All AG Opinions
AG Op. 2024-PA-05pennsylvania

State Preemption of Local Firearm Regulations

Attorney General Michelle HenryFebruary 20, 2024
preemptionfirearmslocal governmentstate law

This opinion from the Pennsylvania Attorney General addresses the scope of state preemption of local firearms regulations under Pennsylvania's Uniform Firearms Act. It examines whether municipalities may enact ordinances restricting firearms possession or carrying that are more restrictive than state law.

The opinion analyzes the preemption statute's plain text, legislative history, and judicial interpretations, including the Pennsylvania Supreme Court's treatment of local ordinances in prior cases. It discusses the distinction between regulations that conflict with state law and those that supplement it.

The opinion concludes that the preemption statute broadly prohibits local regulation of firearms ownership, possession, transfer, and transportation, while identifying narrow areas such as zoning for firearms dealers and discharge ordinances where limited local authority may be preserved.

Disclaimer: This is a summary of an Attorney General opinion provided for informational purposes. AG opinions represent the legal interpretation of the issuing office and do not constitute binding judicial precedent. Consult a qualified attorney for legal advice.