According to Firearm Chronicles
Preemption means that local communities cannot create their own gun control laws. There are a number of preemption laws on the books in various states, one of which is Pennsylvania. These measures exist for a number of reasons, but mostly to keep confusion to a minimum as people travel throughout the state. After all, on a long trip, it’s far easier to check state laws than the ordinances for every city you might travel through.
Following the Tree of Life Synagogue shooting in Pittsburgh, the city decided preemption didn’t really apply to them. They knew the law and decided to ignore it. Their own comments say they knew what they were doing, but did it anyway.
Unsurprisingly, their new law was challenged. Well, they lost, but now the city is appealing the decision.
Pittsburgh city attorneys have filed a motion to appeal a judge’s order striking down three gun control ordinances passed following a deadly shooting at the Tree of Life synagogue in 2018.
The Associated Press reported Monday that court documents, filed last week, argue that state law does not expressly say that cities do not have the authority to pass their own gun control ordinances. A judge found in October that state law took precedence over local law and struck down the three ordinances, which would have banned some high-capacity magazines, armor-piercing rounds, and assault weapons.
Neither courts nor lawmakers, the city’s attorneys reportedly wrote, “expressly said or held that cities are completely powerless to act in this area.” A city’s ability to legislate gun control policy “may be limited, but it is not extinguished,” they continued, according to the AP.
That’s an interesting take.
Is the city right, though? Does the law fail to say cities are completely powerless on this?