News Summary
The Pennsylvania Supreme Court has announced a delay in its ruling concerning the wait period imposed on gun buyers for background checks. While the court ruled that plaintiffs are not entitled to immediate relief, they can pursue declaratory relief. This decision returns the case to an intermediary court, leaving gun buyers uncertain about the ongoing background check process. Concurrently, legislative efforts are underway advocating for constitutional carry laws, amidst significant public and political debate over gun rights and safety measures in the state.
Pennsylvania — A significant delay has been announced regarding the Pennsylvania Supreme Court’s decision related to the background check wait period for gun buyers. On Friday, the court determined that the plaintiffs challenging the wait period are not entitled to immediate injunctive or mandamus relief, but they may pursue declaratory relief. This ruling sends the case back to a state intermediary court for further consideration, leaving gun buyers in limbo regarding the current background check procedures.
Pennsylvania law requires instantaneous background checks for individuals purchasing firearms. However, these checks have been subject to delays attributed to various staffing and administrative constraints within the system. The challenges in processing these checks have led to discontent among gun buyers and advocacy groups, prompting legal action to address the situation.
In a related legislative initiative, Representative Aaron Bernstine is advocating for “constitutional carry” legislation, which would permit law-abiding citizens to carry concealed firearms without needing a permit. His proposal presents a two-tiered system where the first level eliminates the requirement for a permit to carry concealed firearms. The second level allows for the option to obtain a License to Carry a Firearm (LTCF) that would be honored throughout Pennsylvania and other states.
Bernstine argues that the implementation of additional bureaucratic regulations on citizens who have passed background checks is both unjust and an infringement upon their constitutional rights. The push for constitutional carry follows a previous attempt that garnered support from both chambers of the General Assembly but was ultimately vetoed by former Governor Tom Wolf. The veto was influenced by concerns regarding domestic abuse and gun violence risks associated with more permissive gun laws.
The vetoed legislation met with opposition from various law enforcement organizations, including the Pennsylvania District Attorneys Association and the Pennsylvania Chiefs of Police Association, highlighting the ongoing debate surrounding gun control measures in the state.
Support for the notion that legal possession of firearms should not be hindered by unnecessary bureaucratic processes is echoed by Craig Storrs, the Executive Director of Pennsylvania Gun Rights. On the other hand, CeaseFire PA, a gun safety advocacy group, assigned an “F” rating to Representative Bernstine based on his legislative voting record pertaining to gun safety measures, indicating sharp divisions in opinion on such issues.
In a separate but noteworthy related development, Warren County District Attorney Rob Greene has initiated a lawsuit against federal authorities regarding the prohibition against gun ownership for medical marijuana cardholders. Greene contends that this restriction violates his Second Amendment rights. The federal government has labeled Greene’s case as “meritless” and is seeking its dismissal, citing legal precedents that enforce the separation of firearms and drug laws.
Gun ownership remains a contentious constitutional right in the United States, and public opinion reflects a notable divide concerning gun control measures. According to a Gallup survey conducted in 2023, only 31% of likely Republican voters expressed support for stricter gun laws, while an overwhelming 84% of likely Democratic voters favored such measures. These contrasting views reflect the complex landscape of gun legislation and regulation across the nation.
Within Pennsylvania, gun control laws are relatively strong, with the state receiving a grade of “B” from the Giffords Law Center. Nevertheless, the state recorded 1,941 firearm-related deaths in 2022, leading to a gun-death rate of approximately 14.7 per 100,000 individuals, which is among the lower averages in the United States.
The outcome of the Pennsylvania Supreme Court’s decision and ongoing legislative initiatives will continue to draw scrutiny as they shape the future of gun ownership and regulation in the state.
Deeper Dive: News & Info About This Topic
- Bloomberg Law: Pennsylvania Gun Buyers May See Background Check Times Shortened
- Wikipedia: Gun Politics in the United States
- PoliticsPA: Bernstine Proposes Constitutional Carry Legislation for PA
- Google Search: Pennsylvania Gun Ownership Laws
- WTAE: Pennsylvania District Attorney Suing to Allow Medical Marijuana Users to Buy Own Guns
- Encyclopedia Britannica: Gun Control
- Delco Times: Number of Gun Buy Checks and Denials Continue to Decline
- Google News: Pennsylvania Gun Laws
- 247 Wall St: How Pennsylvania’s Gun Laws Compare to the Rest of the Country
