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Gun Bans: Court Reminds Local Governments They Lack Authority to Restrict Guns

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Unread 12.22.16, 08:29 PM
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Gun Bans: Court Reminds Local Governments They Lack Authority to Restrict Guns

Posted: 12.23.16 08:32 AM

Pennsylvania's Uniform Firearms Act (UFA), section 6120(a), directs that "[n]o county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms . . . ." 18 Pa. C.S. § 6120(a).*The UFA rests on the legal concept of “preemption,” in which a higher level of government – the state –expressly restricts the power or law-making authority it grants to its political subdivisions. This law, like similar*laws in 45 states, was enacted to eliminate the inconsistent and confusing regulatory hodge-podge that results when each locality adopts its own “customized” regulations on guns, and serves to ensure that the firearm laws remain uniform across a state. Previous court cases interpreting Pennsylvania’s law – including a lawsuit brought by the NRA against the City of Philadelphia – have invalidated prohibitions on the possession, transfer and sale of “assault weapons,” straw purchases of handguns, and other local gun-control measures.

Source: https://www.nraila.org/articles/2016...-restrict-guns
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