Pittsburgh to appeal weapons ban ruling to state Supreme Court
PITTSBURGH (KDKA) — In the wake of the Tree of Life massacre, the city of Pittsburgh passed a bill to ban the assault-style weapons and high-capacity magazines used in the attack.
But so far, both Common Pleas and Commonwealth Court judges have ruled the city overstepped its power.
KDKA's Andy Sheehan: Do you believe you have the power to regulate?
Mayor Ed Gainey: We need to be able to preempt state law to be able to create our own gun laws if we want to protect our own municipalities.
The city plans on Monday to file an appeal with the state Supreme Court to allow its weapons ban to stand, even though the high court threw out a similar ban proposed by the cities of Pittsburgh and Philadelphia back in 1996.
"I know the mayor consistently wants to take people's guns away," said state Rep. Aaron Bernstein, who represents Beaver and Butler counties. "Specifically those that are law-abiding citizens. The mayor is flat-out wrong on this issue and the courts have proved to be accurate."
In its recent ruling, Commonwealth Court said the city was "well aware" that Pennsylvania law states "No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms."
And that power is vested in the Legislature, not cities.
But Gainey says the city needs the power to stem the flow of illegal guns. In addition to court action, he's asking the state Legislature to give the city that power and pass meaningful gun legislation, as guns have fallen into younger and younger hands.
"We have to do something," Gainey said. "We have a responsibility, and I think the time is now.
But the Republican-led Legislature has not allowed several bills to be released from committee, including raising the age for buying assault-style weapons from 18 to 21 and so-called red flag laws — which allow guns to be taken from someone determined to be a threat to themselves or others.
State Senator Wayne Fontana, who has sponsored the state's red flag law, said he has all but given up hope that the Legislature will vote on his bill, but Gainey says he will keep on fighting.
