Explore The NRA Universe Of Websites

APPEARS IN News

Pennsylvania Politicians Announce Their Intent to Violate the Commonwealth’s Preemption Statute

Friday, July 1, 2016

Pennsylvania Politicians Announce Their Intent to Violate the Commonwealth’s Preemption Statute

In response to a recent Pennsylvania Supreme Court ruling, several local Pennsylvania politicians announced their intent to enact or continue to enforce local gun control laws.  These politicians are either seriously misinformed about the effect of the court’s ruling or they intend to knowingly violate Pennsylvania law because they think there will be little, if any, recourse to their actions.

The court’s ruling last week in Leach v. Commonwealth effectively voided Pennsylvania Act 192 (2014).  Act 192 provided gun owners who challenge local ordinances with the opportunity to recover their costs, if their challenge is successful, and made it easier for organizations, like NRA, to sue in order to block enforcement of local gun control ordinances.  The Leach decision simply held that Act 192 was not passed with proper procedure, so its provisions are not enforceable.  The decision does not affect the legality of Pennsylvania’s long-standing firearms preemption law.

Pennsylvania’s firearm preemption law was first passed in 1974.  While it has been amended several times, its basic provision remains unchanged.  Under the law, “[n]o county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms when carried or transported for purposes not prohibited by the laws of this Commonwealth.”  As with the preemption laws in the vast majority of other states, this law has been interpreted to generally prohibit local governments from enforcing any firearm ordinances that are more restrictive than the laws of the state, or in this case, commonwealth.

Despite the fact that Pennsylvania’s preemption law remains in full force, local officials, emboldened by the court’s decision, seem intent on violating Pennsylvania law by passing new local gun controls.  In a press release on the Supreme Court’s decision, Philadelphia Mayor Jim Kenney said “[t]his is a great victory for . . . the ability of local governments to adopt common sense gun regulations without fear of financially crippling litigation.”  Allentown Mayor Ed Pawlowski went even further when he told a local news outlet of his plans to reintroduce an ordinance banning firearms in public buildings or parks.  Allentown already had such a ban, but repealed it rather than defend the illegal ban in a lawsuit brought under the provisions of Act 192. 

The boldness of these local officials in describing their intent to violate the law and their constituents’ civil rights is disturbing, but it also underscores the importance of firearm preemption laws and especially Act 192’s provisions that provide clear remedies for gun owners who sue to overturn illegal local gun control ordinances. An NRA-supported bill to reenact Act 192’s provisions has already been introduced in response to the court’s ruling.

BY NRA-ILA Staff

TRENDING NOW
Veteran Criticizes Police Practices, Gets Guns and Firearm License Seized by Chief of Police

News  

Monday, October 21, 2019

Veteran Criticizes Police Practices, Gets Guns and Firearm License Seized by Chief of Police

Watch what you say about local officialdom in Tisbury, Mass., or you may find Police Chief Mark Saloio knocking at your door to revoke your Second Amendment rights.

Assault on Firearm Industry Fails: Federal Court Dismisses Ohio Lawsuit

News  

Monday, October 21, 2019

Assault on Firearm Industry Fails: Federal Court Dismisses Ohio Lawsuit

On October 9, a federal court in Ohio considered and dismissed, with prejudice, a lawsuit against Smith & Wesson, Remington, Sig Sauer, and other gun manufacturers, arising from a class action brought by Primus Group ...

California Gun Confiscation Draws ACLU Opposition

News  

Monday, October 21, 2019

California Gun Confiscation Draws ACLU Opposition

We know that gun rights are interconnected with other civil rights. In their zeal to attack law-abiding gun owners and Second Amendment rights, gun control advocates have shown a willingness to trample other cherished civil ...

Confiscation or "Mandatory Buyback"?

News  

Monday, October 21, 2019

Confiscation or "Mandatory Buyback"?

It is interesting to watch certain Democrats struggle when trying to convince law-abiding gun owners how “reasonable” it is for the government to take away your firearms.  Do the anti-gun groups and candidates pushing confiscation ...

Dick’s Spends Big on Gun-Chopping, Virtue-Signaling Bonanza (But It Will Still Sell You a Firearm)

News  

Sunday, October 13, 2019

Dick’s Spends Big on Gun-Chopping, Virtue-Signaling Bonanza (But It Will Still Sell You a Firearm)

Ed Stack, the CEO of Dick’s Sporting Goods, wants you to know he’s committed to keeping AR-15s “off the street.” But he’s also committed (for the time being) to selling other types of firearms.

California: Anti-Gun and Anti-Hunting Bill Signed into Law

Monday, October 14, 2019

California: Anti-Gun and Anti-Hunting Bill Signed into Law

Prior to the October 13 deadline, Governor Newsom signed the final anti-gun and anti-hunting bills, AB 1254 and SB 172 into law.  

California: Governor Newsom Signs Anti-Gun Bills into Law

Friday, October 11, 2019

California: Governor Newsom Signs Anti-Gun Bills into Law

Earlier today, Governor Newsom signed the seven anti-gun bills listed below into law.  

Number of Concealed Carry Permit Holders Increased Again

News  

Sunday, October 13, 2019

Number of Concealed Carry Permit Holders Increased Again

Last week, economist John Lott of the Crime Prevention Research Center released “Concealed Carry Permit Holders Across the United States: 2019,” his annual report on the number of concealed carry permit holders in the U.S.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Washington: Tacoma City Council Meeting for Proposed Gun Tax

Monday, October 21, 2019

Washington: Tacoma City Council Meeting for Proposed Gun Tax

On October 22nd, the Tacoma City Council will be holding its First Reading on a proposed ordinance to impose a new tax on all purchases of firearms and ammunition. The proposed tax would unnecessarily burden law-abiding gun ...

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.