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
NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

News  

Monday, December 15, 2025

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

It is indeed that time of year. Time for the 65th annual National Defense Authorization Act (NDAA). This critical federal legislation specifies the budget and policies for the United States Department of Defense for the next fiscal year. 

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

Monday, December 15, 2025

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

The U.S. Supreme Court denied certiorari in Rush v. United States, a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles.

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

Thursday, December 11, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and Citizens Committee for the Right to Keep and Bear Arms in filing ...

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

Tuesday, December 16, 2025

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

With the holiday season upon us, former VP candidate Governor Tim Walz has once again proven his "Bah Humbug" stance on the Second Amendment. 

Buckle Up, Friends: DOJ Opens New 2A Division, Promises “A Lot More Action” to Safeguard Rights

News  

Monday, December 15, 2025

Buckle Up, Friends: DOJ Opens New 2A Division, Promises “A Lot More Action” to Safeguard Rights

In a landmark accomplishment in furtherance of President Donald J. Trump’s Executive Order on the Second Amendment, the U.S. Department of Justice (DOJ) has announced the creation of a new section under its Civil Rights Division - ...

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

George Soros’s Open Society Funded Foreign Agents’ Lawsuits Against U.S. Gun Industry

News  

Monday, December 15, 2025

George Soros’s Open Society Funded Foreign Agents’ Lawsuits Against U.S. Gun Industry

Earlier this month, the Washington Free Beacon ran a piece titled, “‘Assault on Our Sovereignty’: How George Soros Funds Foreign Government Lawsuits Against American Gun Makers.”

UK Continues Perilous Slide into 1984 Territory

News  

Monday, December 8, 2025

UK Continues Perilous Slide into 1984 Territory

By now, many of you have probably heard about the British subject (we are not really sure they should be called citizens anymore) who, after visiting the United States and enjoying the firearm freedoms many ...

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Thursday, December 11, 2025

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the Third Circuit Court of Appeals granted rehearing en banc in Siegel v. Platkin, an NRA-supported challenge to New Jersey’s carry restrictions.

ATF Proposes Helpful Reforms for Travel with NFA Items

News  

Monday, December 8, 2025

ATF Proposes Helpful Reforms for Travel with NFA Items

Until the National Firearms Act is a relic of the past, every little bit that makes it easier to navigate can surely help. In recent weeks, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ...

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.