We’ve chronicled in the past how Pennsylvania cities, including Philadelphia, have repeatedly tried to institute city gun control ordinances that are more restrictive than state law, which is a violation of the state’s firearms preemption law.
Now, a bill that would help put an end to such chicanery by strengthening Pennsylvania’s preemption law has hit a roadblock in the state Senate.
As background, most states have firearm preemption laws that say the state legislature is responsible for making gun laws, keeping municipalities, counties and other such entities from passing gun-control ordinances that are more restrictive than state law. In Pennsylvania, the law reads: “No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.”
Due to the constant barrage of cities running afoul of the law, Republican lawmakers this session introduced Senate Bill 822 in an effort to strengthen the law and head off future proposals by anti-gun city councilors.
“Rogue municipalities like Philadelphia continue to violate this law without any repercussion or accountability, due to the lack of teeth in the law,” Gun Owners of America (GOA) wrote in a March 9 state alert. “Meanwhile, they have the unlimited resources of Bloomberg front organizations to defend them in court. If law-abiding gun owners are ever going to turn the tide, we need the tools laid out in SB 822.”
According to pro-gun group Gun Owners of America (GOA), SB 822 would provide lawful citizens with the ability to recover damages, reasonable attorney fees and costs if a court finds that a local ordinance violates the state firearms preemption law. It would also award costs to an unsuspecting citizen charged with a crime under one of these illegal ordinances who is subsequently acquitted.
“Not only that, but this bill would allow membership organizations, like GOA, to sue on your behalf,” GOA explained. “SB 822 also delivers long-overdue clarity on the scope of preemption, permanently ending any ability of local governments to pass illegal gun control ordinances without facing consequences.”
The measure, however, is unfortunately being held up in the Senate Local Government Committee, headed by Republican state Sen. Dawn Keefer. And GOA is encouraging its Pennsylvania members and other state gun owners to help put enough pressure on Sen. Keefer to bring the bill up for a vote.
“Gun Owners, use the form above and let’s send a clear message to Senator Keefer and the rest of the Senate that we demand action on this vital piece of legislation,” the alert encouraged. “Join us by sending an email and making your voice heard.”
The email, which is easy to sign and send, states: “As a law-abiding, tax-paying gun owner in Pennsylvania, I agree with Gun Owners of America that local governments should be held accountable for breaking Pennsylvania’s firearms preemption laws. As such, I urge you to vote for, co-sponsor, support, and pass SB 822, Senator Wayne Langerholc’s legislation to strengthen Pennsylvania’s firearms preemption law, and to urge Senator Keefer to run the bill in the Senate Local Government Committee.”
The email concludes: “I want elected officials held accountable for breaking the law to stop their financial ‘war of attrition’ against law-abiding gun owners. So, please support and pass SB 822 to strengthen firearms preemption in Pennsylvania. And if you haven’t co-sponsored this important bill, please do so immediately.”
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