HARRISBURG, Pa. — The Pennsylvania Supreme Court, composed of a Democratic majority, has delivered a setback for Philadelphia as it ruled that the city cannot enforce stricter gun regulations beyond what is outlined in state legislation. This decision comes as a disappointment to city officials and advocates working to combat gun violence.
In a unanimous decision, the justices dismissed a lawsuit that had been initiated by the city, relatives of victims of gun violence, and the advocacy group CeaseFirePA. They sought to challenge existing preemption laws, which stipulate that state legislation regarding the ownership, transport, possession, and transfer of firearms supersedes local regulations aimed at improving gun safety.
Justice Kevin Brobson, writing for the majority, recognized the grave reality of gun violence and noted, “a serious problem exists,” but emphasized that the court was not in a position to assess whether legislative measures were sufficient to tackle the issue. He pointed out that without evidence of a constitutional violation or other significant flaws, there was little the court could do regarding state laws that prevent local governance on firearms.
Recently, there has been a consistent resistance from Republicans in the General Assembly, along with some Democrats, against any legislative initiatives that might limit gun ownership rights. Presently, only eight states permit local governments to enact their own gun safety laws, according to data from the anti-gun-violence organization Everytown for Gun Safety.
The lawsuit presented by the city and other plaintiffs introduced an innovative argument concerning the legitimacy of firearms preemption laws. They claimed that these laws violate the constitutional right to due process, create a form of state-induced peril, and impede Philadelphia’s public health initiatives aimed at preventing disease.
Advocates have contended that state restrictions are hindering their ability to implement effective measures to alleviate the ongoing gun violence epidemic. Adam Garber, the executive director of CeaseFirePA, expressed profound disappointment over the court’s decision, stating it perpetuates limitations on local governments’ capacity to protect the lives of their residents. He also criticized the Pennsylvania General Assembly for its inaction, suggesting that it has worsened the gun violence crisis and called for a change in their policy approach.
Statistics from the Philadelphia Police Department indicate that the number of homicides in the city has decreased in 2024 compared to previous years, which had seen alarming spikes in gun violence across the nation. As of Wednesday, Philadelphia recorded 228 homicides in 2024. By contrast, the total for 2023 was 410, following a peak of 562 homicides in 2021. Research indicates that gun violence has generally declined in major U.S. cities this year, with Philadelphia showing the most significant reduction among the top 50 populous cities, according to the Center for American Progress.
The FBI has also reported a decline in violent crime across the country in 2023, with a 3% drop in overall crime, including a notable 12% decrease in murders and non-negligent manslaughter. This aligns with findings from the nonpartisan Council on Criminal Justice, which noted that homicides fell by 13% in 29 cities during the first half of 2024 compared to the previous year.
A previous lawsuit filed by Philadelphia in 2007, which argued that lawmakers had established a “state of danger,” was similarly dismissed due to the city’s inability to impose its own firearm regulations.
