By: José Niño

On September 14, 2023, the Pennsylvania Supreme Court heard arguments from the legal counsel defending the city of Philadelphia with respect to efforts to allow cities to craft their own firearms laws.

In the plaintiff’s view, Pennsylvania’s preemption law prevents cities from enacting local gun control regulations, thereby subjecting Philadelphia residents to gun violence.

“I’m open-minded to this idea that there’s an Article 1 right that may be identified — a right to walk out of your house without fear,” stated Justice Christine Donohue, referring to the state Constitution. “But what do you call that? I have a problem pulling together the threads.”

Pennsylvania’s preemption law has been on the books since 1974. According to a report by WHYY, state judges have repeatedly used that statute to stifle the Philadelphia local government’s efforts to impose local gun regulation which includes:

  • A ban on firearms at recreation centers and parks
  • A limit on how many handguns someone can purchase per month
  • A requirement that someone report a lost or stolen firearm or face a fine

The city of Philadelphia brought the case in question, Crawford v. Commonwealth, before the state in 2020. The Commonwealth Court threw it out in 2022. On September 13, 2023, the plaintiffs appealed to the state Supreme Court with the aim of repealing and remanding the lower court’s decision. If that occurs, the case will go to trial in the Commonwealth Court.

Several justices have made the case that Philadelphia’s aim to craft its own gun control laws is something that the General Assembly must handle and not a constitutional question that the Supreme Court must address.

Justice David Wecht argued that it’s within Pennsylvania legislators’ domain to tell the authorities in Philadelphia that they can’t pass their own gun control regulations.

“It reminds me of the Lorrie Morgan song, ‘What part of no don’t you understand?’” he stated.

Over 40 states have preemption laws on the books. With Philadelphia trying to undermine this legislation, it’s trying to establish a precedent with national ramifications. Essentially, by undermining preemption laws, rogue cities like Philadelphia are trying to create a gun control domino effect. Once one major city falls to the gun controllers, the goal is to make sure that the rest of the state succumbs to this agenda.

Yet again, such anti-gun machinations illustrate the importance of stopping petty tyrants at the local level. If we can’t even secure our own backyards from gun control tyranny, what makes us believe that we can keep the rest of the country from Gun Control Inc.’s grasp?

José Niño is a freelance writer based in Austin, Texas. Contact him via Facebook, Twitter, or email him at [email protected]. Get his e-book, The 10 Myths of Gun Control, here.