The Democrat-heavy Pennsylvania Supreme Court on Monday upheld a challenge to a Republican-backed gun preemption law in the Keystone State.
The 2014 law, Act 192, was dubbed when it was signed by then-Gov. Tom Corbett (R) to be the “strongest firearms preemption statute in the country,” as it allowed civil rights groups to stand in for citizens in suits against local gun laws that were stronger than the state had on the books.
As state Dems and gun control groups rallied to block the implementation of the new law and state Attorney General Kathleen Kane announced she would not defend it, Second Amendment groups launched a volley of lawsuits under its protections against municipalities whose laws were brought under scrutiny.
Notably, instead of attacking the merits of the law itself, those seeking to dismantle it questioned the mechanics of how it became adopted – as a rider to a scrap metal theft bill. That argument found agreement from the court.
“As the Commonwealth Court suggested, creating a civil cause of action for persons affected by local gun regulations is simply too far afield from the definition of new offenses relating to the theft of secondary metal to be considered part of one subject,” noted Chief Justice Thomas G. Saylor for the majority. “Based on the foregoing, Act 192 violates…