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Senate of Pennsylvania
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: February 27, 2013 03:56 PM
From: Senator Richard L. Alloway, II
To: All Senate members
Subject: UPDATE: Pennsylvania Preemption Statute Regarding Firearms and Ammunition
 
In the near future, I plan on introducing legislation providing for Pennsylvania State Preemption over firearms and ammunition regulations.

This legislation enhances and restores the original intent of the Uniform Firearms Act. Over recent years local governments have been passing ordinances in defiance of Pennsylvania law. This legislation will correct the problem.

Specifically, this legislation would prevent local jurisdictions from imposing ordinances more restrictive than laws passed by the Pennsylvania State Legislature.

Where no uniform state laws are in place, the result can be chaotic as restrictions change from one local jurisdiction to another. Where so many different ordinances are allowed to exist, citizens with no criminal intent are placed in danger of breaking restrictions where they don’t know they exist. Furthermore, it is unreasonable to require residents of Pennsylvania and citizens passing through from other states to memorize every firearm ordinance as they pass through each local jurisdiction.

The existence and degree of express state preemption of local firearms ordinances varies from state to state.

Some states have had courts determine whether implied preemption exists.

There are 42 states that have enacted broad preemption statutes.



Introduced as SB876