Gun-rights groups taking aim at Philadelphia’s ban on private firearms manufacturing have made their way to the state Supreme Court.
Gun Owners of America (GOA) and Gun Owners Foundation (GOF), along with several individual gun owners, challenged the law, stating that it runs counter to Pennsylvania’s firearms preemption statute. Plaintiffs also claim the law violates the Uniform Firearms Act (UFA) and Article I, Section 21 of the Pennsylvania Constitution, which guarantees the right to bear arms.
Philadelphia’s ordinance prohibits the private manufacturing of firearms through processes like 3D printing or completing unfinished firearm frames, which directly contradicts state law that preempts all local firearm regulations. GOA’s lawsuit, first filed in 2021, also argued that the Philly ordinance infringes upon the constitutional right to self-defense and violates the UFA, which gives the General Assembly exclusive power to regulate firearms.
Erich Pratt, GOA senior vice president, said the ban on making guns flies directly in the face of Pennsylvania’s preemption law.
“Philadelphia’s efforts to regulate firearm manufacturing go against the core of Pennsylvania’s firearm preemption law and violate the rights of its citizens,” Pratt said in a news release announcing the decision. “With the Pennsylvania Supreme Court now agreeing to hear this case, we are hopeful that Pennsylvanians’ rights will be protected from Philadelphia’s unconstitutional tyranny at the local level.”
In a nutshell, Pennsylvania’s firearm preemption law prevents local governments from regulating firearms, ammunition, and related components. This means that municipalities cannot create stricter gun laws than those set by the state, which is exactly what Philadelphia did when banning gun making—a tradition that goes back farther than the founding of our country.
According to a National Rifle Association’s Institute for Legislative Action (NRA-ILA) fact sheet on preemption, because of the propensity of liberal city leaders to make laws more restrictive than state laws on the books, almost all states today have a law prohibiting local jurisdictions from imposing gun control restrictions that are more severe than state law.
Sam Paredes, speaking on behalf of the Gun Owners Foundation, said that the lawsuit being heard by the state Supreme Court represents a critical moment for Pennsylvania gun owners.
“The Pennsylvania Supreme Court’s decision to take up this case shows the importance of safeguarding our enumerated right to keep and bear arms,” Paredes said. “Philadelphia’s overreach needs to be stopped, and we believe the Court will uphold the law and protect citizens’ rights.”
In late November in a lawsuit brought by the City of Philadelphia and community organizations, the Pennsylvania Supreme Court on Tuesday upheld the state’s firearms preemption law that forbids cities from instituting more restrictive gun statutes than the state’s laws.
The court ruled unanimously that the plaintiffs failed to make their case that the law was unconstitutional and should be struck down. In its ruling, the Court stated that the General Assembly’s preemption of local firearms regulations is a legitimate exercise of its legislative authority, aimed at ensuring consistency and protecting the constitutional rights of Pennsylvania’s citizens.
