PENNSYLVANIA’S FIREARM PREEMPTION
By Kim Stolfer, President FOAC
Pennsylvania’s firearm preemption law has been the focus of anti-gun groups to violate it and overturn it for literally decades! This is the biblical equivalent of opening Pandora’s box. Yet most gun owners (outdoors enthusiasts especially) don’t seem to really grasp the importance of the fight which is going on behind-the-scenes, but they are certainly about to!
When I use the term Firearm Preemption Law (Title 18, Section 6120), what does that mean to you? It really doesn’t sound that sexy or eye-catching does it as a gun ban would? Would it be surprising to you to know that FOAC has been particularly focused on this issue going back into the early ’90s? So, what would happen if Pennsylvania's preemption law was overturned by the courts negating 46 years of precedent? This would lead to the evisceration of the inviolate right of the residents of the Commonwealth to keep and bear arms and ensnare law-abiding citizens through a patchwork of laws. Pennsylvania's preemption statute serves an important purpose, to ensure that Pennsylvanians are not subjected to a patchwork of illogical and inconsistent rules and regulations pertaining to the firearms they chose to employ.
FOAC’s fight against the City of Harrisburg's violation of Pennsylvania firearm preemption law goes all the way back to 2015. This preemption fight was complicated by the opportunistic interference of Pennsylvania Law Shield wherein they folded their case prematurely and we refused to do so. The City of Harrisburg has fought us (FOAC) every step of the way and we finally achieved a victory in Commonwealth Court on the narrow issue of what’s called “standing”. The City of Harrisburg has appealed that decision all the way to the Pennsylvania Supreme Court, a position which has garnered them amicus brief support from anti-gunners in Pennsylvania as well as across America.
The list of opponents who have filed amicus briefs (click on the link for the brief) in support of the unlawful actions and ordinances of Harrisburg is below:
- City of Pittsburgh
- City of Philadelphia
- Anti-Gun Group-Ceasefire Pennsylvania Education Fund
- Anti-Gun Group-Giffords Law Center to Prevent Gun Violence
- Anti-Gun Group-Brady Center
- County Commissioners Association of Pennsylvania
- Pennsylvania Municipal League
- Pennsylvania State Association of Township Supervisors
- Pennsylvania State Association of Boroughs
As you can see, the list above is like a rogue’s gallery list of government and billionaire-backed anti-gun groups who all have one thing in common they hate the Second Amendment and they hate you and they hate everything you stand for!
The situation in the City of Pittsburgh has been the subject of local, state, and national media attention but the Harrisburg situation has received scant attention because it has been mostly a low-pressure issue.
IF we lose this fight on standing then we lose everything with this case and 'everything' that is in the pipeline with not only Harrisburg but also the City of Pittsburgh.
We are not the type of organization that runs around crying the sky is falling so they can push you into donating money but in this particular case we are asking for your support and help. IF we can stop Harrisburg then the issue with the City of Pittsburgh becomes a moot point!
IF we LOSE, then what the City of Pittsburgh has done will pale in comparison to what we see moving forward from Philadelphia and other urban centers in Pennsylvania.
Make no mistake this is a gritty, knockdown, no holds barred fight and it is between gun owners and our Constitution and those who would transform our state and nation!
So, if you are in a position where you can help support FOAC’s legal efforts – DONATE HERE – to this effort as we are asking for your help! We cannot promise victory but we can promise that we will fight as hard as humanly possible to uphold the rule of law and our Constitution that we all hold dear!
On an even more important note, this summer in America, it appears we may be approaching the end of a civilized and free society as we have known it. The freedom to walk outside without worrying for your life and the reliance that constitutional freedoms are guarantees that the government will honor have dissipated. The effects are anarchy in the streets and a loss of liberty for everyone.
The root cause of both is the failure of the government.
The anarchy was born in legitimate dissent and has morphed into deadly violence. The dissent was provoked by the public torture and murder of George Floyd, a Black man, by a white Minneapolis police officer.
For many folks -- I among them -- this was too much to bear. It was the final public impetus to the release of pent-up rage over the disparate treatment of the races by the government in general and the police specifically, and over public officials who have known of this for generations and looked the other way.
Since the adoption of the Civil War Amendments to the U.S. Constitution, the government -- local, state and federal -- was supposed to have become colorblind.
We know it has not. But the death of one innocent Black man by one vicious white cop may have succeeded in achieving what 150 years of legislation and litigation have failed to achieve: turning the tide of public opinion against a culture that looked the other way in the face of governmental racial abuse and disparity.
But what began as legitimate, constitutional and laudatory dissent has become, in some places, violence, and anarchy.
How does this end? Will a pliant majority accept uniformed and nonuniformed thugs in the streets? Will it accept tyrannical governance in the name of public health? Will the tyrants return our freedoms when the pandemic has passed? Will this lead to vigilantes or martial law? Is this all a political gambit?
NO MATTER WHAT, November 3rd will determine the fate of our nation and our Freedoms. Gun Owners and outdoor enthusiasts have long put off this day of reckoning and it is CLEARLY here. So, look in a mirror and ask yourself; what are YOU going to do about it, and IF there is ANY doubt in your mind consider the plight of Virginia gun owners who failed to act last year! It’s YOUR choice