Big Win in Philly

PHILIDELPHIA, Penn – In September 2022 Mayor Jim Kenny signed an executive order that banned firearms at indoor and outdoor recreational facilities. This came after the death of a recreational employee.  

Kenny stated that this executive order would give the power to the employees to call the police whenever they see someone with a gun. The DA, Larry Krasner, stated that this executive order would give him the power to charge people who bring guns to recreational facilities. “Anyone who brings a gun into a rec facility will be charged on many different levels, Krasner explained.”  ​(MacDonald, 2022)​ 

One week later the executive order was blocked by Judge Joshua Roberts. Under the 1977 Pennsylvania Supreme court ruling, Schneck v City of Philadelphia, that localities such as cities do not have the power to make gun laws. Localities are limited on the powers granted to them by the state legislature.  

“We believe that this statute clearly preempts local governments from regulating the lawful ownership, possession and transportation of firearms, and we also believe that Philadelphia's ordinance attempts to regulate firearms in the manner indicated in the statute as prohibited. We must, therefore, enjoin the City of Philadelphia and its officers from enforcing Ordinance 10-814 and reverse the order of the court below.”​ (Schneck v. City of Philidelphia, 1977)​ 

Kenny’s executive order was challenged by Gun Owners of America. “All of the anti-gun municipalities across the commonwealth need to understand the message from this case,” Val Finnell, GOA’s Pennsylvania director, said in a statement that contained a not-so-veiled threat. “Gun Owners of America will not tolerate illegal bans, prohibitions, or restrictions on the Second Amendment in violation of Pennsylvania law. We stopped Mayor Kenney in less than a week, and we will do the same to you.”​ (Ravitch, 2022)​ 

Gun owners of America keeps winning because of the Pennsylvania Title 18, § 6120, Which is part of the consolidated statues that specifically limits municipalities from enacting gun control laws.  

​​References 

​​MacDonald, T. (2022, 09 22). WHYY PBS. Retrieved from https://whyy.org/articles/philadelphia-mayor-jim-kenney-gun-ban-rec-centers/ 

​Ravitch, L. M. (2022, 10 07). BillyPenn. Retrieved from https://billypenn.com/2022/10/07/gun-owners-america-philadelphia-lawsuit-preemption-uniform-firearms-act/ 

​Schneck v. City of Philidelphia (Philidephia Supreme Couty 10 05, 1977).