PA: Govenor Wolf Vetos Pre-emption Bill, Sides with Scofflaw Cities

Governor Tom Wolf has vetoed Pennsylvania Bill HB 979 on 4 February, 2022. The bill would have imposed penalties on Pennsylvania municipalities who violate Pennsylvannia law. HB 979 passed the Pennsylvania House with 124 to 79 votes on June 8th, 2021. It passed the Pennsylvania Senate on January 25, 2022, with 32 to 17 votes.

From newsfromthestates.com:

As promised, Democratic Gov. Tom Wolf has vetoed a Republican-penned bill that would punish municipalities from enacting firearm ordinances stricter than Pennsylvania law.

The legislation, authored by state Rep. Matthew Dowling, R-Fayette, that would make towns and cities responsible for all legal costs in successful court challenges to local restrictions, was approved by the GOP-controlled General Assembly last week.

In Pennsylvania, a two thirds vote in both chambers of he legislature is necessary for a veto override. In the House, HB 979 received 61% of the vote. In the Senate, HB 979 received 65% of the vote. An override of the veto is highly unlikely. 

Pennsylvania has a strong firearms pre-emption law to insure the uniformity of firearms law across the state. When the law was passed, it was assumed local governments would obey the law. It was a bad assumption. Over 50 local governments have snubbed their nose at the state law. HB 979 is the current attempt to bring the scoflaw governments to heel.  From the bill:

(1) A person adversely affected by any manner of ordinance, resolution, rule, practice or other action promulgated or enforced by a county, municipality or township in violation of subsection (a) or 53 Pa.C.S. § 306(a) (relating to regulation of firearms and ammunition) or 2962(g) (relating to limitation on municipal powers), may seek declarative and injunctive relief and the actual damages attributable to the violation in an appropriate court.

Essentially the same language was passed in 2014. Disgraced Pennsylvania AG, Democrat Kathleen Kane refused to enforce the bill. She was convicted of felonies while in office. The Pennsylvania Supreme Court struck down the 2014 law in 2016, because of a claim of improper procedure in the legislature when the bill was passed. 

Another bill with the language passed the House in 2017, but did not make it out of the Senate Judiciary committee. 

Opinion: 

In Governor Wolf's veto message about HB 979, he makes clear he values government power over the rule of law:

"This legislation is an attack on local governments who take action to find commonsense solutions to gun violence and is yet another bill that shows indifference to the safety of Pennsylvanians."

Progressives are opposed to limitations on government power. It is in their ideological DNA. 

It is difficult for this correspondent to see how encouraging local governments to violate the rule of law aids in increasing the safety of Pennsylvanian citizens. The language used by Governor Wolf is an Orwellian word salad. "Commonsense solution" translates to laws used to violate citizens Constitutional rights. "attack on local governments" means holding local governments accountable to the rule of law.  "Gun violence" is an Orwellian term meant to associate guns with illegal violence. But violence is neutral, like gravity. It can be used for good, or evil. Citizens are more likely to use guns to prevent crime than to commit crime. 

The Citizens of Pennsylvania, through their representatives, have shown they do not want local Pennsylvania governments to violate the law with impunity. Governor Wolf will not be governor forever. His Current term ends on January 17, 2023. A new governor will be elected in November of 2022. 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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