I live in Philly and keep a close eye on these things and I won't breathe easy until these laws are in a coffin and securely nailed shut.
I too believe the preemption law should be applied as an ironclad rule but I don't trust any of the new, very politically aligned judges to do the right thing.
Just for everyones info, the pertinent law and rulings state:
18 Pa. Crim. Stat. §6120(a) -- "General rule. No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this commonwealth."
The state constitution secures the citizen's right to arms, Art I, §21:
"The right of the citizens to bear arms in defense of themselves and the State shall not be questioned"
And the PA Supreme Court interpreted Section 21 as follows in 1996:
"Because the ownership of firearms is constitutionally protected, its regulation is a matter of statewide concern. The constitution does not provide that the right to bear arms shall not be questioned in any part of the commonwealth except Philadelphia and Pittsburgh, where it may be abridged at will, but that it shall not be questioned in any part of the commonwealth. Thus, regulation of firearms is a matter of concern in all of Pennsylvania, not merely in Philadelphia and Pittsburgh, and the General Assembly, not city councils, is the proper forum for the imposition of such regulation.” -- Ortiz v. Commonwealth
Understand, this is also the same court that said the permanent retention by the Pennsylvania State Police of handgun buyer's personal information and the make, model and serial number of the gun purchased does not violate 18 Pa.C.S. §6111(b)(1.1)(v) (emphasis added):
"Unless it has been discovered pursuant to a criminal history, juvenile delinquency and mental health records background check that the potential purchaser or transferee is prohibited from possessing a firearm pursuant to section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms), no information on the application/record of sale provided pursuant to this subsection shall be retained as precluded by section 6111.4 (relating to registration of firearms) by the Pennsylvania State Police either through retention of the application/record of sale or by entering the information on a computer, and, further, an application /record of sale received by the Pennsylvania State Police pursuant to this subsection shall be destroyed within 72 hours of the completion of the criminal history, juvenile delinquency and mental health records background check."
Here is the aforementioned 18 Pa.C.S. §6111.4:
"Notwithstanding any section of this chapter to the contrary, nothing in this chapter shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth . . ."
The PASC ruled that because it is a "data base" not a "sales record" and certainly not a "registry" the above statute is not violated.
anybudy 'splain dat to me cuz im not traned in da law . . .
The way I read the statute no records (specifically sales records) shall be maintained by any means (specifically computerized) by any government agency (specifically PSP) with respect to the sale or transfer of any firearms, period. Seventy-two hours after an approved background check, any record of the sale / transfer in government hands is to he destroyed.
The only sale records required to be maintained is at the dealer where the firearm was purchased / transfered. Federal law mandates that FFL dealers are required to keep the 4473 for 20 years after the transaction and it is never to be stored electronically.
So, until these new laws are declared dead and Philly is left zero wiggle room to enact or enforce future unconstitutional and illegal gun laws, I'll retain the right to remain un-trusting and vigilant.