, leading NRA to initiate lawsuits under HB 80 against Philadelphia, Pittsburgh, and Lancaster.

While the fate of those particular suits is still to be determined (for example, they might still be able to proceed under other theories of standing), NRA’s commitment to ensuring that Keystone residents and visitors are not harassed by illegal local gun control remains fully intact. Stay tuned to this page for further updates as the situation develops. 

 

 

TRENDING NOW
U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

News  

Wednesday, September 23, 2026

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

The Trace, the “newsroom” funded by anti-gun extremist Michael Bloomberg, reported in June on the extent to which the NRA-backed NYSRPA v. Bruen case has, to date, rebuilt the modern Second Amendment landscape.

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

News  

Wednesday, September 23, 2026

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

Do you know the way to San Jose? Dionne Warwick famously asked in her 1968 hit song. Well, Assistant U.S. Attorney General Harmeet Dhillon certainly does, and she recently made sure the city was served ...

Everytown Goes Hunting for Credibility

News  

Wednesday, September 23, 2026

Everytown Goes Hunting for Credibility

The irony is nothing short of comedy. Multiple outlets are having a field day with the Michael Bloomberg-backed Everytown organization, which has spent years and millions of dollars supporting extreme restrictions on lawful gun ownership, ...

Study Suggests “Safe Storage” Mandates are Ineffective

News  

Wednesday, September 23, 2026

Study Suggests “Safe Storage” Mandates are Ineffective

While it likely comes as no surprise to most readers, a recent study suggests that government-mandates that law-abiding gun owners always secure their firearms when “not in use”—usually unloaded, separate from ammunition, and either in ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

The Fight to Protect the Firearms Industry Continues

News  

Wednesday, September 23, 2026

The Fight to Protect the Firearms Industry Continues

The political lawfare campaign to dismantle the lawful firearms industry by holding it liable for the criminal misuse of its constitutionally protected products should have never started. U.S. tort law has long held that a ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Maine’s 72-Hour Waiting Period Law

Thursday, September 24, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Maine’s 72-Hour Waiting Period Law

The National Rifle Association and Second Amendment Foundation filed an amicus brief urging the U.S. Supreme Court to grant review in Beckwith v. Frey, a challenge to Maine’s 72-hour waiting period requirement for firearm purchases.

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

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.