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State Gun Control

Act 192 allowed gun owners and firearm advocacy groups to file suit against local municipalities for their gun control ordinances. Philadelphia, Lancaster, Pittsburgh and five democratic legislators filed suit on the grounds that the act was unconstitutional. The Pennsylvania Supreme Court ruled in favor of the cities and five legislator that the act was unconstitutional on the grounds that bills must pertain to one subject. Act 192 of 2014 was originally intended to criminalize the theft of metals.The firearm part of the act was a provision. City Solicitor Sozi Tulante released a statement against the bill: "Act 192 was passed by the General Assembly without any public notice or debate, and would have flooded the courts with advocacy litigation even when the plaintiffs had no real legal stake in the case." Senator Daylin Leach, one of the five democrats to file suite stated: "municipalities that repealed ordinances may now restore them" During the case the found the law unconstitutional Justice David N. Wecht said "If, by brute force, the majority of the General Assembly can cram through any number of regulations."

House Bill 170, introduced by Rick Saccone removed the requirement of obtaining a license in the Commonwealth of Pennsylvania to be able to legally conceal a firearm. The Commonwealth has no requirement to be licensed to carry a firearm openly. Saccone stated "If a citizen passes a criminal background check to purchase a new firearm, it is patently unjust and unconstitutionally questionable to add layers of bureaucratic regulations on those who are least likely to commit a crime just because the citizen prefers to carry his weapon concealed."

Senate Bill 383 gives school boards the authority to establish polices and protocols to allow staff members to carry concealed firearms on school property. There is no mandated school participation. Staff members choosing to carry concealed firearms must do so legally.

Authored by rep. Timothy Krieger, the intent of the bill was to eliminate the Pennsylvania Instant Check System in favor of the National Instant Check System and allowing the Federal government to administer the background check instead of state police.

Legislation to remove the second amendment rights of known domestic abusers while removing the ability to surrender their weapons to a third party and replacing the 60 days waiting period with a 24 hour order to surrender their firearms. Senator Thomas Killon's sponsorship memo stated "The intent of this change in law is to enhance safety for parties and their children in domestic violations and protection from abuse situations. Enhancing their safety during these difficult times helps not only these families but also law enforcement charged with overall public safety." Governor Tom Wolf also supported the bill, stating on its behalf " we must protect victims, spouses, and children of domestic violence and attempt to prevent domestic abusers from escalating their violence in everyday places that result in mass murder." "It is time for the General Assembly to act on this bipartisan, commonsense legislation to protect victims and reduce violence."

Local Gun Control and Preemption

City

Philadelphia- The City of Philadelphia Council proposed to mandate all firearm owners with minors living in their custody must lock their firearms at all times. The firearms must also be in a locked area with ammunition also being in a locked area; separate from the firearm.

Philadelphia- In 2006, the State government proposed a bill to limit handgun purchases to one handgun a month and require the owners of firearms to report the theft or loss of those firearms to the police.

Pittsburgh- City Councilman Dan Gilman realized the City of Pittsburgh has no legislation pertaining to firearms in city parks. The proposal is a copy and paste of Commonwealth legislation that restricts firearms in state parks. The issue of preemption arrises with the issue of gun control at the city and municipal governments attempting to legislate firearms though the state law prevents local governments from legislating certain topics.

Preemption

Preemption states: "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."

The Commonwealth of Pennsylvania prevents local governments from restricting the rights of firearms owners within their jurisdiction. Though the City of Philadelphia can pass gun control legislation, it is not legal for them it implement and enforce that legislation without violating the laws of the Commonwealth.

The only entity legally entitled to enact gun control legislation within the Commonwealth is the law making bodies of the Pennsylvania government. Pre-emption guarantees the right of the state to regulate the ownership of firearms. Preemption stipulates "no country, 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 the Commonwealth.