Pre-emption Case Sept 13 2023

[GeneCC]

"Taking on Gun Safety Preemption in Pennsylvania

July 13, 2023 – Today, the Supreme Court of Pennsylvania scheduled oral argument for an appeal in our case challenging state firearm preemption laws. Oral argument will be held on Wednesday, September 13 at 9:00 a.m. in Philadelphia City Hall, Courtroom 456. We will ask the PA Supreme Court to reverse Commonwealth Court’s previous dismissal of our case and send the case back to the lower court for discovery and trial.

Firearm preemption laws, maintained for decades by the Pennsylvania General Assembly, handcuff local governments so that they cannot enact or enforce even simple, well-researched policies that have been repeatedly shown to save lives—while our leaders in Harrisburg also refuse to enact statewide gun safety laws."

https://pubintlaw.org/cases-and-proj...n-safety-laws/

They have enlisted British based Law Firm Hogan Lovells to help.

[85MikeTPI]

They have enlisted British based Law Firm Hogan Lovells to help.

Maybe to help show historical context for Breun where colonial cities were permitted to limit redcoats from carrying their muskets into taverns where rural taverns had no restrictions..

[Walleye Hunter]

I'm tempted to attend this but I do not think that the shitty of the first class has gun storage and I'll pass on going disarmed.

[father-of-five]

Are the same Justces on the court as were back in May 2022?

[GeneCC]

Maybe to help show historical context for Breun where colonial cities were permitted to limit redcoats from carrying their muskets into taverns where rural taverns had no restrictions..

The 2nd Amendment didn't exist when the British Army was free to run around here. The Term "The People" may not applied to armed forces under command either.

I have no idea why Hogan Lovells is involved, or who is paying their bills.

[EFK]

If the PASC allows this to go forward as a policy, it won't stop with Philly or Pitt. It'll snowball to Allentown, Scranton, WB, then all the suburban karens in Doylestown or State College and other places downstate will jump on it too. It would create a giant freaking mess. And I don't have much faith in the PASC.

[GunLawyer001]

. . . And I don't have much faith in the PASC.

This will be a good test of the legitimacy of the PA Court. If they strike down preemption on "policy" grounds, because they think that local communities need the freedom to infringe OUR freedom, then the Court has jumped the shark.

If they limit their inquiry to whether the Commonwealth has the power to preempt political subdivisions from legislating where the Commonwealth has clearly chosen to preempt the field, then that's a legitimate exercise of the Court's power.

Here's Section 6120:
§ 6120. Limitation on the regulation of firearms and ammunition.

(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 purposes not prohibited by the laws of this Commonwealth.

(a.1) No right of action.--

(1) No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.

(2) Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.

(a.2) Relief.--(Unconstitutional).

(a.3) Reasonable expenses.--(Unconstitutional).


Note that 2 parts of this were already removed in legal challenges in previous cases.

There are literally centuries of precedents regarding Federal preemption of a field, or preemption of conflicting laws, and some PA precedents on our own preemption, analyzing Commonwealth preemption of firearm laws, campaign financing laws, barbershops & beauticians, and more.

There's wiggle room where the Commonwealth legislated on an issue but was silent on a specific aspect, but there's none where there's express preemption, as there is in firearms legislation. The fact that the Legislature NAMED it the "UNIFORM Firearms Act" sums it up.

There's even a statute:
§ 2961. Scope of powers of home rule.

A municipality which has adopted a home rule charter may exercise any powers and perform any function not denied by the Constitution of Pennsylvania, by statute or by its home rule charter. All grants of municipal power to municipalities governed by a home rule charter under this subchapter, whether in the form of specific enumeration or general terms, shall be liberally construed in favor of the municipality.

We will see. I hope for the best. This isn't just a challenge to preemption, it's a test of the Court.

[EFK]

This will be a good test of the legitimacy of the PA Court.

Don't possess your legal expertise but I agree wholeheartedly, and thanks for posting the additional information.

The marxists in the past few years have waxed very vocal about bandying about the term "legitimacy" in terms of the courts when the courts don't make law out of thin air the way the left would prefer. I think it's time we also begin publicly challenging the "legitimacy" of courts that do in fact create law.

[KPShooting]

If the PASC allows this to go forward as a policy, it won't stop with Philly or Pitt. It'll snowball to Allentown, Scranton, WB, then all the suburban karens in Doylestown or State College and other places downstate will jump on it too. It would create a giant freaking mess. And I don't have much faith in the PASC.

Imagine Allegheny county with all the little municipalities passing their own gun laws. I'd probably be breaking 15 laws just going to work in the morning or going to the range.

[mikelets456]

Here's an updated link---these people are freaking scumbags with their "gun violence" BS talking points. The left created this mess (Corrupt DAs, sanctuary cities, open borders, not convicting violent criminals, letting violent criminals out of jail) then want to disarm us more using the excuse "gun violence". Screw them----all these laws are illegal. I'm not complying with tyrants and making me and my family into subjects.

https://pubintlaw.org/cases-and-proj...-pennsylvania/