In a heartfelt demonstration outside City Hall, portraits of individuals lost to gun violence served as a poignant backdrop for grieving loved ones who called upon the Pennsylvania Supreme Court to permit local leaders to enact stricter gun laws.
Roz Pichardo, an activist who has tragically lost her brother, sister, and boyfriend to gun violence, spoke passionately about the pain endured by victims’ families. She emphasized the importance of stronger gun control measures and lamented the absence of her loved ones in their prime.
Pichardo is among ten co-victims representing families affected by gun violence who are plaintiffs in a lawsuit initiated by the City of Philadelphia. The lawsuit challenges a 1974 state firearms preemption law that prevents local jurisdictions from implementing gun regulations stricter than those at the state level.
On the horizon, the Pennsylvania Supreme Court will decide whether the case should proceed to trial. If preemption is lifted or narrowed, cities like Philadelphia could potentially enact measures such as permit-to-purchase laws, extreme risk protection orders, and monthly handgun purchasing limits, all aimed at curbing homicides, mass shootings, and suicides.
Mimi McKenzie, the legal director for the Public Interest Law Center, which represents the co-victims and the nonprofit group Ceasefire PA in the case, likened the situation to a scenario where Pennsylvania doesn’t allow cities to set traffic regulations like stop signs, red lights, and speed limits, while the state itself fails to enact these lifesaving measures.
The case, Crawford v Commonwealth, filed in October 2020, argues that the state’s preemption statute violates Philadelphians’ fundamental right to life and liberty as guaranteed by the state constitution. In May 2022, the Commonwealth Court dismissed the case based on precedent. However, the plaintiffs appealed the decision, leading to the upcoming arguments before the Supreme Court of Pennsylvania.
This case represents a unique challenge to preemption laws as it seeks their repeal on constitutional grounds. While over 40 states have preemption laws, this is the first time a city has pursued their repeal on constitutional grounds.
Legal experts note that the plaintiffs present compelling arguments highlighting how gun violence disproportionately affects certain populations in Philadelphia compared to other parts of the state. If the Supreme Court overturns the Commonwealth Court’s decision, the case will proceed to a trial in the Commonwealth Court. Potential outcomes include striking down the preemption law entirely or granting municipalities greater flexibility in regulating firearms.
Against the backdrop of rising homicides in Philadelphia, with over 500 recorded in both 2021 and 2022, the urgency for stricter gun control measures remains a pressing concern for many residents. Families of victims like Nicolas Elizalde, a 14-year-old fatally shot at a high school football game, are calling for action to prevent further loss of life.
Marge LaRue, Nicolas Elizalde’s grandmother, emphasized the need for lawmakers to take action and save children’s lives. She urged lawmakers to act on behalf of the community they serve, underscoring the importance of enacting meaningful change in the face of such tragedy.