Philadelphia loses lawsuit that sought greater power for the city to regulate firearms

Philadelphia may not impose stricter firearms regulations than are authorized under state law, the Democratic majority Pennsylvania Supreme Court ruled Wednesday, a blow to city leaders and others trying to address gun violence.

The justices ruled 6-0 to uphold the dismissal of a lawsuit filed by the city, family members of gun violence victims and the nonprofit group CeaseFirePA. They wanted to invalidate so-called preemption laws that spell out that state law on the ownership, transportation, possession and transfer of guns trumps municipal gun-safety ordinances.

Justice Kevin Brobson’s majority opinion acknowledged the tragedy of gun violence and that “a serious problem exists” but said the court’s role was not to decide whether laws passed by the Legislature are adequate to address the challenge.

“There is nothing for us to do in the absence of a constitutional violation or other infirmity” in state firearms laws that preempt local ordinances, Brobson wrote.

Republicans in the General Assembly, joined by a segment of Democrats, have demonstrated repeatedly in recent years that they are resistant to proposals that could restrict gun ownership or gun owners’ rights.

Just eight states allow cities and towns to pass their own gun safety laws, according to the anti-gun-violence group Everytown for Gun Safety.

The city and other plaintiffs raised what Brobson called a novel approach to the constitutionality and validity of firearms preemption laws. They argued the laws violate the constitutional guarantee of due process of law, constitute a type of state-created danger, and interfere with Philadelphia’s health and disease prevention laws.

The plaintiffs say state law has kept them from adopting policy changes that could alleviate the gun violence crisis.

Adam Garber, executive director of CeaseFirePA, which works to end gun violence, said the organization was “deeply disappointed by the court’s decision that will continue to handcuff local governments’ ability to save the lives of their residents. The Pennsylvania General Assembly’s refusal to act has exacerbated this crisis and it’s time for them to change their approach.”

Philadelphia Police statistics show homicides have fallen in 2024 after several years of much higher rates that coincided with a national surge in gun violence. Through Wednesday, the city had recorded 228 homicides in 2024.

In 2023, the city recorded 410 after hitting what it says was a record high of 562 in 2021. Researchers say gun violence is down in most big cities this year. The Center for American Progress said earlier this year that Philadelphia had seen the most significant decline in gun violence in 2024 of the 50 most populous U.S. cities.

The FBI reported violent crime in the U.S. had dropped in 2023 by about 3% from the year before, including a drop of 12% in murders and non-negligent manslaughter. That was in line with the nonpartisan Council on Criminal Justice, which found there were 13% fewer homicides across 29 cities during the first half of 2024 from the year before.

A Philadelphia lawsuit against the state in 2007 that argued lawmakers had created a “state of danger” was also thrown out on the grounds that the city could not enact its own gun laws.