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Pennsylvania Supreme Court Crushes Local Gun Control Laws
RedState ^ | 11/21/24 | Jeff Charles

Posted on 11/22/2024 10:13:29 AM PST by CFW

Score another victory for gun rights! The Pennsylvania Supreme Court ruled against a legal challenge against the state’s firearm preemption laws that prohibit local governments from further infringing on the right to keep and bear arms.

Currently, Pennsylvania’s preemption laws prohibit local governments from passing gun control measures that go further than firearms restrictions passed at the state level. The ruling means that there will be uniformity when it comes to gun control laws, which means it is less likely that an individual might find themselves in legal jeopardy due to confusion about local restrictions on firearms.

The ruling comes after an appeals court dismissed the original challenge against the law. “The General Assembly’s authority over municipalities is supreme…municipalities may do only those things which the legislature has expressly or by necessary implication permitted,” Justice Kevin Brobson wrote in his opinion.

The court argued that the state constitution “does not provide that the right to bear arms shall not be questioned in some parts of the Commonwealth but abridged at will in others” and that “Regulation of firearms is a matter of statewide concern.”

(Excerpt) Read more at redstate.com ...


TOPICS: Constitution/Conservatism; Government; US: Pennsylvania
KEYWORDS: 2ndamendment; banglist; firearms; pa; pennsylvania
I've noticed that one reason Americans have regained so many of their 2nd Amendment rights over the past couple of decades, is because the anti-gun left has pushed too far.

As usual for the left, they get an inch and they grab for a mile. Democrats gets cocky when they win an election for a municipal or state position, and decide to make sweeping changes that most voters do not want and of which are against the Constitution.

They've been used to sliding these laws in under the radar with no push-back (the NRA was actually useless for years) but what now happens is a group such as the 2nd Amendment Foundation or Firearms Policy Coalition and individual 2nd Amendment supporters take a stand and take these cases all the way to the higher courts and make sure the Constitution stands.

Kudos to these groups and individuals (and those who contribute to their legal funds) for fighting for all of us.

1 posted on 11/22/2024 10:13:29 AM PST by CFW
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To: CFW
I just wish CT and MA judges followed these rulings.
2 posted on 11/22/2024 10:19:15 AM PST by kickstart ("A gun is a tool. It is only as good or as bad as the man who uses it" . Alan Ladd in 'Shane' )
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To: CFW

I have high hopes for national reciprocity. I think that would really change things — your concealed carry permit from AZ is suddenly good in MA ... but MA still wants to impose restrictions on gun type, and magazine size and whatnot? Does “reciprocity” not mean “reciprocity”?

I think we could take gun control off the table as a political issue. Let’s get back to “shall not infringe” and keep it all simple.


3 posted on 11/22/2024 10:21:01 AM PST by ClearCase_guy (My decisions about people are based almost entirely on skin color. I learned this from Democrats.)
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To: fatima; Fresh Wind; st.eqed; xsmommy; House Atreides; Nowhere Man; PaulZe; brityank; Physicist; ...

Pennsylvania Ping!

Please ping me with articles of interest.

FReepmail me to be added to the list.

4 posted on 11/22/2024 10:33:26 AM PST by lightman (Beat the Philly fraud machine the Amish did onest, ja? Nein, zweimal they did already!)
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To: CFW

Imagine obeying all gun laws in your city, and then visiting a friend in another county/city in your state and find yourself being prosecuted for a felony for the exact same activity.

Frankly, it’s bad enough that you have that problem when crossing state lines.

It’s why it’s important to see the US as 50 different mostly sovereign countries.


5 posted on 11/22/2024 10:33:45 AM PST by cuban leaf (2024 is going to be one for the history books, like 1939. And 2025 will be more so, like 1940-1945.)
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To: CFW

Did I fall and bumped my head?

Lifelong Pennsylvania resident and this past election plus the Supreme Court ruling on the illegality of trying to count illegal ballots, now, this ruling on guns and poof, I think I’m living in a bizarro world, someone pinch me l, wake me up!!!


