on October 4, 2022
Last week, Philadelphia Mayor Jim Kenney signed an executive order banning firearms in the city’s parks and recreation facilities.
This week, the city’s Court of Common Pleas has enjoined Mayor Kenney from enforcing his ban following a lawsuit filed by Gun Owners of America (GOA).
As GunsAmerica previously reported, GOA filed the suit because Kenney’s executive order violates a state preemption law that prohibits cities and municipalities from regulating firearms.
Only the state Legislature has the power to enact laws that affect 2A rights.
“The law in Pennsylvania couldn’t be clearer. No municipality – including Philadelphia – may regulate the lawful possession of firearms in any manner,” said Andrew Austin, attorney for GOA and the Plaintiffs in a press release.
“Obviously, the City doesn’t care about that law or the concrete legal precedent affirming it, and since there are no consequences for them, they will continue to try to ram through illegal rules to the detriment of their own citizens,” he continued.
“However, we’re grateful that the Philadelphia Court of Common Pleas was willing to act so quickly to prohibit the mayor’s illegal action,” said Austin.
Unfortunately, the city plans to appeal the judge’s order, which is, as GOA pointed out, a complete waste of taxpayer dollars.
Dr. Val Finnell, Pennsylvania Director of GOA, believes there should be consequences for anti-gun municipalities who continually try to foist gun control on Pennsylvanians.
“The fact there are no consequences for these illegal actions by local politicians clearly demonstrates the need to add teeth to Pennsylvania’s preemption statute, through the very type of legislation like we saw vetoed last year by Governor Wolf (HB 979),” observed Finnell.
“When municipalities like Philadelphia violate the law, they should pay attorney’s fees and damages,” continued Finnell.
Stay tuned for updates.