fundamental reason these laws are illegal. The case against them grows from there . . .
The PA Uniform Firearms Code has a provision which forbids any lower political subdivision to enact their own gun laws:
18 Pa. Crim. Stat. §6120(a) -- "General rule. No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this commonwealth."
Philadelphia has been slapped down repeatedly for enacting its own gun laws. Since, as Jody quoted, the state constitution secures the citizen's right to arms, any regulation of guns is the sole domain of the state legislature. The PA Supreme Court said in 1996:
"Because the ownership of firearms is constitutionally protected, its regulation is a matter of statewide concern. The constitution does not provide that the right to bear arms shall not be questioned in any part of the commonwealth except Philadelphia and Pittsburgh, where it may be abridged at will, but that it shall not be questioned in any part of the commonwealth. Thus, regulation of firearms is a matter of concern in all of Pennsylvania, not merely in Philadelphia and Pittsburgh, and the General Assembly, not city councils, is the proper forum for the imposition of such regulation.” -- Ortiz v. Commonwealth
The real purpose of these laws is not to actually have these particular laws enforced; it is to have them challenged and have the issue brought back before the PA Supreme Court.
In Pennsylvania we elect our judges, even those that sit on the Supreme Court and with the Democrats overwhelmingly being swept into office in the last election (including in the judiciary) the hope of Philly's City Council and Mayor is that left leaning judges will re-interpret the constitution, overturn
Ortiz and "give" Philadelphia the power to enact its own laws.
The NRA's lawyer has pressed for the arrest of Mayor Nutter and City Council; the Uniform Firearms Code prohibition for cities is written into the criminal code right next to the hundreds of other offenses outlined in the UFC. The NRA lawyer's reasoning is the ratification of these bills and signing of these bills into law was a criminal offense. The DA said she has no intention of arresting them but the lawyer has said he will swear out a private criminal complaint.
The NRA did win the first round, an injunction was granted on April 17th, stopping the enforcement of these laws and any training / instruction of law enforcement on these laws. A hearing that was scheduled for this past Monday was rescheduled to May 19th to allow the city's legal team time to examine if they can challenge the NRA's standing in this matter.