Pittsburgh, Philadelphia, Lancaster and five Democratic state lawmakers filed suit against the state of Pennsylvania on Nov. 10 in Commonwealth Court to overturn a new firearms preemption law signed by Gov. Tom Corbett just four days earlier.
The law broadens who can sue cities over gun ordinances that are tougher than state law, including gun membership organizations. The suit alleges cities “will be forced to defend lawsuits brought under an unconstitutional statute.”
According to the Pittsburgh newspapers the plaintiffs claim the law violates the state Constitution’s “single subject” and “original purpose” clauses because lawmakers added gun law language into House Bill 80, initially drafted to establish a law specifically covering wire or copper theft.
“This legislation is not only unconstitutional but designed to bully cities like Pittsburgh trying to stop the flow of illegal guns into their neighborhoods,” Pittsburgh Mayor Bill Peduto said in a statement.
Pittsburgh’s ordinance requires gunowners to report lost or stolen firearms within 24 hours. Penalties include a fine up to $500, or up to $1,000 and up to 90 days in jail for a second offense. The state has no mandatory reporting requirement, although similar proposals were frequently filed without success in the Commonwealth’s legislature.
In 2009, the NRA sued Pittsburgh over its ordinance, but courts dismissed the suit based on standing. The suit said the city ordinance violated state law and that local governments were “infringing upon the rights of law-abiding gun owners.”
