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Gun Violence In Pennsylvania

The levels of gun violence and incidents of death due to guns are average to moderate when compared to other states. Pennsylvania finds itself ranked in the 30th place when it comes to overall gun deaths, although this is strictly metric and includes fatalities due to violence and suicide.

The number of gun deaths in Pennsylvania will always be an increasing number between the years 2005 and 2014 alone 13,781 people were killed with a firearm. The state's rate of gun homicides is particularly higher in communities of color (0.0001638%) when compared to that of the white communities (0.0000252%).

Pennsylvania is considered one of the top gun suppliers for crime-guns found in other states. From 2005 to 2014, 463 women in the state were murdered by their intimate partners. The gun murder rate of women by intimate partners during this period in Pennsylvania was 8% higher than the national average, and 56% of these murders were committed with a gun.

In 2010 Pennsylvania had the fifth-highest rate of gun homicides among children and teens age 19 and under in the country. Almost three of every 100,000 children and teens in the state were murdered by guns.

Public Opinion on Gun Control In Pennsylvania

In the eyes of the public, Pennsylvania's opinion on gun control legislation is a bit lacking.

The Law Center to Prevent Gun Violence gave Pennsylvania a “C” for the strength of its gun laws. The Brady Campaign to Prevent Gun Violence gave Pennsylvania received 24 out of 100 possible points on their 2011 state scorecard.

Pennsylvanians almost unanimously support universal background checks.In a January 30 poll by Quinnipiac University, 95 percent of residents supported “requiring background checks for all gun buyers,” while only 5 percent opposed Among respondents in gun-owning households, 95 percent supported universal background checks.

In the Pennsylvanian public's opinion, gun-control laws should be stricter, 60 percent of the Pennsylvania voters said to make the laws stronger. Five percent said they should be less strict and 32 percent favor keeping current laws. Voters said by a narrow 46 to 42 percent that armed guards in schools would reduce gun violence more in the schools than stricter gun laws. In this same poll, 59 to 39 percent favor a nationwide ban on the sale of magazines with more than 10 rounds.

The Power of Gun Lobbying

An organized group which attempts to influence public policy and law with respect to firearms, especially as an advocate of ownership of and access to firearms by individual citizens.

National Rifle Association

The NRA was founded in 1871 but didn't begin to influence policy until about a century later. Following the passage of the Gun Control Act of 1968, the NRA became much more politically active, establishing a Political Action Committee aimed at supporting gun-rights politicians over those advocating for gun control.

In 1977, it significantly grew and began to align with conservative members of Congress to push for more relaxed gun regulations, harnessing the grassroots power of its members across the country.

In terms of economic support, the NRA donated 22.9 million dollars to campaigns between 1989-2016, nearly 5 times as much as other gun-support groups combined who brought in 4.2 million dollars in the same timespan.

The NRA is especially active during presidential campaigns, contributing millions to candidates that support expanded gun rights and targeting those who threaten to control or regulate guns. In the 2016 election, the group threw its support behind President Donald Trump, and against Democratic opponent Hillary Clinton. Spending 9.8 million in support of Donald Trump and 19.7 million dollars towards opposing Hillary Clinton. In Pennsylvania alone, the NRA has donated over $155,600 to Pennsylvania members of Congress.

More often than not the NRA chooses to support Republican nominees in elections due to their heavy support of gun rights.

Constitutional Provisions on Gun Control

Constitutional Carry

This law is being pushed forward by Republicans around the state to allow for the legal carrying of approved firearms without the need for a gun permit. Rep. Rick Saccone, R-Allegheny County, who spearheaded House Bill 170, said he'd like to see his legislation move out of the House Judiciary Committee for a full vote. A second part of the legislation would allow lawful gun owners an option to purchase a permit that is not only valid throughout Pennsylvania but is also transferable to other states. This would apply to more than half of the states in the country. This bill had gotten plenty of controversy following the 2016 Las Vegas Shooting, more voters starting to sway away from gun-freedoms and more towards the stricter legislation. Many stating that this bill wouldn't allow law enforcement to keep track of an individual amassing an arsenal of weaponry.

