PA Bill Number: HB829
Title: In preliminary provisions, further providing for definitions;
Description: An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in preliminary provisions, further providing for definitions;
Last Action: Signed in House
Last Action Date: Jul 3, 2024
City Council gives tentative approval of gun-control bills in wake of Tree of Life shooting :: 03/30/2019
Pittsburgh City Council on Wednesday tentatively approved three gun-control bills that would ban the use of assault-style weapons and accessories in public places in the wake of October’s Tree of Life massacre in Squirrel Hill.
The measures, approved 6-3, also would allow the courts to remove firearms from those who pose an “extreme risk” to themselves or others.
Voting in favor, council President Bruce Kraus called the vote a matter of “moral courage.”
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Council members Anthony Coghill, Darlene Harris and Theresa Kail-Smith voted “no,” expressing concerns about a state preemption law prohibiting municipalities from regulating firearms at the local level.
“This is something that the state should be voting on, not council,” Ms. Harris said after the meeting. “If we do a resolution and ask the state to do this, that’s different.”
A legal challenge would be no surprise. Kim Stolfer, president of the local gun-rights advocacy group Firearms Owners Against Crime who has threatened litigation if the bills are passed, referred inquiries on the vote to his lawyer Joshua Prince, who could not be reached Wednesday.
Councilwoman Erika Strassburger and Councilman Corey O’Connor, whose districts encompass portions of Squirrel Hill, and Mayor Bill Peduto’s office introduced the three bills in December, just seven weeks after the synagogue shooting.
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Authorities said the Tree of Life gunman used an AR-15 rifle, an assault-style weapon, in the attack that killed 11 and wounded seven.
The city’s gun-control measures originally targeted a ban on certain assault-style weapons and accessories within city limits, but the bills were amended March 20 to focus on “use” of such firearms instead of possession. Under the amendments, a ban would go into effect in the city only if the state legislature or the courts allow local regulation.
Prohibited activities could include loading or attempting to discharge any of the 37 semi-automatic weapons outlined in the proposed bills, as well as a number of other actions. Using armor and metal-penetrating ammunition, large capacity magazines, accessories designed to accelerate the rate of fire would also be illegal.
In the bill’s language, armor or metal penetrating ammunition is defined as “any ammunition, except a shotgun shell, that is designed primarily to penetrate a body vest or a body shield.”
An existing city ordinance already bans the discharge of “any firearm or air gun anywhere within the city, except under proper supervision at duly established target ranges.”
As she voiced her opposition, Ms. Kail-Smith cited concern that African-Americans would be disproportionately affected by the laws’ enforcement, though she did not provide details.
“You want to know why people feel like their lives don’t matter? We do things like this. We’re waiting [until] the first time there was a mass murder in a predominantly white community and we make sure we put in legislation to ban guns, and meanwhile people are being killed every week in this city,” she said at the council table.
Tim Stevens, CEO of the Pittsburgh-based Black Political Empowerment Project, said he “applauds” the bills in public comment before the meeting.
“I appreciate her sensitivity on that,” Mr. Stevens said of Ms. Kail-Smith’s concerns. “Obviously as a civil rights activist of decades, we don’t have to have a negative impact, but we also don’t want to have a presence of these assault weapons.”
Gun-rights advocates and critics of the proposed ordinances have threatened lawsuits, often noting state preemption of local gun laws.
“This vote was disappointing, although it was completely expected,” said Walter Gibson, 43, of North Versailles, who appeared to be the only gun-rights advocate who attended Wednesday’s council standing committee. “Several members have expressed their desire to have a conversation about gun violence but given every opportunity to do so, most of them refused. They were planning to do this regardless of any public input or even the legality of their actions.”
Mr. Gibson joined hundreds of protesters in January — openly and legally carrying firearms — on the steps of city hall. He also participated in a special fact-finding meeting held by Ms. Harris in February, in which she hosted six opponents of the laws — a move criticized by fellow council members and the mayor.
A fourth bill attached to the package — the "STOP the Violence" initiative aimed at convening community stakeholders on local policing practices — was also tentatively approved Wednesday.
Councilmen Ricky Burgess and Daniel Lavelle introduced the initiative in December. Ms. Kail-Smith is a co-sponsor.
“Although Jonny Gammage happened in another municipality, it was Pittsburgh that got the Citizen Police Review Board. Antwon Rose happened in another municipality, but the marching occurred in my district, in East Liberty, in Shadyside and Downtown,” Rev. Burgess said. “We must lead the way. … It only works if we do this together because every single life is important.”
Council will take a final vote on the legislation Tuesday.
Ashley Murray: amurray@post-gazette.com or 412-263-1750.
First Published March 27, 2019, 11:57am
