Pa. High Court: Philly can’t impose stricter gun rules than Pa. | News, Sports, Jobs

HARRISBURG, Pa. (AP) — Philadelphia cannot impose stricter gun regulations than state law allows, the Democratic-majority Pennsylvania state Supreme Court ruled unanimously Wednesday, a blow to city leaders seeking ways to curb violence with weapons.

The justices ruled 6-0 to uphold a lower court’s dismissal of a lawsuit filed by the city, the nonprofit group CeaseFirePA and family members of gun violence victims.

They sought to waive a state law that had long prohibited municipalities from regulating the possession or possession of guns or ammunition. According to it, Pennsylvania courts have struck down decades of local firearms measures, including Pittsburgh’s 1990s assault weapons ban.

Justice Kevin Brobson’s majority opinion acknowledged the tragedy of gun violence and that “there is a serious problem.” But, he wrote, the court’s role was not to decide whether laws passed by the Legislature were adequate to address the challenge.

“We have nothing to do absent a constitutional violation or other infirmity” in state firearms laws that preempt local ordinances, wrote Brobson, a Republican.

Gun rights advocates welcomed the decision. On his website, Joshua Prince, a gun rights attorney who advocates in court cases, called it a “monumental decision.” The nonprofit Pennsylvania Gun Rights called it “a huge win.”

“For two years, Pennsylvanians have lived with the threat that localities may soon be allowed to create their own gun laws — including outright bans,” the organization wrote on Facebook. “Today, that fear is removed.”

Republicans in the General Assembly, along with a segment of Democrats, have voted repeatedly in recent years against proposals supported by many urban and suburban lawmakers to restrict gun ownership or gun owners’ rights.

In a statement, Philadelphia Mayor Cherelle Parker’s administration said the court’s decision means Philadelphia cannot adopt “many common-sense firearms regulations that have been proven to reduce gun violence and save lives.”

“While we are disappointed by this outcome, the Parker administration will continue to seek remedies for Philadelphia’s deadly gun violence crisis through every legal tool in our toolbox,” the Parker administration said.

House Speaker Joanna McClinton, D-Philadelphia, who in the past has supported bans on assault weapons and other gun control measures, said the decision is disappointing for communities struggling with gun violence.

“However, today’s decision underscores that the General Assembly ultimately bears the responsibility for passing common sense gun safety measures that can prevent violence and keep Pennsylvanians safe,” McClinton said.

Only eight states allow cities and towns to pass their own gun safety laws, according to the anti-violence group Everytown for Gun Safety.

The lawsuit raised what Brobson called a new approach to the constitutionality and validity of firearms preemption laws. The plaintiffs argued that the laws violate the constitutional guarantee of due process of law, constitute a type of state-created danger, and interfere with Philadelphia’s health and disease prevention laws.

Adam Garber, executive director of CeaseFirePA, which works to end gun violence, said the organization is “deeply disappointed by the court’s decision that will continue to handcuff the ability of local governments to save the lives of their residents. The refusal of the Pennsylvania General Assembly to act has exacerbated this crisis, and it is time for them to change their approach.”

Philadelphia Police Department statistics show that homicides fell in 2024 after several years of much higher rates that coincided with a nationwide increase in gun violence. As of Wednesday, the city had recorded 228 homicides in 2024.

In 2023, the city recorded 410 after hitting what it says was a record 562 in 2021.

Researchers say gun violence is down in most major cities this year. The Center for American Progress said earlier this year that Philadelphia saw the most significant decline in gun violence in 2024 among the 50 most populous US cities.

The FBI reported that violent crime in the U.S. fell by about 3 percent in 2023 from the previous year, including a 12 percent drop in murders and manslaughter. That was in line with findings from the nonpartisan Council on Criminal Justice, which reported 13 percent fewer homicides in 29 cities in the first half of 2024 than the year before.