Guns & Public Safety
Is there preemption?
Yes. There is broad explicit preemption over the regulation of firearms and ammunition.
What is the preemption statute?
The Uniform Firearms Act, 18 Pa.C.S., § 6120 provides that “No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.” Additionally, there are other relevant statutes that state:
- “[A] municipality shall not enact any ordinance or take any other action dealing with the regulation of the transfer, ownership, transportation or possession of firearms.”1
- Cities may regulate the “unnecessary firing and discharge of firearms in or into the highways and other public places.”2
- Second class cities may “regulate, prevent and punish the discharge of firearms… [and] prevent and punish the carrying of concealed deadly weapons.”3
- Third class cities may “[t]o the extent permitted by Federal and other State law…regulate, prohibit, and prevent the discharge of guns…within the city and … prevent the carrying of concealed deadly weapons.”4
[1] 53 Pa. Cons. Stat Ann. § 2962(g)
[2] 53 Pa. Stat. Ann. § 3703
[3] 53 Pa. Stat. Ann. § 23131
[4] 511 Pa.C.S. § 12423
[5] Schneck v. Philadelphia, 383 A.2d 227, 101 (Pa. Commw. Ct. 1978).
[6] Id.
[7] Clarke v. House of Representatives, 957 A.2d 361 (Pa. Commw. Ct. 2008).
[8] Id.
[9] Id.
[10] Id.
[11] Id.
[12] Id.
[13] 18 Pa.C.S. § 6120(a.1)
[14] 18 Pa.C.S. § 6120(a.1)(1)
[15] 18 Pa.C.S. § 6120(a.1)(2)
[16] Gun Range, LLC v. City of Phila., 2018 Pa. Commw. Unpub. LEXIS 248, 2018 WL 2090303, *17(Pa. Commw. Ct. 2018).