6 posted on 11/22/2024 10:33:48 AM PST by bantam
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To: CFW

The anti-gun movement began to push too far back in 1962 with Thomas J. Dodd and Emanuel Celler calling for registration of handguns only.

No wonder that in 1941, just days before the Pearl Harbor attack, Congress reaffirmed Second Amendment rights and prohibited gun registration. In 1968, bills to register guns were debated, with opponents recalling the Nazi experience and supporters denying that the Nazis ever used registration records to confiscate guns. The bills were defeated, as every such proposal has been ever since, including recent “universal background check” bills.

The lies we have been told over the years...

1962 We ONLY want to register handguns. Rifles will not be affected!
1964, We ONLY want to register ALL firearms, not ban them.

1968 We ONLY want to register all guns, and ban the import of foreign Saturday Night Specials, and 5-shot bolt action army surplus rifles! (they got the ban).

1970, We ONLY want to ban small American handguns. Rifles will not be affected!

1976 We ONLY want to ban ALL handguns! Rifles will not be affected!

1981, Actress Lee Grant on Good Morning America (ABC) screams...”THE NRA IS A RIFLE ORGANIZATION! THEY SHOULD GIVE UP THEIR HANDGUNS AND THEY CAN KEEP THEIR RIFLES!”

1984, they came for the rifles.

1994..When they thought they had banned “As-s-s-ault rifles they did not shut off the lights and go home. they immediately went after their next target, .50 cal single shot rifles “THAT CAN TAKE DOWN AN AIRPLANE!”

They will never be satisfied till they have an unarmed population.


7 posted on 11/22/2024 10:44:03 AM PST by Ruy Dias de Bivar
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To: CFW

I can’t believe the PASC had to rule on this yet again. They already ruled on this in the past: the supremacy clause in the PA Constitution trumps any and all local gun control ordinances. This should have already been settled law.


8 posted on 11/22/2024 10:45:25 AM PST by Windcatcher
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To: CFW

I rather this read, “ preemption laws prohibit STATE governments from passing gun control measures that go further than firearms restrictions passed at the FEDERAL level, like the constitution”.


9 posted on 11/22/2024 10:46:29 AM PST by Resolute Conservative
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To: ClearCase_guy
I have high hopes for national reciprocity.

National Constitutional Carry is what our 2nd Amd demands. What does reciprocity do for those of US in CC States? Some 29 States (a majority) are CC.

10 posted on 11/22/2024 12:03:55 PM PST by BlackbirdSST (Trump or Bust! Long live the Republic.)
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To: BlackbirdSST

I agree completely. I’m just looking for something that is extremely achievable. States like AZ and UT provide CC with simple paperwork and a small fee. Again: even that shouldn’t be necessary — but it’s easy enough. Anyone in the US can get an AZ permit. Then that person can carry concealed in NYC, Chicago, or anywhere else — if national reciprocity is allowed.

It’s not an ideal solution, but I think it’s achievable.


11 posted on 11/22/2024 12:11:58 PM PST by ClearCase_guy (My decisions about people are based almost entirely on skin color. I learned this from Democrats.)
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To: CFW
Another praiseworthy ruling by Pennsylvania's Supreme Court. Very hopeful.
12 posted on 11/22/2024 2:13:12 PM PST by Gay State Conservative (Import The Third World,Become The Third World)
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To: bantam

“ I fall and bumped my head?

Lifelong Pennsylvania resident and this past election plus the Supreme Court ruling on the illegality of trying to count illegal ballots, now, this ruling on guns and poof, I think I’m living in a bizarro world, someone pinch me l, wake me up!!!”

I know…having the same reaction!


13 posted on 11/22/2024 2:43:04 PM PST by jdsteel (PA voters elected a stroke victim and a dead guy. Not a joke.)
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To: bantam

Much of the court is up for re-election next year.


14 posted on 11/23/2024 3:52:14 AM PST by Erik Latranyi (This is the end of the Republic....because we could not keep it.)
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To: CFW

Of course, this will not stop Pennsylvania municipalities from trying this again. This is attempt #5 or so and each gets shut down.


15 posted on 11/23/2024 3:54:25 AM PST by Erik Latranyi (This is the end of the Republic....because we could not keep it.)
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