Pa. Supreme Court's decision on preemption of local government firearm ordinances
Municipal Solicitors:
Today the Pa. Supreme Court in a unanimous decision rejected the challenge to state firearm prevention laws (FPLs). See Crawford v. Commonwealth, No. 19 EAP 2022, holding in part
The accounts of gun violence set forth in the Petition, like all other instances of gun violence, are undeniably tragic. There is also no doubt that a serious problem exists in this Commonwealth relative to gun violence and its impacts on our citizenry. While certain municipalities and residents thereof may believe, even justifiably, that our state government is not doing enough to remedy this problem and that particular local regulations are needed to do so but are preempted by the FPLs, we emphasize that “the adequacy of the legislation to cope with the problem and the wisdom or the lack thereof on the part of the legislature in framing [the] legislation is not for us to determine. Such questions are solely for the legislature to determine and upon their province we must not encroach.” [citation omitted].
Philadelphia’s status as a home rule municipality did not provide sufficient grounds to uphold its ordinance. We’ll have the Westlaw citation soon.
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William W. Warren, Jr.
Partner
[cid:image002.png@01DB3B6A.E60AC800]
(717) 238-7698tel:(717)%20238-7698
[cid:image003.png@01DB3B6A.E60AC800]
(717) 979-5570tel:+17179795570
[cid:image004.png@01DB3B6A.E60AC800]
william.warren@saul.commailto:william.warren@saul.com
Read my biohttps://www.saul.com/professionals/william-w-warren-jr
[cid:image005.png@01DB3B6A.E60AC800]https://www.saul.com/
Penn National Insurance Tower
2 North Second Street, 7th Floor
Harrisburg
,
PA
17101‑1619
"Saul Ewing LLP (saul.com) " made the following annotations:
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The Westlaw citation is 2024 WL 4830009.
William W. Warren, Jr.
Partner
SAUL EWING LLP
|
Harrisburg
Office:
(717) 238-7698tel:(717)%20238-7698
Cell:
(717) 979‑5570
From: Warren Jr., William W. via Pmlsolicitors pmlsolicitors@lists.imla.org
Sent: Wednesday, November 20, 2024 5:17 PM
To: Caroline Storer via Pmlsolicitors pmlsolicitors@lists.imla.org
Cc: John S. Brenner (JBrenner@pml.org) JBrenner@pml.org; Amy Sturges (asturges@pml.org) asturges@pml.org; Abraham Amoros (aamoros@pml.org) aamoros@pml.org
Subject: [Pmlsolicitors] Pa. Supreme Court's decision on preemption of local government firearm ordinances
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Municipal Solicitors:
Today the Pa. Supreme Court in a unanimous decision rejected the challenge to state firearm prevention laws (FPLs). See Crawford v. Commonwealth, No. 19 EAP 2022, holding in part
The accounts of gun violence set forth in the Petition, like all other instances of gun violence, are undeniably tragic. There is also no doubt that a serious problem exists in this Commonwealth relative to gun violence and its impacts on our citizenry. While certain municipalities and residents thereof may believe, even justifiably, that our state government is not doing enough to remedy this problem and that particular local regulations are needed to do so but are preempted by the FPLs, we emphasize that “the adequacy of the legislation to cope with the problem and the wisdom or the lack thereof on the part of the legislature in framing [the] legislation is not for us to determine. Such questions are solely for the legislature to determine and upon their province we must not encroach.” [citation omitted].
Philadelphia’s status as a home rule municipality did not provide sufficient grounds to uphold its ordinance. We’ll have the Westlaw citation soon.
[cid:image001.png@01DB3B6A.E60AC800]
William W. Warren, Jr.
Partner
[cid:image002.png@01DB3B6A.E60AC800]
(717) 238-7698tel:(717)%20238-7698
[cid:image003.png@01DB3B6A.E60AC800]
(717) 979-5570tel:+17179795570
[cid:image004.png@01DB3B6A.E60AC800]
william.warren@saul.commailto:william.warren@saul.com
Read my biohttps://www.saul.com/professionals/william-w-warren-jr
[cid:image005.png@01DB3B6A.E60AC800]https://www.saul.com/
Penn National Insurance Tower
2 North Second Street, 7th Floor
Harrisburg
,
PA
17101‑1619
"Saul Ewing LLP (saul.com)" has made the following annotations:
+~~~~~~~~~~~~~~~~~~~~~~~+
This e-mail may contain privileged, confidential, copyrighted, or other legally protected information. If you are not the intended recipient (even if the e-mail address is yours), you may not use, copy, or retransmit it. If you have received this by mistake please notify us by return e-mail, then delete.
+~~~~~~~~~~~~~~~~~~~~~~~~+
