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
Illinois “Parking Lot Law” Shields Employee from Termination

News  

Friday, October 19, 2018

Illinois “Parking Lot Law” Shields Employee from Termination

A federal appeals court recently upheld a labor arbitrator’s decision concluding that, in light of the state’s concealed carry law, an employer had improperly fired an employee for violating the company’s weapons policy. The case, Ameren ...

Show-Me State Sham: Sen. McCaskill Cons Missouri Voters on Guns

News  

Friday, October 19, 2018

Show-Me State Sham: Sen. McCaskill Cons Missouri Voters on Guns

It appears Sen. Claire McCaskill (D-Mo.) forgot she represents the Show-Me State. Missouri’s nickname derives from its residents’ healthy skepticism – especially for politicians and their “frothy eloquence.” Rather than take someone’s word for something, ...

You Can’t Make This Stuff Up:  Brooklyn Area Witches Unite to “Take Down” People “In Charge,” Hurl Curses at Justice Kavanaugh

News  

Friday, October 19, 2018

You Can’t Make This Stuff Up: Brooklyn Area Witches Unite to “Take Down” People “In Charge,” Hurl Curses at Justice Kavanaugh

Well, Samhain is approaching, and if you’re familiar with the wing of the extreme Left that also identifies as witches and warlocks, that can only mean one thing: more politically-inspired attempts at paranormal activity! We ...

For Levi’s, Freedom isn’t Fashionable

News  

Friday, October 19, 2018

For Levi’s, Freedom isn’t Fashionable

Americans eager to take political direction from a multinational pants manufacturer were in luck this week. On Tuesday, PRWeek, a public relations trade publication, published an interview with Levi Strauss & Co. Chief Communications Officer Kelly McGinnis and ...

What Happens if our Opponents Take the U.S. House?

News  

Thursday, September 20, 2018

What Happens if our Opponents Take the U.S. House?

There is no question that our liberties are at stake on November 6th. The Democrat leadership in the U.S. House of Representatives has become completely radicalized when it comes to the Second Amendment. Our constitutional ...

President’s Column | Your Vote Outweighs Their Millions: Make Your Voice Heard Nov. 6

News  

Wednesday, October 17, 2018

President’s Column | Your Vote Outweighs Their Millions: Make Your Voice Heard Nov. 6

My fellow NRA members, we stand at the edge of the precipice of one of the most important elections of our lives. That is the reality we face, and we face it just days from ...

Poll: Most Americans Oppose Ban on “America’s Rifle”

News  

Friday, October 19, 2018

Poll: Most Americans Oppose Ban on “America’s Rifle”

This week, Gallup released the results of a poll which included a finding that should surprise no one: Americans oppose a ban on AR-15s and similar semiautomatic firearms by robust a margin of 17%. Meanwhile, current support ...

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

News  

Friday, September 7, 2018

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

Levi Strauss & Co. established its brand in the mid-19th century by selling durable clothing to working-class Americans. As Levi’s signature jeans gained popularity amongst a wider set in the middle of the last century, ...

Pro-gun Senate Majority is Crucial to Protecting the Second Amendment

News  

Wednesday, September 5, 2018

Pro-gun Senate Majority is Crucial to Protecting the Second Amendment

The fate of our freedom hangs in the balance in this November’s elections for the U.S. Senate. The good news is that gun owners can once again make the difference in the fight for our ...

Who’s BS’ing Now? Gonzalez Argues for Gun Confiscation but Insists She’s “Pro Second Amendment”

News  

Friday, October 12, 2018

Who’s BS’ing Now? Gonzalez Argues for Gun Confiscation but Insists She’s “Pro Second Amendment”

Gun control advocates are constantly looking for the right messenger to push an agenda that boils down to law-abiding Americans giving up their freedoms, their security, and their property without expectation of affecting the behavior ...

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.