By Dave Workman
Editor-in-Chief
In a unanimous ruling, the Pennsylvania Supreme Court has nixed a lawsuit filed by the City of Philadelphia and a gun control group challenging the state’s firearms preemption law which dates back a half-century.
The Pennsylvania Capital Star is reporting that CeaseFirePA and several private citizens joined the city in its effort.
Writing for the Court, Associate Justice P. Kevin Brobson observed, “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.’ Stated another way, there is nothing for us to do in the absence of a constitutional violation or other infirmity in the FPLs (firearms preemption laws).
“For the reasons stated, however, Appellants have failed to state a legally cognizable claim that the FPLs are unconstitutional or otherwise infirm on the asserted grounds that: (1) the FPLs violate substantive due process; (2) the FPLs violate the state-created danger doctrine; and (3) the FPLs interfere with Philadelphia’s delegated duties under the LHAL and DPCL.47 Accordingly, we affirm the order of the Commonwealth Court dismissing the Petition with prejudice.”
The 55-page opinion affirmed the state preemption law, first adopted in 1974, the Capital Star noted. The newspaper quoted Democrat House Judiciary Chairman Tim Briggs, stating, “We respect the court’s authority to decide this question and now it’s up to the legislature to keep up the fight and once again advance real gun violence prevention and safety measures supported by a vast majority of Pennsylvanians and deliver results meeting constitutional muster.”
According to WHYY News, CeaseFirePA Executive Director Adam Garber said he was “deeply disappointed by the court’s decision that will continue to handcuff local governments’ ability to save the lives of their residents. The Pennsylvania General Assembly’s refusal to act has exacerbated this crisis and it’s time for them to change their approach.”
The majority of states have preemption statutes, with Pennsylvania being a pioneer of sorts. Washington is another state with a decades-old preemption law, which anti-gunners in the Northwest have been attacking virtually since the day it was enacted.
As noted by Bloomberg Law, the city and its partners “argued that two state laws prohibiting local governments from enacting local firearm regulations violated the state constitution’s guarantee of a right to defend life and liberty.”
But the state’s high court didn’t buy the argument.