1993 Failed Assault Weapon Ban in Pittsburgh and Philadelphia (Ortiz v. Commonwealth)

The issue raised in this case is whether two home-rule municipalities, Philadelphia and Pittsburgh, may through the passage of ordinances regulate the ownership of so-called assault weapons when the General Assembly has passed a statute prohibiting them from doing so.

The Sides Involved

This was a dispute between Councilman Angel Ortiz and the Pennsylvania Commonwealth.

Councilman Angel Ortiz, et al. (the Philadelphia appellants) brought this action in Commonwealth Court for declaratory and injunctive relief. The Philadelphia appellants sought to *282 enjoin the Commonwealth's preemption of Philadelphia's regulation of assault weapons and declare it in violation of the Constitution of Pennsylvania, the home rule charter, and the Home Rule Enabling Act, 53 Pa.C.S. § 13101 et seq. The chancellor denied the Philadelphia appellants' request for preliminary injunction and held that the General Assembly preempted the city's attempt to regulate assault weapons.

Appellees (the Commonwealth) filed preliminary objections in the nature of a demurrer to the Philadelphia appellants' complaint seeking declaratory and injunctive relief. Oral argument was held on the preliminary objections before Commonwealth Court en banc. Subsequent to oral argument, Pittsburgh filed a petition to intervene, which was granted. On February 14, 1995, the en banc Commonwealth Court granted the Commonwealth's preliminary objections and dismissed the request for injunctive and declaratory relief for failure to state a cause of action. This appeal followed.

Legislation is Passed

On June 17, 1993, the Mayor of Philadelphia signed and approved Bill No. 508, submitted by the city council, which banned certain types of assault weapons in Philadelphia County. In November of 1993, the City of Pittsburgh passed Ordinance 30-1993, which also banned certain specified assault weapons within Pittsburgh's physical boundaries. These ordinances planned to regulate the ownership, use, possession or transfer of certain firearms.

The Philadelphia appellants argue: Only in Philadelphia must a person obtain a license for carrying any firearm, on a public street or public property, regardless of whether it is unconcealed or concealed. Throughout the rest of the Commonwealth, a license is only necessary if one is carrying a concealed firearm or is carrying one in a vehicle. 18 Pa.C.S.A. 6106(a).

After these ordinances were enacted the General Assembly passed House Bill 185, which amended Title 18 of the Crimes Code, including the Pennsylvania Uniform Firearms Act, 18 Pa.C.S. §§ 6101-6124. The amendment, which appears at 18 Pa.C.S. § 6120, provides:

   (a) General rule. 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 the purposes not prohibited by the laws of this Commonwealth.

   (b) Definition. For the purposes of this section, the term "firearms" has the meaning given in Section 5515 (relating to prohibiting of paramilitary training) but shall not include "air rifles" as defined in Section 6304 (relating to the sale and use of air rifles). 

18 Pa.C.S. § 5515 provides: "Firearm." Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.

Federal Ruling

The sum of the case is that the Constitution of Pennsylvania requires that home rule municipalities may not perform any power denied by the General Assembly; the General Assembly has denied all municipalities the power to regulate the ownership, possession, transfer or possession of firearms; and the municipalities seek to regulate that which the General *284 Assembly has said they may not regulate. The inescapable conclusion, unless there is more, is that the municipalities' attempt to ban the possession of certain types of firearms is constitutionally infirm.

Public Opinion at the Time

During this time, state senator Arlen Specter stated that he was severely against the Brady bill. "If I thought the bill would have a real impact on violent crime, I would have supported it. The criminals don't have any problems getting a hold of weapons, no matter what you do. They get them illegally. It's just a limitation on hunters and sportsmen." Specter was supported thoroughly by the NRA both emotionally and financially due to his stance on the matter.