PHILADELPHIA (KYW Newsradio) — In the wake of mass shootings and a national outcry for gun legislation, the Pennsylvania Commonwealth Court on Thursday denied Philadelphia’s request to regulate guns within city limits.
The court ruled 3-2 against the city’s novel argument that the state pre-emption law — which prevents Philadelphia from enforcing its own laws on guns — amounts to a state-created danger and thus should be struck down.
The city will appeal to the Pennsylvania Supreme Court.
City Council President Darrell Clarke, a force behind the lawsuit, called it disappointing but not surprising.
“The simple reality is we believed this would be appealed to the state Supreme Court, where we hope they will be taking the case shortly,” he said.
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City Solicitor Diana Cortes said there are hopeful signs for success in the Pennsylvania Supreme Court. Renee Jubilerir, one of the three Commonwealth Court judges in the majority, wrote a separate opinion, saying that the city's arguments may form the basis for the state's high court to reconsider earlier rulings that upheld pre-emption.
“The fact that we have three judges essentially agreeing with us that the Pennsylvania firearms laws and jurisprudence need to be changed, I think, is a good step in the direction and ultimate result that we want,” Cortes said.
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"All three opinions acknowledge how terrible and pervasive gun violence is. The city lives this morbid reality every day and has no other option but to appeal and fight for the change in law that Philadelphia and every other municipality in the Commonwealth deserves."
The defendants in the case, Pennsylvania House Speaker Bryan Cutler and Senate Majority Leader Jake Corman, did not return calls seeking comment.
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