A judge in Philadelphia has blocked an executive order issued by Mayor James Kenney which bans guns in recreation centers, citing a state law that prohibits local governments from enforcing such regulations.
Kenney, along with Department of Parks and Recreation Commissioner Kathryn Ott Lovell, signed the executive order last week.
The order forbids guns in city-run facilities and grounds, including recreation centers, parks, courts, playgrounds, and pools. It targeted legal gun owners.
“Even if you have a permit to carry, and you go on those premises, then you’ve got a problem with me,” Philadelphia County District Attorney Larry Krasner said when the order was issued.
The national gun-rights group Gun Owners of America, along with four other state residents, immediately filed for a permanent injunction to stop the enforcement of Philadelphia’s gun ban.
“Pennsylvania law is ‘crystal clear,’” the group argued in an amended complaint filed on Monday, “regulation of firearms is a matter of statewide concern, and must be undertaken by General Assembly.”
Further, they write, “Mayor James Kenney is not permitted to regulate firearms by executive fiat, as he attempts here.”
Philly is disappointed it can’t just ignore the Second Amendment by executive decree https://t.co/xRc4k7Drw6
— Daily Caller (@DailyCaller) October 4, 2022
Ban on Guns in Philadelphia Struck Down
Judge Joshua Roberts at the Philadelphia Court of Common Pleas, a Democrat, agreed with the gun-rights group that local governments do not have the authority to dictate such laws.
Roberts’ opinion, according to CNN, points to a state law known as the Uniform Firearms Act, which prohibits local governments from regulating possession of a firearm.
The judge contends that Philadelphia does not have the authority to go against state laws, as the city is “a creation of the state.”
He granted a permanent injunction against the executive order.
BREAKING: Less than a week after @PhillyMayor signed an executive order banning guns from recreation centers & areas in the city, a Philadelphia judge has GRANTED a “Permanent Injunction” against the order, after @GunOwners sued.
More at 4 on @NBCPhiladelphia–> pic.twitter.com/WtPntMAY4j
— Danny Freeman (@DannyEFreeman) October 3, 2022
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Mayor is Disappointed
The Philadelphia mayor’s office has not indicated if they will appeal the injunction against their executive order banning guns in recreation centers.
“We are reviewing today’s decision and are disappointed by the outcome, which as it stands prevents City employees from making the reasonable request that anyone with a firearm or deadly weapon leave a recreation facility,” a spokesperson for Kenney’s office said.
Kenney called for gun control in 2019 as a means to protect police officers, prompting an International Police Union Director to explain that “making laws has never stopped criminals.”
Philly Mayor Calls For Gun Control For Officer Protection — An International Police Union Director Disagrees https://t.co/YwW2oIQQeb
— Daily Caller (@DailyCaller) August 15, 2019
Following a shooting during Fourth of July celebrations in Philadelphia, Mayor James Kenney said he’ll be glad when he no longer has to serve the city’s residents.
“I’m waiting for something bad to happen all the time. So I’ll be happy when I’m not here, when I’m not mayor, and I can enjoy some stuff,” he said at the time.
Philly Mayor Jim Kenney: “I’ll be happy when I’m not here, when I’m not mayor and I can enjoy some stuff.”
Reporter: “You’re looking forward to not being mayor?”
Kenney: “Yeah.”
*laughs* pic.twitter.com/yMkX4HzMIi
— Townhall.com (@townhallcom) July 5, 2022
Gun Owners of America, following the victory over guns being banned in Philadelphia, issued a warning to anyone else trying to illegally implement such laws without following proper proecdure.
“We stopped Mayor Kenney in less than a week, and we will do the same to you,” Val Finnell, Pennsylvania Director of GOA, said in a statement.
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