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Jim Kenney misunderstands Firearms Preemption Laws (broadandliberty.com)
Gun control advocates believe that the outbreak of gun violence this past weekend, in which ten people were shot and eight were killed in several separate shootings, is proof that more legislation is needed to curb gun violence.
On September 13,
Mayor Jim Kenney’s website released an account of the city’s court action
before the Pennsylvania Supreme Court. The city believes the Firearms
Preemption Laws, which prohibit municipalities from enacting laws to address
gun violence, are unconstitutional.
“Today, the City
of Philadelphia, with co-petitioners, the CeaseFirePA Education Fund, and
individuals affected by gun violence in Philadelphia and Pittsburgh, alongside
co-counsel Hogan Lovells and the Public Interest Law Center, made its oral
argument before the Pennsylvania Supreme Court in the case of Crawford v. Commonwealth, which challenges
the constitutionality of Pennsylvania’s Firearms Preemption laws,” the press
release stated.
The press release
went on to state that during the hearing, the city presented its argument
regarding the ongoing gun violence crisis in Philadelphia, where over 1,000
people have been shot so far in 2023. Petitioners have compelled the
Pennsylvania Supreme Court to reverse the dismissal of the case and for the
case to be remanded to the Commonwealth Court for discovery and trial.
The city and
co-petitioners filed this lawsuit against the Commonwealth of Pennsylvania in
2020, seeking a permanent injunction preventing further enforcement of Firearms
Preemption Laws so that Philadelphia and other municipalities in Pennsylvania
can implement sensible gun safety laws that are proven to save lives. In May of
2022, the Commonwealth Court dismissed the case, and the City of Philadelphia
appealed the decision.
“The Pennsylvania
Uniform Firearms Act binds our hands as we fight the scourge of gun violence
and senseless loss of life in Philadelphia. There is no justification for this
restriction that could possibly outweigh the negative effects of gun violence —
especially the lives cut tragically short and the enduring psychological trauma
to residents,” said Mayor Jim Kenney. “To
be clear, we are arguing on both principle and empirical evidence showing that
the constitutional, common-sense approaches we’re currently prevented from
taking would reduce gun violence in Philadelphia. With this lawsuit, we are
petitioning the court to let us save lives and protect the communities most
impacted by our national crisis of gun violence.”
Diana Cortes, the
City Solicitor, added, “With over 269 people killed by firearms this year
alone, gun violence continues to traumatize Philadelphia communities on a near
daily basis. Despite this, the Commonwealth of Pennsylvania not only refuses to
act but, through the enforcement of Firearms Preemption, has repeatedly blocked
city officials from implementing laws to address the crisis, including
permit-to-purchase ordinances, one-gun-per-month limits, and extreme risk
protection. The city is confident in the facts and case law presented in its
legal argument and is hopeful that the Pennsylvania Supreme Court will reverse
the Commonwealth Court decision to dismiss this case.”
But ask any cop, and they will tell you that gun violence truly
comes from predatory criminals armed with illegally acquired guns, which they
employ with reckless abandon. Gun control advocates like Mayor Kenney, who want
to enact anti-gun legislation at the municipal level, cannot, or will not,
differentiate between legally owned guns and illegal ones used by criminals in
brutal criminal actions.
“Look at what
happened this weekend,” one angry cop said to me. “There are shootouts all over
the city, and people are killed. The mayor wants the right to make more
anti-gun laws, his so-called common sense gun laws, but they will not make a
bit of difference to the bad guys sporting illegal guns and mowing down other
bad guys and innocent bystanders.”
The cop shook his
head and said the mayor is dreaming if he thinks he can stop gun violence with
city gun control laws.
“But he can
tackle the gun issue by taking the handcuffs off the police and letting us
round up the well-known bad guys who use guns in armed robberies, carjackings,
and drug wars,” the cop said. “And the district attorney can prosecute these
bad guys and lock ’em up for good.
“But don’t hold
your breath, as ‘Let Em’ Loose Larry’ Krasner has never met a criminal he
doesn’t identify with. I gotta ask, whose side is Krasner on?”
Mayor Kenney does
not have the authority to enact gun control laws. And he shouldn’t. That’s what
we have a state legislature for. Even if the mayor was able to enact draconian
gun laws, only legitimate gun owners would be punished. Criminals violate existing
laws openly, and they’ll violate any new laws passed by the mayor.
Gun control laws
do not apply to the criminal underworld, as hardened criminals do not abide by
government laws and edicts.
Paul Davis, a Philadelphia writer and frequent contributor to Broad + Liberty, also contributes to Counterterrorism magazine and writes the “On Crime” column for the Washington Times. He can be reached at pauldavisoncrime.com.
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