Explore The NRA Universe Of Websites

APPEARS IN News

Pennsylvania Politicians Announce Their Intent to Violate the Commonwealth’s Preemption Statute

Friday, July 1, 2016

Pennsylvania Politicians Announce Their Intent to Violate the Commonwealth’s Preemption Statute

In response to a recent Pennsylvania Supreme Court ruling, several local Pennsylvania politicians announced their intent to enact or continue to enforce local gun control laws.  These politicians are either seriously misinformed about the effect of the court’s ruling or they intend to knowingly violate Pennsylvania law because they think there will be little, if any, recourse to their actions.

The court’s ruling last week in Leach v. Commonwealth effectively voided Pennsylvania Act 192 (2014).  Act 192 provided gun owners who challenge local ordinances with the opportunity to recover their costs, if their challenge is successful, and made it easier for organizations, like NRA, to sue in order to block enforcement of local gun control ordinances.  The Leach decision simply held that Act 192 was not passed with proper procedure, so its provisions are not enforceable.  The decision does not affect the legality of Pennsylvania’s long-standing firearms preemption law.

Pennsylvania’s firearm preemption law was first passed in 1974.  While it has been amended several times, its basic provision remains unchanged.  Under the law, “[n]o county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms when carried or transported for purposes not prohibited by the laws of this Commonwealth.”  As with the preemption laws in the vast majority of other states, this law has been interpreted to generally prohibit local governments from enforcing any firearm ordinances that are more restrictive than the laws of the state, or in this case, commonwealth.

Despite the fact that Pennsylvania’s preemption law remains in full force, local officials, emboldened by the court’s decision, seem intent on violating Pennsylvania law by passing new local gun controls.  In a press release on the Supreme Court’s decision, Philadelphia Mayor Jim Kenney said “[t]his is a great victory for . . . the ability of local governments to adopt common sense gun regulations without fear of financially crippling litigation.”  Allentown Mayor Ed Pawlowski went even further when he told a local news outlet of his plans to reintroduce an ordinance banning firearms in public buildings or parks.  Allentown already had such a ban, but repealed it rather than defend the illegal ban in a lawsuit brought under the provisions of Act 192. 

The boldness of these local officials in describing their intent to violate the law and their constituents’ civil rights is disturbing, but it also underscores the importance of firearm preemption laws and especially Act 192’s provisions that provide clear remedies for gun owners who sue to overturn illegal local gun control ordinances. An NRA-supported bill to reenact Act 192’s provisions has already been introduced in response to the court’s ruling.

BY NRA-ILA Staff

TRENDING NOW
Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

ATF Announces New Director, Historic Regulatory Overhaul

News  

Thursday, April 30, 2026

ATF Announces New Director, Historic Regulatory Overhaul

April 29 was a big day for Second Amendment supporters in Washington, D.C., as ATF announced the confirmation of a new director, Robert Cekada, and rolled out perhaps the biggest one-day regulatory overhaul in the agency’s ...

More Guns, Less Homicide: Good News for America, Bad News for Gun Prohibitionists

News  

Monday, May 4, 2026

More Guns, Less Homicide: Good News for America, Bad News for Gun Prohibitionists

Homicide rates in the United States, including those where firearms are used, have been declining over the last few years.  According to multiple reports on early projections, 2025 is expected to see the largest decline in ...

Self-Defense: Another “Luxury” the Poor Can Do Without

News  

Monday, May 4, 2026

Self-Defense: Another “Luxury” the Poor Can Do Without

Many years ago, Otis McDonald, a 76-year old retiree living in a high-crime area of Chicago testified that he had “been robbed numerous times in his Morgan Park home; [he’d] witnessed too many crimes to count and ...

NRA Files Amicus Brief Urging U.S. Supreme Court to Hear the Case of Navy Veteran Patrick “Tate” Adamiak

Monday, May 4, 2026

NRA Files Amicus Brief Urging U.S. Supreme Court to Hear the Case of Navy Veteran Patrick “Tate” Adamiak

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and the Citizens Committee for the Right to Keep and Bear Arms in ...

Connecticut Senate Rams Through Unconstitutional Pistol Ban in Dead of Night

Wednesday, May 6, 2026

Connecticut Senate Rams Through Unconstitutional Pistol Ban in Dead of Night

Last night, in the early morning hours of May 6th, progressives in the Connecticut Senate passed H5043, the Governor's bill banning future manufacture, sale, and importation of many commonly owned handguns in Connecticut.

Hawaii: Legislature Adjourns Sine Die, Marking Defeat of Several Anti-Gun Bills

Saturday, May 9, 2026

Hawaii: Legislature Adjourns Sine Die, Marking Defeat of Several Anti-Gun Bills

On Friday, May 8th, the Hawaii State Legislature adjourned sine die from the 2026 legislative session.

Anti-gun Officials Target Glock, While Failing to Hold Criminals to Account

News  

Monday, May 4, 2026

Anti-gun Officials Target Glock, While Failing to Hold Criminals to Account

In 2024, the City of Chicago filed a lawsuit against gun manufacturer Glock – the maker of some of the world’s most popular pistols for civilian and law enforcement use (including at one point the Chicago ...

Illinois: Threats Remain as Spring Session Winds Down

Friday, May 8, 2026

Illinois: Threats Remain as Spring Session Winds Down

As the Illinois General Assembly enters the final weeks of the Spring legislative session, law-abiding gun owners must remain vigilant.

Demonization of Semi-Automatic Long Guns Remains Symbolic, Not Data-Driven

News  

Monday, May 4, 2026

Demonization of Semi-Automatic Long Guns Remains Symbolic, Not Data-Driven

Semi-automatic long guns, such as the AR-15, have been a hot topic of political rhetoric for decades now. And for those same decades, those same firearms have remained statistically under-represented in violent crime, while remaining wildly mischaracterized ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.