A group of Democratic state legislators and the cities of Pittsburgh, Philadelphia and Lancaster filed a lawsuit against Republican leaders Monday in an attempt to prevent an irresponsible, counterproductive law from going into effect.
Last month, in the closing days of the legislative session, two bills that previously had been introduced were combined into one. House Bill 80 would have created a specific legal offense for the theft of copper wiring and scrap metal. HB 1243 would have given the National Rifle Association and similar organizations legal standing to challenge any municipal gun control ordinances in the state.
Act 192, signed by Gov. Tom Corbett, does both and that’s the problem. Under state law, legislation should be limited to one, original topic. The plaintiffs in the Commonwealth Court lawsuit argue the resulting bill and the way it was amended render the law unconstitutional.
The Legislature’s error in passing the measure, and Mr. Corbett’s in signing it, goes beyond the procedural issue, though. It would subvert the intention of local officials who have enacted sensible gun rules.
Thirty municipalities, including Pittsburgh, have ordinances that require owners to inform police if a handgun is lost or stolen. The aim is to curb straw purchases, which enable criminals who cannot legally buy guns to do so. The NRA challenged Pittsburgh’s law, but courts ruled that it didn’t have legal standing. Under Act 192, the NRA would have that power — and it will use it.
This lawsuit is a pre-emptive strike but, if it doesn’t prevail, expect the NRA to sue every town with a gun law on its books. And because of anti-taxpayer language in the act, local residents could wind up paying the NRA’s legal expenses.
Commonwealth Court should find this bad law unconstitutional.
First Published: November 12, 2014, 5:00 a.m.
