HARRISBURG, Pa. — The highest court in Pennsylvania has recently upheld a decision that maintains the state’s authority over local gun control measures, posing a significant setback for several cities including Philadelphia that have sought to implement stricter regulations. Despite the ruling, advocacy groups and legislative leaders are preparing to continue their efforts through both legal and legislative channels.
Pennsylvania’s preemption law prevents municipalities from enacting or enforcing gun laws that are more restrictive than state legislation. This statute has been a point of contention, especially in larger cities where officials argue that unique local challenges necessitate tailored approaches to gun safety.
In 2021, Philadelphia joined forces with CeaseFirePA and other entities to challenge the preemption statute, claiming it violated constitutional rights to life and liberty. However, this argument was unanimously rejected by the Pennsylvania Supreme Court. Similarly, Pittsburgh’s attempt to push forward local legislation, including a ban on assault rifles, was likely concluded after the court’s decision.
Despite these setbacks, Adam Garber, the executive director of CeaseFirePA, indicated there remain legal options to contest the state’s preemption. Other lawsuits still pending are now focusing on specific issues like the regulation of ghost gun parts and reporting lost or stolen firearms, which the state Supreme Court has delayed judging until they settled Crawford v. Commonwealth.
Garber emphasized that not all reforms were dismissed by the state Supreme Court, suggesting potential for allowable policies unconstrained by the state statute. These comments come amid heightened legislative pushes spearheaded by state representatives supportive of stricter gun control measures.
Tim Briggs, a Democratic state representative from Montgomery and chair of the state House’s committee on gun legislation, expressed his determination to pursue legislative action. Following the Democratic-controlled state House’s passage of three notable gun-related bills, the focus now shifts to overcoming opposition in the Republican-dominated state Senate.
Among the measures passed by the state House were a “red flag” law, mandatory background checks for all gun purchases, and a prohibition on ghost gun kits. However, these did not advance in the Senate. State Sen. Lisa Baker, R-Luzerne, suggested that addressing mental health issues more effectively might be a more appropriate focus than altering gun laws.
As the legislative session approaches in 2025, the dialogue on gun control continues to polarize lawmakers. Some bills, like those mandating secure gun storage and regulating 3D-printed weapons, narrowly missed passing. Meanwhile, others gained modest bipartisan support, signaling potential areas for compromise that could address violent crime and gun trafficking without infringing on gun rights for protective or recreational use.
As advocates and officials venture forward, the challenge lies in balancing public safety concerns with constitutional rights and legislative feasibility in a state deeply divided on the issue of gun control.
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