City vs state laws

I keep searching for these answers, i believe I’ve asked here before.
Understand the state has more power in making fun law vs the federal… but do city laws out real state law. To my knowledge the city should not out track the state.
Take PA, Philadelphia and Pittsburgh have strict gun laws. What are my rights with a C&C permit?

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Not a lawyer but I think that mostly depends on whether or not the State has a State Preemption firearm law. If they do then local ordinances would have little to no authority over and above State laws. Otherwise local jurisdictions are likely free to pass their own regulations within the bounds of the State’s and US’ Constitution.

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PREEMPTION?

Does Pennsylvania have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)? Yes. The authority to regulate firearms is reserved to the state, except local municipalities may regulate the discharge of firearms within the cities boundaries. This has been reinforced by the Allegheny Court of Common Pleas decision against the City of Pittsburgh in Anderson v. City of Pittsburgh. The court found that Pittsburgh’s attempt to impose local gun control measures was a clear violation of state preemption law.

Pennsylvania Concealed Carry Gun Laws | USCCA CCW Reciprocity Map(Last Updated 05/19/2021) (usconcealedcarry.com)

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I think yours is a great question. Initially, I too wondered about this a lot, wanting to follow the rules. Especially, if studying the laws is not in one’s habit, or are new to firearm use. So many laws on the books, Federal, State, County, and City.

It can be confusing. Others or attorneys will chime in. To me, not following any law, is to do so at one’s own peril.

The way I look at it is, in one specific example, I might not be in violation of the state law, but I could be in violation of a County or City law, and in doing so, I may not face State charges and state penalties, but do I want to face County or City penalties?; No way. All penalties are bad.

Some legal examples are magazine capacity, laser sights, suppressors. I may not like em, but what am I doing to help change them other than just cry or complain about them.

I am guarded against the notion of one law trumping another. I’d be very careful with that.

I used to be more mindful of when I left city or county boundaries, and feel a sigh of relief. But, it became a headache, so I just act in compliance with my local more strict laws, even when I venture past the invisible line, so that I don’t even need to trouble myself.

Then again, I’m fortunate that even at my micro city level, I’m allowed to CCW. Best regards in your educating yourself. :nerd_face:

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I was reading about the Allegheney county case… which i assume sets a president for other PA city laws.
They may be able to detain you but I think they would be not hard to beat but I also don’t want to pay any fines.

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There SHOULD be ONLY ONE LAW, “CONSTITUTIONAL CARRY” Nationwide, NO permits, NO reciprocity, for EVERYONE that can LEGALLY possess firearms, and regardless of residency, statelines not applicable. We are ONE America.

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In Utah that was a problem, Salt Lake City is the Liberal bastion of the state so they tried to put stupid restrictions in place. The new governor took care of that post haste:

76-10-500 Uniform law.
(1) As used in this section:
(a) “Directive” means the same as that term is defined in Section 78B-6-2301.
(b) “Firearm” means the same as that term is defined in Section 53-5a-102.
(c) “Local or state governmental entity” means the same as that term is defined in Section
78B-6-2301.
(2) The individual right to keep and bear arms being a constitutionally protected right under
Article I, Section 6, of the Utah Constitution and the Second Amendment to the United States
Constitution, the Legislature finds the need to provide uniform civil and criminal laws throughout
the state and declares that the Legislature occupies the whole field of state regulation of
firearms.
(3) Except as specifically provided by state law, a local or state governmental entity may not:
(a) prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting,
or keeping any firearm at the individual’s place of residence, property, business, or in any
vehicle lawfully in the individual’s possession or lawfully under the individual’s control; or
(b) require an individual to have a permit or license to purchase, own, possess, transport, or keep
a firearm.
(4) This part is uniformly applicable throughout this state and in all the state’s political subdivisions.
(5) Authority to regulate firearms is reserved to the state except where the Legislature specifically
delegates responsibility to local or state governmental entities.
(6) Unless specifically authorized by the Legislature by statute, a local or state governmental entity
may not enact or enforce a directive pertaining to firearms that in any way inhibits or restricts
the possession, ownership, purchase, sale, transfer, transport, or use of firearms on either
public or private property.
(7) This part does not restrict or expand private property rights.
(8) A violation of this section is subject to Title 78B, Chapter 6, Part 23, Firearm Preemption
Enforcement Act.

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Thank God that I live in Texas.

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Indiana may be fubar in a lot of ways…our gun laws rock.

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We can carry on bars and malls in PA but i don’t think you can in Texas.

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In Texas we cannot carry in an establishment that has a “51%” sign. Their income from alcohol exceeds 51% of the total. As far as malls are concerned, it is up to the owners to allow concealed or open or constitutional carry.

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