Articles tagged “Preemption”

Following in the footsteps of other Pennsylvania City Councils around Pennsylvania who either don’t know or don’t care about Pennsylvania State Law, the Harrisburg City Council is proposing a “Lost & Stolen” reporting law.

Legislation requiring gun owners tell police if their firearm is lost or stolen will be considered by Harrisburg City Council after Tuesday’s recommendation of support from council’s public safety committee.

Under the proposal anyone discovering the loss or theft of their firearm must tell city police within 24 hours or face a fine of from $50 to $1,000 or up to 90 days in jail.

These laws are more feel-good legislation that allows city councils to tell their constituents they are doing something while not actually doing anything, and on top of that they are completely illegal because firearm regulation is reserved for the state legislature under Pa.C.S. § 6120:

John Hohenwarter, NRA Pennsylvania State Liaison, earlier Tuesday told The Patriot-News “Harrisburg does not have the authority to go out and pass their own ordinance” because firearms can only be regulated at the state level. He said the same is true of the five other cities. “The bottom line is they don’t have the authority to do it so why are they even debating it?”

But nevermind the law, Council President Linda Thompson Explains:

Council President Linda Thompson said the impact of gun violence on the city trumps any threat of legal challenge.

It’s interesting how if a citizen ignores the law they go to jail, but if a city council does it it’s a moral responsibility. Funny how that works.