Philly wants to create its own firearm policies to curb gun violence; Pa. Supreme Court will soon rule on preemption law

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The Supreme Court of Pennsylvania today heard arguments from legal counsel representing the city of Philadelphia and residents affected by gun violence about whether cities across Pa. should be able to pass their own firearms laws.

Justices did not issue a decision to the standing-room-only courtroom today, but will do so in writing in the coming weeks.

Plaintiffs argued that the state’s preemption law, which blocks cities from passing local firearms regulations, deprives Philadelphians living under the threat of gun violence of their right to life and liberty.

“I’m open-minded to this idea that there’s an Article 1 right that may be identified — a right to walk out of your house without fear,” said Justice Christing Donohue, in reference to the state constitution. “But what do you call that? I have a problem pulling together the threads.”

Pennsylvania’s preemption law has been in place since 1974. State judges have used that statute to strike down Philadelphia’s attempts at local gun regulation including:

• A ban on firearms at recreation centers and parks
• A limit on how many handguns someone can purchase per month
• A requirement that someone report a lost or stolen firearm or face a fine

“When individuals are afraid to leave their home, children are afraid to go to the bus stop out of fear of crossfire…  no one wants to believe that someone would ignore that,” said attorney Jasmeet Ahuja, legal counsel for the city.

She says Pennsylvania legislators have failed to take action.

“And that is why we’re before the Supreme Court.”

The city brought the case, Crawford v. Commonwealth, to the state in 2020. The Commonwealth Court dismissed it in 2022. On Wednesday, the plaintiffs appealed to the state Supreme Court in hopes of getting the lower court’s decision repealed and remanded. If that happens, the case heads to trial in Commonwealth Court.

Multiple justices argued that Philadelphia’s desire to make its own gun laws is a policy argument to be discussed with the General Assembly and not a constitutional argument to be made before the Supreme Court.

Justice David Wecht said it’s within Pennsylvania legislators’ rights to tell Philadelphia they can’t pass their own firearms regulations.

“It reminds me of the Lorrie Morgan song, ‘What part of no don’t you understand?” he said.

Organizers from the Pennsylvania chapter of Firearms Owners Against Crime were in attendance. Deborah Hadonfield, of Pittsburgh, said district attorneys can do more to put a stop to gun violence.

“They’re not prosecuting the criminals with the firearms … why?” said. “To me, that’s where the problem lies.”

Multiple justices brought up the argument that Philadelphia should try harder to enforce the laws it already has on the books.

Philadelphia City Council President Darrell Clarke said at a press conference following the court arguments that stronger policies are needed to get illegal guns off the street.

“Here in the city, we need help,” he said. “Hopefully we will get some relief, because we need to be able to answer the citizens of the City of Philadelphia when they ask that question every time they see us, ‘what are you going to do about gun violence?’”

Though more than 40 states have preemption laws, this is the first time a city has tried to get the statute repealed on a constitutional basis, according to legal experts.

Philadelphia’s homicide toll surpassed 500 in both 2021 and 2022. One of those killed was Nicolas Elizalde, a 14-year-old who died last fall after being shot at a Roxborough High School football game.

His grandmother, Marge LaRue, spoke at the City Hall vigil the day before the Pa. Supreme Court hearing.

“I’ll never see him again,” she said. “He’ll never drive, he didn’t have a first kiss, he won’t vote … [lawmakers] have to act. They work for us. They need to save our children.”