MUNICIPAL ORDINANCE - PENNSYLVANIA

Dillon v. City of Erie

Commonwealth Court of Pennsylvania - January 7, 2014 - A.3d - 2014 WL 37840

Firearm owner, who obtained permit for pro-firearms rally in city park, filed action for declaratory judgment and injunctive relief, seeking preliminary and permanent injunction enjoining enforcement of city ordinances, which prohibited hunting and the use or possession of firearms in city parks and required reporting of stolen firearms. The Court of Common Pleas denied preliminary injunction. Firearm owner appealed.

The Commonwealth Court held that:

City ordinance that prohibited hunting and the use or possession of firearms in city parks was preempted by Uniform Firearms Act, which provided in pertinent part that no county, municipality or township could in any manner regulate the lawful ownership, possession, transfer or transportation of firearms when carried or transported for purposes not prohibited by the laws of the Commonwealth. Act preempted city ordinance by its own terms and by decisional law and precluded city from regulating lawful possession of firearms.



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