Philly judge dismisses lawsuit challenging city’s ban on rapid-fire gun switches and bump stocks.
A judge in Philadelphia has dismissed a lawsuit challenging the city’s ban on rapid-fire gun devices, including “bump stocks” and “switches.” The ruling, issued by Common Pleas Court Judge Caroline Turner, marks a significant development in the city’s ongoing efforts to address gun violence. The brief order, which contained no detailed explanation, rejected a complaint filed in July 2024 by local residents Vern Lei and Ross Gilson, who claimed that the ordinance instituted by Mayor Cherelle L. Parker infringed upon their rights to bear arms as guaranteed by the Pennsylvania Constitution.
The ordinance, which received unanimous approval from the City Council, bars residents from manufacturing or purchasing devices that enhance the firing speed of semiautomatic firearms. The restriction targets both bump stocks, primarily used with rifles, and switches, which can be affixed to handguns. Law enforcement authorities have connected such devices to recent violent incidents in the city, including a shooting on July 7 that resulted in the deaths of three individuals and injuries to nine others in Grays Ferry, as well as a Memorial Day incident in Lemon Hill that left two dead and nine wounded.
Mayor Parker expressed her support for the ruling, articulating her commitment to promoting safer streets and reducing gun violence in Philadelphia. Her statement underscored the detrimental impact that switch devices have had on community safety and her determination to eliminate them from circulation.
Following the dismissal, attorneys Andrew B. Austin and Daniel J. Auerbach representing Lei and Gilson promptly initiated an appeal to the Commonwealth Court of Pennsylvania. They emphasized their confidence in reversing the decision, citing prior judicial interpretations indicating that cities lack the authority to impose restrictions on gun ownership beyond state regulations.
Importantly, this lawsuit follows a history of failed attempts by Philadelphia to enact stringent gun control measures. The city has previously sought to establish its own regulations, including bans on assault weapons and limitations on firearms in public spaces; however, many of these efforts have been thwarted by court rulings affirming the state law prohibiting municipal restrictions on gun ownership rights.
The Pennsylvania Constitution explicitly guarantees the right to bear arms while state “preemption” laws prevent local governments from enacting gun regulations that conflict with state statutes. The recent ruling occurs in the context of broader national discussions surrounding gun control, especially following significant incidents of gun violence, including the tragic mass shooting in Las Vegas in 2017, which prompted a federal ban on bump stocks that the Supreme Court later invalidated just days before Philadelphia’s recent ordinance was signed. Such developments continue to fuel the contentious debate surrounding the balance between public safety and Second Amendment rights in the United States.
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