Common Pleas Judge Joseph James issued a five-page
opinion granting three Second Amendment rights groups and three individuals a
summary judgment that declared the ordinances illegal.
The city vowed to appeal.
Pittsburgh City Council in April approved three bills signed by Mayor Bill Peduto. One
would ban possession and use of certain semiautomatic weapons, including
assault rifles. A second would ban the use of ammunition and accessories, such
as large capacity magazines capable of holding 10 rounds or more of ammunition.
A third bill, dubbed “extreme risk protection,” would permit courts to
temporarily remove guns from a person deemed to be a public threat.
“The city and its outside legal counsel have always
expected this would be a long legal fight and will continue to fight for the
right to take common sense steps to prevent future gun violence,” said Peduto
spokesman Tim McNulty.
Three organizations — Firearm Owners Against Crime,
Firearm Policy Coalition Inc. and Firearm Policy Foundation — along with Matthew Boardley, Saadyah Averick and Fred Rak, sued seeking to overturn the ordinances.
James ruled that state law preempted the bills.
“Despite the city’s efforts to avoid the specific
preemption set forth in the (act) they are not able to avoid the obvious intent
of the Legislature to preempt this entire field,” he wrote.
Josh Prince, an attorney with Berks County-based Civil
Rights Defense Firm, which represented the plaintiffs, said his clients were
prepared to pursue the case “as far as necessary.”
“We’re very pleased with the decision rendered by
Judge James, and we’ll wait to see if the city will appeal,” he said.
“I believe all the organizations and plaintiffs
involved are prepared to take it as far as necessary to ensure that their
rights are not violated.”
Pittsburgh, which is being represented at no charge by
attorneys from Everytown for Gun Safety, an organization that advocates against
gun violence, along with its Law Department, agreed in May to postpone enforcement of the ordinances until the court
cases are resolved.
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