Gun

A state law that allowed any legal gun owner to sue a municipality over its gun regulations passed the Senate on Monday.

(James Robinson)

In 2014, Pennsylvania passed a law allowing any legal gun owner and organizations like the National Rifle Assoication to sue municipalities over gun ordinances that were stricter than state laws.

That law prompted a flurry of lawsuits against an array of cities, including Harrisburg, Lancaster, Philadelphia and Pittsburgh. Others preemptively changed their laws to avoid costly legal battles.

Then, in June, the state Supreme Court ruled the law unconstitutional.

But the court's narrow ruling didn't invalidate Act 192 because of its substance. Instead, the justices pointed to the fact that the gun control element had been tacked onto an existing bill concerning metal theft.

It was only a matter of time before the Legislature revived the law.

On Monday, the state Senate passed a new version of the law in a largely partisan 30-19 vote, moving it on to the House.

Supporters of Senate Bill 1330 emphasize the fact that it will bring uniformity to the state's gun laws. In the past, local municipalities have enacted more stringent ordinances, meaning that a gun owner traveling from Philadelphia to Pittsburgh may encounter vastly different regulations.

"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," said the bill's sponsor, Sen. Richard Alloway, R-Franklin County, in his co-sponsorship memo.

But opponents, some of whom spoke out Monday, say the bill violates separation of powers by encroaching on the discretion of the courts in deciding which groups and individuals have legal standing.

"Judges are the gatekeeper[s] to allowing access to the courts," said Larry Farnese, D-Philadelphia, prior to Monday's vote. "It's not a very difficult standard, but it is certainly a standard [that's] upheld and applied consistently to litigants across the board. The problem I have is, when you look at what 1330 does, is it overrides the discretion of the trial courts."

The National Rifle Association has attempted to override local ordinances for decades, Farnese said, but have failed to meet that standard. Now, he said, the Legislature is supplanting its judgment for that of the courts.

Sen. Rob Teplitz, D-Dauphin County, said the bill would serve as a de facto tax on Pennsylvanians due to the wave of lawsuits it will bring. Harrisburg, which is represented by Teplitz, faced several of its own after Act 192 was signed by then-Gov. Tom Corbett in 2014.

"I agree with the majority in the idea of preemption," he said, "but I don't agree in seeking to impose a large tax increase on my constituents, which will be the practical consequence of this bill."

One of two Republicans to vote against the bill, Sen. Pat Vance, of Cumberland County, said she agonized over her choice. She supports making gun law uniform statewide but does not believe membership organizations like the NRA should be able to sue municipalities.

"It's a very bad influence," she said. "Since we did not do any amendments, I'm very conflicted about this but I believe I'll have to be a 'no.'"