In 2022, the Commonwealth Court of Pennsylvania weighed in on the battle between state and local governments over which has greater authority over gun control policy in the City of Philadelphia v. Armstrong case. The court reaffirmed state supremacy.
Currently, cities like Philadelphia and Pittsburgh cannot enforce laws stricter than statewide gun laws, nor can any locality or municipality. In previous Pennsylvania Supreme Court cases, arguments from the aforementioned cities have been struck down using Article 1, section 21 of the Pennsylvania Constitution as justification, citing the following: “The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.” Additional support for preemption has come from the Pennsylvania Uniform Firearms Act of 1995 (UFA), which further defines the state’s control over creating gun policies.
With gun violence in Philadelphia remaining a prevalent issue, preemption, in recent years, has garnered more attention as citizens have taken action to support their localities. Cases such as Crawford v. Commonwealth, most notably, have been part of the conversation concerning overturning preemption and giving cities the ability to have more power to tackle gun violence.
This case highlights one of many families affected by gun violence. According to the city’s Office of the Controller, “Homicides, the vast majority of which are committed with a gun, have increased every year since 2016, while non-fatal shootings have increased every year since 2017.” Additionally, 2021 was cited as Philadelphia’s “deadliest year,” with 562 homicides. Similarly, in Pittsburgh, there were 71 homicides in 2022, a record in the last 10 years.
Given this information, Pennsylvanians may want to reevaluate the UFA and its priorities, and stop biting the bullet.