In November 2024, the Pennsylvania Supreme Court presented a unanimous and sharply detailed 55-page decision in Crawford et al. v. Commonwealth et al. , 19 EAP 2022. They affirmed the Commonwealth Court’s earlier decision to dismiss the City of Philadelphia’s lawsuit challenging Pennsylvania’s long standing 18 Pa.C.S. § 6120 statute — commonly known as the firearm and ammunition preemption statute — on constitutional grounds.

Philadelphia’s Challenge to State Preemption

The City’s main argument was that the state’s preemption statute, which prohibits local governments from passing their own firearm ordinances, violates Article I, Section 1 of the Pennsylvania Constitution. This section guarantees every Pennsylvanian the right to “enjoy and defend life and liberty.” The City contended that by preventing local officials from passing stricter gun laws, the statute was infringing on citizens’ ability to protect themselves and their communities. The City’s lawyers even cited the constitutional right to self-defense in their challenge — a first given that the same provision is often cited in support of individual gun rights.

The Court’s Comprehensive Analysis

As some of you may remember, I had the privilege of filing an Amicus Brief on behalf of the Allegheny County Sportsmen’s League (ACSL) and Firearms Owners Against Crime – Institute for Legal, Legislative, and Educational Action (FOAC-ILLEA). The Court’s opinion mirrored many of the arguments in our brief. While not quoting me directly, they devoted over 8 pages (pages 10-11, 14-19) to the Uniform Firearms Act (UFA).

The Court clarified that Section 6120 is just one part of a comprehensive and long-standing statutory scheme governing firearms in Pennsylvania. This clarification is important as it sets the stage for a future ruling that could hold that the UFA, in its entirety, preempts local regulation of firearms and ammunition.

Looking Ahead: More Clarification to Come?

The Court also mentioned three pending related cases — FOAC-ILLEA v. Pittsburgh , Armstrong v. Philadelphia , and Anderson v. Philadelphia — which were stayed pending this decision. Our team brought the first two cases. As such, we expect the Court to lift the stay in one or both of these cases, probably FOAC-ILLEA v. Pittsburgh first, and request additional briefing. This could lead to a definitive ruling that the UFA’s scope provides for field preemption — making it clear that only the General Assembly has the authority to regulate firearms and ammunition in Pennsylvania.

Supporting the Defense of Your Constitutional Rights

We thank FOAC-ILLEA and ACSL for their unwavering dedication to defending Article I, Section 21, 18 Pa.C.S. § 6120, and the Second Amendment. Their steadfast efforts have been instrumental in protecting the rights of Pennsylvania gun owners. If you can, please consider making a donation to FOAC-ILLEA to support their ongoing legal battles and advocacy work.

If you believe your constitutional or statutory rights have been violated by any level of government — state or federal — don’t hesitate to contact FICG today to discuss your legal options. Your rights matter — let us help you defend them.

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