Pennsylvania recently passed a law that allows membership groups (read: the NRA), including those without legal standing (that is, they haven’t been directly harmed by a law), to sue cities that have enacted gun laws that violate the state preemption laws. If they win, the plaintiff would be entitled to attorneys fees.
It’s no surprise that clueless anti-freedom people such as Elanor Clift (who recently penned this missive) try to spin this situation as horrible and the NRA as some sort of soulless monster intent on stripping “common sense gun laws” from poor, helpless cities.
For example ((I’m leaving out the absurd misunderstanding of the so-called “Florida loophole” that Ms. Clift makes and am focusing solely on the preemption issue.)),
Ed Foley, the mayor of Jenkintown, a borough in the Philadelphia suburbs, told the Daily Beast that the NRA forced him ?to choose between public safety and financial solvency.? […] Under the threat of a lawsuit brought by the NRA, an ordinance in place since 2010 requiring Jenkintown residents to report lost or stolen firearms at the police station was rescinded in a public meeting. ?It was a hold-your-nose vote,? says Foley. ?It?s such an innocuous law, and it doesn?t do anything to restrict anybody?s right to have a gun. I don?t know why the NRA isn?t a bigger supporter of the police. The police want the law.?
Naturally, they focus on how reasonable and “innocuous” that law is, and that the “police want the law”. Who could argue with something as sensible as requiring that someone who had their gun stolen report that theft to the police?
Indeed, I agree — in principle — that such laws are not an undue burden on honest gun owners, subject to certain conditions. I do, however, think that they’re useless: honest people would report their stolen property to the police anyway and seek reimbursement from their insurance company. Straw purchasers, who the law is seemingly aimed at, probably wouldn’t. Thus, the law would essentially only affect honest people while doing effectively nothing about straw purchasers.
But I digress. The effectiveness or innocuousness ((Which is, I was somewhat surprised to discover, actually a word.)) of a particular law is not the issue. The issue — which is conveniently ignored by anti-gun writers — is that such laws violate state preemption law and are thus invalid. The new law allowing challenges to such invalid, illegal “laws” seeks to remedy this without requiring that someone be made a sacrificial lamb by violating the law and challenging it in court.
If the people of Pennsylvania think that lost-and-stolen laws are a good idea, they’re welcome to write and submit a bill in the state legislature. Such a law would be perfectly legal everywhere in the state. However, cities and other localities lack the legal authority to pass gun laws — any gun laws — in the state, and it’s wrong for them to ignore preemption, even if they have the best of intentions.
Hat tip to Sebastian.