The Pennsylvania Supreme Court docket has granted a petition for allowance of attraction in a case that challenges a Philadelphia ordinance banning privately manufactured firearms (PMF).
The case was filed in state courtroom by Gun House owners of America (GOA) and Gun House owners Basis (GOF) after the Metropolis of Philadelphia handed a metropolis ordinance that restricted the manufacturing of firearms, elements, and attachments for private use by residents. Philadelphia Mayor Cherelle Parker and former Mayor Jim Kennedy each claimed that so-called “ghost weapons” had been flooding the streets of the Metropolis of Brotherly Love, resulting in an epidemic of gun violence, although the uncooked knowledge doesn’t again that conclusion.
The ordinance doesn’t simply ban constructing weapons from 80% body kits equivalent to these bought by the now defunct Polymer80, however it additionally forbids the making of firearms by way of additive manufacturing equivalent to 3D printing. Nowhere else within the state is that this observe banned, and state legislation doesn’t say you may’t 3D print a gun. In truth, Pennsylvania is the house of the Makers Match, which is a taking pictures competitors that makes use of 3D-printed firearms.
The plaintiffs within the case claimed that town was breaking Pennsylvania legislation when the ordinance was handed. The Keystone State has one of many strongest preemption legal guidelines within the nation, that means {that a} metropolis can’t make its personal gun legal guidelines, though it seems that Philadelphia did simply that. Nothing in commonwealth legislation bans PMFs, so town needs to be forbidden from making a ban.
The plaintiffs additionally declare that the ordinance violates the Pennsylvania Structure, which ensures the fitting to bear arms, very like the Second Modification of the US Structure. Each claims fell on deaf ears when a decrease courtroom heard the case. The decrease courtroom is notoriously anti-gun and dominated towards the plaintiffs. GOA appealed the choice to the Pennsylvania Supreme Court docket final yr.
Very similar to the US Supreme Court docket, the Pennsylvania Supreme Court docket doesn’t need to take a case as a result of a petition was filed. They agreed to listen to arguments on this case, which is an effective signal for gun house owners in Philadelphia. The hope is that the Commonwealth Supreme Court docket will appropriate the decrease courtroom’s errors.
GOA and GOF had been hopeful that the Pennsylvania Supreme Court docket would restore the rights of the residents of Philadelphia and ship a message to different localities throughout the Commonwealth that violating the state’s preemption legislation and the fitting of residents to maintain and bear arms is not going to be tolerated.
“Philadelphia’s efforts to control firearm manufacturing go towards the core of Pennsylvania’s firearm preemption legislation and violate the rights of its residents,” mentioned Gun House owners of America Senior Vice President Erich Pratt. “With the Pennsylvania Supreme Court docket now agreeing to listen to this case, we’re hopeful that Pennsylvanians’ rights will likely be protected against Philadelphia’s unconstitutional tyranny on the native stage.”
“It is a crucial second for gun house owners throughout Pennsylvania,” mentioned Sam Paredes on behalf of Gun House owners Basis. “The Pennsylvania Supreme Court docket’s resolution to take up this case exhibits the significance of safeguarding our enumerated proper to maintain and bear arms. Philadelphia’s overreach must be stopped, and we consider the courtroom will uphold the legislation and defend residents’ rights.”
The end result of this case may have a rippling impact throughout the state.
About John Crump
Mr. Crump is an NRA teacher and a constitutional activist. John has written about firearms, interviewed individuals from all walks of life, and on the Structure. John lives in Northern Virginia along with his spouse and sons, comply with him on X at @crumpyss, or at www.crumpy.com.
