In a unanimous ruling, Pennsylvania’s highest court upheld the preemption law, blocking the city’s efforts to pass stricter firearm regulations.
The Pennsylvania Supreme Court on Wednesday ruled against Philadelphia’s latest effort to enact local gun laws, reinforcing the state’s law that prevents cities from creating gun control measures stricter than those set by the state. The justices, who are elected and currently include five Democrats and two Republicans, determined that such an argument is not a legitimate constitutional claim.
Philadelphia officials, including Mayor Jim Kenney, had long sought to bypass the preemption law, which blocks municipalities from passing their own gun regulations. The city had proposed measures to ban assault-style weapons, limit handgun purchases, and prohibit firearms in parks and recreation centers. Despite these efforts, previous courts had ruled these provisions were in conflict with state law. In this case, the city and advocates for gun violence victims argued that the preemption violated residents’ constitutional rights and that the state’s inaction on gun control was contributing to the violence.
Justice P. Kevin Brobson, writing for the majority, stated that the city’s claims were “wholly insufficient” and that the assertion of a “state-created danger” was unproven. He noted that factors beyond legislative decisions contribute to gun violence, making the city’s arguments for local laws invalid.
Ava Schwemler, spokesperson for the city’s Law Department, expressed disappointment in the ruling, stating that Philadelphia would remain bound by the state’s preemption laws, which block many local gun regulations. Schwemler added that the city would continue to pursue other legal avenues to address the gun violence crisis.
