Gun rights group threatens legal action over York's proposed ban on gunfire in the city

A lawyer representing a gun rights organization has threatened to sue York City and file a private criminal complaint against city officials over the city’s proposed ordinance that would forbid the discharge of firearms within the city limits.

Joshua Prince, chief counsel for the Firearms Consulting Group in Bechtelsville, Bucks County, Pa., asserts in a letter sent to the city that its proposed ordinance violates state law that prohibits municipalities from regulating firearms.

Prince, who is representing an organization called Firearms Owners Against Crime – Legal, Legislative and Educational Action, said in an interview that state law, and subsequent court rulings, have determined that it is “unconstitutional and unlawful” for municipalities to adopt any ordinances that regulate firearms.

A cache of weapons, including a drum magazine that can hold 50 .45 caliber bullets, other high capacity magazines and ghost guns, were displayed during a seizure conducted by York City Police. To battle gun violence, the city is seeking to adopt a law to forbid firing weapons in the city limits. A lawyer representing a gun rights group has threatened legal action, saying the proposed law is unlawful and unconstitutional.

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“The courts have been clear on this matter,” he said. “Municipalities cannot regulate firearms and ammunition in any manner.”

And, he said, that includes the discharge of firearms.

The proposed city ordinance, introduced Wednesday, would make it illegal to discharge a firearm in the city, something Police Commissioner Mike Muldrow asserted had nothing to do with the lawful right to possess a firearm.

“This is not about targeting gun ownership or gun enthusiasts,” Muldrow told council. “This is about making it easier to hold people who do wrong accountable.”

The text of the ordinance notes that the state’s Third-Class City Code gives cities the right to “regulate, prohibit and prevent the discharge of a firearm” and that such a law does not infringe on Second Amendment rights to own or collect firearms.

The ordinance was tabled while city solicitor Brett Flower conducts a legal review of its provisions. During the meeting, council members raised concerns about provisions in the law that would forbid the ownership of switchblade knives, which has been on the city’s books since 1956, and whether the section that forbids open carry of firearms during a state of emergency. The prohibition on switchblades has been overturned by legislation, and state of emergency provisions forbidding carrying firearms by people between the ages of 18 and 21 have recently been struck down in federal court.

Flower and York City Police did not immediately respond to a request for comment.

Previously: York City Council considering a law to forbid the firing of guns within the city limits

The city’s battle against gun violence: York gun violence was down dramatically in 2023. Police credit changes in enforcement

In his letter, Prince cited state law that states “no county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.”

Prince cited a state Supreme Court ruling from 2019 that asserted that it is the state Legislature’s “exclusive prerogative to regulate firearms.”

He also cited several instances in which cities and municipalities have attempted to regulate firearms, including cases in Erie and Lower Merion Township in Bucks County where local officials attempted to adopt laws that outlawed carrying and discharging firearms in local parks.

In both of those cases, Prince wrote, the state Commonwealth Court “has held that discharge provision(s) are unlawful.”

“In the event the York City Council enacts this proposal, (Firearm Owners Against Crime) is prepared to file private criminal complaints against each official involved in the proposing and enactment of the ordinance and to file suit against the City, which will result in substantial burdens on the taxpayers,” Prince wrote in the letter. “Clearly, it is in the best interest of all of those involved that the proposed ordinance not be enacted.”

He gave the city 14 days to tell him whether the city plans to go forward with adopting the ordinance.

This article originally appeared on York Daily Record: Gun rights group threatens legal action over York’s proposed ban on gunfire in the city