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

HARRISBURG, Pa. (AP) — Pennsylvania’s Democrat-dominated state Supreme Court ruled unanimously Wednesday that Philadelphia cannot impose stricter firearms regulations than state law allows, dealing a blow to city leaders seeking ways to stop gun violence.

The justices ruled 6-0 that the lower court dismissed the lawsuit filed by the city, the nonprofit group CeaseFirePA and family members of gun violence victims.

They sought to repeal a state law that has long prohibited municipalities from owning or possessing guns or ammunition. Accordingly, courts in Pennsylvania struck down decades of local firearms crackdowns, including a 1990s assault weapons ban in Pittsburgh.

Judge Kevin Brobson’s majority opinion acknowledged the tragedy of gun violence and that “a serious problem exists.” But he wrote that the court’s job is not to decide whether the laws passed by the Legislature are sufficient to solve this problem.

“There is nothing for us to do unless there is a Constitutional violation or other impropriety,” wrote Brobson, a Republican, whose state firearms laws trump local ordinances.

Gun rights advocates welcomed the decision. Joshua Prince, an attorney who has defended gun rights in court cases, called it a “tremendous decision” on his website. The nonprofit organization Pennsylvania Gun Rights called it a “huge win.”

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

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

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

“While we are disappointed with this outcome, the Parker administration will continue to seek solutions to Philadelphia’s deadly gun violence crisis with all legal tools at our disposal,” the Parker administration said.

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

“But today’s decision underscores that the responsibility ultimately rests with the General Assembly to approve 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-gun violence group Everytown for Gun Safety.

The case ushered in what Brobson called a new approach to the constitutionality and validity of anti-firearm laws. The plaintiffs argued that the laws violated the constitutional guarantee of due process, constituted a form of state-created danger, and interfered with Philadelphia’s health and disease prevention laws.

Adam Garber, executive director of CeaseFirePA, which works to end gun violence, said the organization 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 made this crisis worse, and it is time for them to change their approach.”

Philadelphia Police Department statistics show homicides falling in 2024 after several years of much higher rates, coinciding with a national rise in gun violence. By Wednesday, the city had recorded 228 murders in 2024.

The city recorded 410 in 2023 after reaching a record high of 562 in 2021.

Gun violence is down in most major cities this year, researchers say. The Center for American Progress said earlier this year that Philadelphia would see the most significant decline in gun violence in 2024 among the 50 most populous U.S. cities.

The FBI reported that violent crime in the United States is down nearly 3 percent in 2023 compared to the previous year, including a 12 percent drop in murders and non-negligent manslaughter. This was in line with the findings of the nonpartisan Criminal Justice Council, which reported 13% fewer homicides in 29 cities in the first half of 2024 than the previous year.