PA Supreme Court to Consider Firearm Preemption Challenge Against City of Erie

Today, after the filing of an Emergency Application to Stay the Commonwealth Court’s decision of June 21, 2013, and Enjoin the City of Erie from Enforcing Ordinance 955.06, docketed as 45 WM 2013, the PA Supreme Court directed the City of Erie to file an Answer to the Application by June 28, 2013. You should be able to find a copy of the docket, here.

Unlike the Commonwealth Court’s dismissal of the Emergency Application that was filed with it yesterday, it appears that the PA Supreme Court intends to thoroughly review the issue, especially in light of its previous holding in Ortiz v. Commonwealth, 681 A.2d 152, 155-56, that “The General Assembly has denied all municipalities the power to regulate the ownership, possession, transfer or possession of firearms; and the municipalities seek to regulate that which the General Assembly has said they may not regulate. The inescapable conclusion is that the municipalities attempt to ban the possession of certain types of firearms is constitutionally infirm.”

The Supreme Court in Ortiz went on to declare, “Because the ownership of firearms is constitutionally protected [by the Pennsylvania Constitution], its regulation is a matter of statewide concern…[T]he General Assembly, not city councils, is the proper forum for the imposition of such regulation.” (emphasis added).

As this matter progresses through the PA Supreme Court, I will post additional information.

3 thoughts on “PA Supreme Court to Consider Firearm Preemption Challenge Against City of Erie

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