The Pennsylvania Supreme Court knocked down the City of Philadelphia’s challenge to the Commonwealth’s firearms preemption law.
Philadelphia sued the Commonwealth of Pennsylvania, claiming that the Keystone State’s firearms preemption law was unconstitutional, meaning that the city could create its own gun regulations. The claim is that the Pennsylvania Legislature is not doing enough to curb “gun violence,” and therefore, the city has every right to enact its own regulations on guns.
Philadelphia has seen a rise in violence in recent years and blames the proliferation of homemade firearms made from kits and on 3D-printers for the City of Love’s violent crime problems. However, others blame the Philadelphia District Attorney’s Office led by DA Lawrence S. Krasner. Mr. Krasner is a controversial prosecutor whose campaign was largely funded by George Soros-connected groups. He has been accused of being soft on crime by prioritizing “social justice” over dealing with the city’s crime problem. He has worked to free Black Lives Matter and Occupy Philly Protestors. The DA has worked with one of the most controversial groups in the state, Decarcerate PA. Decarcerate PA’s goal is to shut down prisons within the state and prevent the incarceration of criminals within the Commonwealth.
Philadelphia claimed that “gun violence” is a public health crisis, claiming they had a right to regulate firearms. Municipalities across the country have used this argument to try to get around state gun preemption laws and the United States Constitution. In New Mexico, when Governor Michelle Lujan Grisham attempted to ban the carrying of guns in the Albuquerque area. The courts rejected her public health order.
As courts have done in other cases, the Pennsylvania Supreme Court unanimously rejected the city’s challenge to the state’s firearms preemption law. The Pennsylvania Supreme Court has moved farther to the left in recent years. But, the city’s attempt at bypassing state law was a bridge too far for the High Court. The Court refused to violate the separation of powers clause by overruling the legislature. They stated that any changes must be made by the Pennsylvania Legislature and not by the courts, even though the Court is not friendly to firearms.
The Court wrote: “The accounts of gun violence set forth in the Petition, like all other instances of gun violence, are undeniably tragic. There is also no doubt that a serious problem exists in this Commonwealth relative to gun violence and its impacts on our citizenry. While certain municipalities and residents thereof may believe, even justifiably, that our state government is not doing enough to remedy this problem and that particular local regulations are needed to do so but are preempted by the FPLs, we emphasize that ‘the adequacy of the legislation to cope with the problem and the wisdom or the lack thereof on the part of the legislature in framing [the] legislation is not for us to determine. Such questions are solely for the legislature to determine and upon their province we must not encroach.’”
Some believe that the city knew they were going to lose but was attempting political theater to force change in Harrisburg. Several anti-gun bills successfully passed the Pennsylvania House but died in the Senate. Several other legal cases are challenging Philadelphia’s gun regulations and are waiting for hearings in front of the Pennsylvania Supreme Court. Today’s ruling might be a good sign for those challenges.
About John Crump
Mr. Crump is an NRA instructor and a constitutional activist. John has written about firearms, interviewed people from all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons, follow him on X at @crumpyss, or at www.crumpy.com.
I really wish people would stop using the made-up term “Gun Violence.” There is NO SUCH THING. Guns can not commit violence. They require someone pulling the trigger. It’s called criminal violence using a firearm, not gun violence. So please, let’s stop using made-up political terms. Assault weapons fall into the sane category, a politically made up term to scare the sheeple who refuse to educate themselves on firearms.
The problem as I see it is, these CRBs, or (Commie Rat Bastards) are nothing more than traitors, should be treated as such, including all the Democrat Senators, and Congress people!
This story reinforces my opinion that liberalism is a brain disease that eventually consumes all critical thinking, before it quickly moves on to eat the logical thinking area of the brain. In a society where criminals have no reason to fear the legal system, the only remaining deterrent to violent crime is the probability that a potential victim is armed and prepared to defend life and liberty with lethal force, if necessary. This is not hard for a logical mind to understand however, it completely escapes the thought processes of the left. Or maybe they believe they will be spared… Read more »
Democrats using Hitlers playback After they stoke the violence and then promote disarming lawbiding citizens because they claim it will make us safer . Nothing but lies from these evil people.
I would expect nothing less from Filthadelphia politicians. These libtards will never stop targeting 2A rights of the citizens of the state. Here’s a brilliant idea…get rid of the ahole DA Krasner (the legislature tried and failed) and get someone in there who will enforce laws, and how about implementing a stop-and-frisk policy like Guiliani did in NY to get these punks with stolen guns off the street.
Interesting liberal judges could control their own biases and rule in favor of the text of the law.