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Mayor Bill Peduto signed three gun-control ordinances into law Tuesday, making Pittsburgh the first city to enact a so-called “red flag” law.
The signing marked a milestone in a push, in which he’s enlisted other mayors nationwide, that aims to address a perceived national epidemic of mass shootings through action at the local level, according to the mayor and gun-control advocates. It also drew immediate legal action from gun rights advocates.
City council members, Tree of Life synagogue shooting survivor Dan Leger, and gun-control supporters gathered in the mayor’s conference room for the signing of the bills that will ban the use of semi-automatic weapons and certain accessories in public places and allow courts to temporarily seize weapons from a person who is exhibiting “red flag” signs of extreme risk to themselves or others.
Enforcement would include a civil penalty of up to $1,000.
“Change doesn’t happen on its own, change only happens when you challenge the status quo,” Mayor Peduto said in his opening remarks. “We have tried to get that change through Harrisburg, we have tried to get that change through Washington, and we have taken steps backward, not forward. So what we’re saying is in communities across this state … in cities around this country, we will take action.”
The room erupted into applause as he signed and declared, “The bills are now law.”
Several tearful people hugged members of council. Last week that body passed the legislation on a 6-3 vote.
Four gun-rights advocates waited outside the mayor’s office Tuesday -- disgruntled at not being allowed in -- and afterward called the bills “overtly criminal.”
“Our expectation is that the district attorney follows the law and prosecutes them like he said he would in his letter,” said Val Finnell, a physician from McKees Rocks, referring to a letter that District Attorney Stephen A. Zappala Jr. sent to council in January warning of the possibility of private complaints and saying that the proposals violated state law. Mr. Zappala’s office declined to comment Tuesday.
Council members Corey O’Connor and Erika Strassburger, who were the prime sponsors of the bills, and the mayor's spokesman Timothy McNulty said that Mr. Zappala has not contacted them regarding recent amendments to the bills or about the threat of private criminal complaints.
Dr. Finnell said six city residents will file their complaints on Friday.
“That is their constitutional right, and if they choose to do it, we will challenge the law itself that would prohibit an elected official from ever challenging a law,” Mr. Peduto said regarding the threat of private criminal complaints against him and council members.
The two council members and the mayor have been adamant in their push for gun-control, with Mr. Peduto declaring that he will take the defense of the bills to the U.S. Supreme Court if necessary. They have retained private legal counsel in the event they are sued as individuals, they confirmed Tuesday.
The National Rifle Association promptly filed a lawsuit against the city, challenging the definition of “large capacity magazines” in one of the newly signed laws.
The civil suit, titled Anderson v. City of Pittsburgh, was filed in the Allegheny Court of Common Pleas by four Pittsburgh residents “who will be forced to alter their behavior and to incur additional expense” under the new ordinances, the complaint states.
The lawsuit also names the mayor and council, and claims that “[b]y banning the public possession and transportation of loaded standard-capacity firearm magazines that can carry more than 10 rounds of ammunition, Pittsburgh has violated the rights of its citizens and exceeded its authority under Pennsylvania law.”
The 35-page complaint also claims that there is “no reliable evidence” that supports the contention that prohibiting certain magazine sizes will reduce violence involving firearms. It also cites public statements from council members who voted against the bills -- Darlene Harris, Theresa Kail-Smith and Anthony Coghill.
The national gun-control advocacy organization Everytown for Gun Safety’s legislative arm will assist the city’s Law Department in defense of lawsuits stemming from the legislation, the organization announced in a press release Tuesday. Everytown is an initiative funded by former New York City mayor Michael R. Bloomberg.
"We welcome the opportunity to provide our pro bono legal services and expertise to defend the City if and when any lawsuits are filed,” Eric Tirschwell, Everytown’s litigation director, said in the release.
Mr. Peduto said that because Everytown will be providing representation, taxpayers should only expect “ancillary costs.”
Within hours, sparring with Harrisburg began.
State Rep. Daryl Metcalfe, R-Cranberry, said on Twitter Tuesday that he “just asked our attorney to have a resolution drafted to IMPEACH the Mayor of Pittsburgh for his illegal gun control ordinances!”
Mr. Peduto responded via Twitter, alleging that four of Mr. Metcalfe's past initiatives were found unconstitutional, and asking, "Representative, do you really want to go 0-5?"
Mr. O’Connor and Ms. Strassburger introduced the ordinances in conjunction with the mayor’s office roughly seven weeks after a gunman killed 11 and wounded several others inside the Tree of Life synagogue in Squirrel Hill in October.
“I think when something hits home like that, and we’ve seen for decades that nobody steps up and does something. If we would’ve done something, the country would’ve done something five years ago, who’s to say what would have happened,” Mr. O’Connor said.
The mayor signed a fourth bill — the STOP the Violence initiative — as well Tuesday to fund neighborhood gun violence intervention.
Mayor Peduto said council’s work on the legislation showed “courage.”
Mr. Peduto and Mr. O’Connor both said they had received death threats and threats of criminal charges since introducing the bills.
“I think everybody here said ‘Bring it on because we’re doing the right thing,’” Mr. O’Connor said.
The bills originally aimed to ban possession of a number of weapons and accessories, but in an effort not to run afoul of the state law barring local gun laws, council voted in March to amend the language to ban the use of them in public places. Mr. O’Connor said he and Ms. Strassburger received legal help from Reed Smith and gun-control advocacy organizations.
A 1993 ordinance already prohibits anyone from firing a gun within city limits.
In December, Mr. Peduto emailed 60 fellow mayors of U.S. cities, asking them to push for gun-control at the local level. He spoke to mayors and law enforcement in January in Washington, D.C., on the topic, and Friday he met with survivors of the Parkland, Fla., high school shooting in which 17 were killed.
Mr. Peduto will continue his efforts to evangelize local gun control Wednesday when he travels to Toledo, Ohio, to discuss initiatives with the U.S. Conference of Mayors.
Ashley Murray: amurray@post-gazette.com, 412-263-1750 or on Twitter at @Ashley__Murray.
First Published: April 9, 2019, 4:12 p.m.
