On Monday, a judge in Philadelphia blocked Mayor Jim Kenney’s (D) ban on guns at city recreational facilities. The injunction was issued less than a week after Kenney signed an Executive Order putting the ban in effect.
An attorney for the organization Gun Owners of America filed a lawsuit claiming that Pennsylvania law states that local municipalities cannot regulate the lawful possession of firearms, 6 ABC Action News reported.
Judge Joshua Roberts of the Philadelphia Court of Common Pleas declared that Kenney’s order violated the Uniform Firearms Act.
"No municipality – including Philadelphia – may regulate the lawful possession of firearms in any manner," GOA attorney Andrew Austin said after the ruling. "Obviously, the city doesn't care about the law or concrete legal precedent affirming it, and since there are no consequences for them, they will continue to try to ram through illegal rules to the detriment of their own citizens."
The mayor’s office said in a statement to 6 ABC Action News that they are “disappointed” by the judge’s decision.
"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. Since 2019, nearly 300 reported incidents of gun violence have occurred at City recreation facilities, in addition to dozens of other incidents of violence with a deadly weapon.
"The Mayor's Executive Order was intended to prevent the senseless violence that is interfering with the safety of children, families and staff in what must be safe places."
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In a press release issued Sept. 27, Kenney’s office wrote that there have been nearly 300 incidents of gun violence at recreational center buildings, courts, fields, playgrounds and pools. A recent incident killed Tiffany Fletcher, a Philadelphia Parks and Recreation (PPR) employee at one of the city’s playgrounds.
“Banning guns from indoor and outdoor recreational facilities throughout our city is a critical step to protecting our public spaces and preventing the senseless violence that claimed Tiffany Fletcher’s life,” Kenney said in a statement about the order.
Philadelphia Magazine pointed out that license-to-carry applications have “skyrocketed” in the city over the past year as carjackings, shootings and other crimes have increased.
From 2017 through 2020, the number of license-to-carry applications in Philadelphia held about steady, ranging between 11,049 and 11,814 applications each year. But in 2021, 70,789 people applied for licenses to carry guns.
Philadelphia Mag noted that the data has seen a surge in “non-traditional” gun owners, like women, who want to carry. In addition, the city is seeing more instances of citizens using concealed weapons to stop crimes.
In February, federal prosecutors brought charges against two alleged carjackers who were shot by a Lyft driver when they tried to steal his vehicle at gunpoint. The Lyft driver was licensed to carry a firearm.
The two carjackers allegedly rear-ended the Lyft driver in the middle of the day in west Philadelphia while he was transporting a passenger. When the driver exited the vehicle to check the damage, one of the carjackers armed with a shotgun attempted to take the driver's car. As the car was being taken, the Lyft driver reportedly used his concealed carry gun to shoot the carjacker. The second suspect allegedly threatened to run the Lyft driver over with his car. The Lyft driver reportedly shot him in the chest, according to Fox 29. Both suspects sought medical attention. The Lyft driver was unharmed.
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