Explore The NRA Universe Of Websites

Gun Bans: Court Reminds Local Governments They Lack Authority to Restrict Guns

Friday, December 23, 2016

Gun Bans: Court Reminds Local Governments They Lack Authority to Restrict Guns

Pennsylvania's Uniform Firearms Act (UFA), section 6120(a), directs that "[n]o county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms . . . ." 18 Pa. C.S. § 6120(a). 

The UFA rests on the legal concept of "preemption," in which a higher level of government – the state –expressly restricts the power or law-making authority it grants to its political subdivisions. This law, like similar laws in 45 states, was enacted to eliminate the inconsistent and confusing regulatory hodge-podge that results when each locality adopts its own “customized” regulations on guns, and serves to ensure that the firearm laws remain uniform across a state. Previous court cases interpreting Pennsylvania’s law – including a lawsuit brought by the NRA against the City of Philadelphia – have invalidated local gun-control measures including prohibitions on the possession, transfer and sale of "assault weapons."

Despite this and the clear language of the UFA, in 2011, Lower Merion Township in Pennsylvania adopted an ordinance, Code § 109-16. The ordinance, allegedly based on the need to enhance the safety of Township residents and the public’s use and enjoyment of local parks, prohibited persons from “carry[ing] or discharg[ing] firearms of any kind in a park without a special permit, unless exempted,” and punished violators with a penalty of up to $600.00 for each violation. The only exemption applied to “authorized members of the Police Department.”

A group, Firearm Owners Against Crime (FOAC), initially approached the Township to repeal the ordinance, based on state preemption. The Township declined, relying on its rights as a property owner and claiming the ordinance was consistent with the UFA preemption language because it only prohibited the unlawful possession of firearms in parks, allowing for possession with a “special permit.”

In the ensuing litigation challenging the validity of the ordinance, the Commonwealth Court of Pennsylvania, in a 2-1 decision, reversed a 2015 trial court decision and enjoined enforcement of the ordinance. Firearm Owners Against Crime v. Lower Merion Township, No. 1693 C.D. 2015 (Pa. Commw. Ct. Dec. 16, 2016). 

The court rejected the claim that the ordinance was within the authority of a municipality regulating the use of its own property. The underlying basis for the ordinance was the Township’s police power, not proprietary rights, because the ordinance imposed a criminal penalty and authorized officers to enforce the ordinance by removing and prosecuting violators. More generally, the UFA explicitly prohibited a township from regulating firearms “in any manner,” without an exemption that would authorize the township to make rules for its park property.

The court also gave short shrift to the claim that the UFA did not preempt a municipality’s regulation of unlawful firearm possession. Earlier court precedent on the preemption law “prohibits this Court from endorsing the argument that a cognizable distinction exists between regulating lawful activity and unlawful activity.” Even assuming otherwise, the ordinance did not come within the supposed exception. It regulated possession that was not already unlawful under state law – there was “no corresponding provision in the Crimes Code that contained such a blanket ban of firearm possession in a park” – and the Township could not create its own class of unlawful conduct with which to justify the ordinance.

The ordinance was not consistent with the UFA, and “because there are no apparently reasonable grounds for the trial court’s decision,” the Commonwealth Court reversed the lower court ruling. The upshot is that in Pennsylvania, the General Assembly, not municipal councils, is the proper forum for the imposition of firearm regulations.

TRENDING NOW
Firearm Access During Shutdown Act introduced in Congress

Monday, November 10, 2025

Firearm Access During Shutdown Act introduced in Congress

On October 30th, 2025, Senator Jim Risch [R-ID] introduced the Firearm Access During Shutdown Act (S.3085), with Congressman Ben Cline [R-VA-6] introducing the companion legislation in the U.S. House (H.R. 5874).

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

Tuesday, November 11, 2025

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

In a tacit acknowledgement of just how unworkable its gun ban and confiscation program is, Canada’s Liberal government quietly extended the gun amnesty for an additional year, just before it was due to expire on October 30 ...

President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

News  

Wednesday, November 12, 2025

President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

Today, President Donald Trump signed into law a legislative proposal to reopen the federal government. Included in the legislation is a provision that prohibits the Department of Veterans Affairs (VA) from stripping the constitutional right ...

Pennsylvania: Firearm Registration Bill Scheduled for Committee This Week!

Monday, November 10, 2025

Pennsylvania: Firearm Registration Bill Scheduled for Committee This Week!

On Wednesday, November 12, the House Judiciary Committee will take action on HB 1891, a gun registration bill that the NRA opposed last year and continues to fight this session. While supporters claim the bill is ...

Veteran’s Sad Lament Shows Why Surrender is Not an Option

Tuesday, November 11, 2025

Veteran’s Sad Lament Shows Why Surrender is Not an Option

Gun owners in Virgina, home of NRA’s Headquarters, are still absorbing the results of last Tuesday’s elections. In addition to the election of Democrat Abigail Spanberger, a former Mom’s Demand Action volunteer, as governor, we now ...

North Carolina: Update on Permitless Carry

Friday, October 24, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Gun owners should approach firearm product liability suits with discernment

Tuesday, November 11, 2025

Gun owners should approach firearm product liability suits with discernment

Few communities take the products they use as seriously as gun owners. A firearm is often a tool that a person needs to be able to trust their life with. Add brand loyalty and differences ...

Virginia: Election Results Threaten Your Second Amendment Rights

Wednesday, November 5, 2025

Virginia: Election Results Threaten Your Second Amendment Rights

The recent election has brought significant changes to the electorate, and the results couldn’t be clearer. An anti-gun majority now controls the House of Delegates, and an anti-gun Governor is preparing to take office. Together, they ...

Trump Administration Cuts Off Funding Spigot to More Gun Control Groups

News  

Monday, November 3, 2025

Trump Administration Cuts Off Funding Spigot to More Gun Control Groups

An NRA-ILA alert last month highlighted the ways in which President Donald Trump has used his office to safeguard our rights protected under the Second Amendment.

Michigan: Support Legislation to Expand and Restore Second Amendment Rights

Friday, November 7, 2025

Michigan: Support Legislation to Expand and Restore Second Amendment Rights

On Wednesday, the Michigan House Judiciary Committee will hold a hearing on four critical pro-gun bills designed to: lower the age to carry a concealed pistol to 18 years and old, allow eligible individuals to ...

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.