The Pennsylvania Supreme Court ruled 6-0 Wednesday against the city of Philadelphia's attempt to secure enough immunity in state preemption laws to enact its own gun regulations.
Preemption laws exist in many states across the country, prohibiting local governments from passing gun regulations that go beyond those enacted at the state level.
Former Philadelphia Mayor Jim Kinney (D) filed a lawsuit against the state of Pennsylvania in 2020 seeking to ensure the city's ability to pass gun regulations that go beyond the state level.
October 7, 2020, Philadelphia Inquirer noticed Kinney announced the lawsuit and[spoke] at a packed press conference to promote legal action in Germantown. [claiming] “Handcuffing” local governments preemptively from taking measures that might protect residents. ”
Lawyers working in the Kinney administration “aggressively” proposed state preemption laws. [prevents] An effective gun safety approach will save the lives, property, and physical integrity of Pennsylvania residents, especially those in low-income areas of our metropolitan areas. ”
On November 20, 2024, the Pennsylvania Supreme Court ruled against Philadelphia. philadelphia inquirer shown The court found that “the city's claims fall 'woefully short' of the standard necessary for legal victory.”
from majority opinion:
The description of gun violence described in the petition, like all gun violence, is undeniably tragic. There is also no question that we have a serious problem in this commonwealth when it comes to gun violence and its impact on our people. Some municipalities and their residents, even if justified, believe that the state government is not doing enough to solve this problem and that certain local regulations are needed to do so. It may be possible, but it will be pre-empted by laws and regulations. [firearm preemption laws]We emphasize the “adequacy of the legislation to address the problem and the lack of wisdom on the part of the Legislature in framing it.” [the] Laws are not something we decide. Such matters are for Congress to decide and we should not be invading their states. ”
If they had won, Philadelphia city officials would have enacted the law. secure Gun regulations such as “requiring a permit to purchase a gun in a city or limiting the number of guns that can be purchased in a city within a certain period of time.”
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and also writes Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment for Breitbart News. He is also a writer and curator. He is a political analyst for Armed American Radio, a member of Gun Owners of America, a professional staff member for Pulsar Night Vision, and global marketing director for Lone Star Hunts. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and holds a Ph.D. in military history. Follow him on Instagram: @awr_hawkins. To get Down Range, you can sign up at breitbart.com/downrange. Contact him directly: awrhawkins@breitbart.com.
