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
DA Zappala: Pittsburgh City Council does not have authority to pass gun legislation restricting some types of weapons :: 01/15/2019
PITTSBURGH —City Council does not have authority to pass legislation that would restrict certain types of guns in Pittsburgh, according to Allegheny County District Attorney Stephen Zappala.
In a letter addressed to City Councilman Corey O'Connor, dated Jan. 9, Zappala wrote the following:
"I greatly appreciate you forwarding me the proposed legislation, referenced above. As the District Attorney of Allegheny County for the past 20 years, I understand the efforts to curtail gun violence and limit the accessibility to assault weapons, ammunition, and gun accessories capable of causing widespread injury, destruction, and death. I am also aware of the city's effort previously under Mayor Ravenstahl which was decided against the city in 2010. While I certainly see the desire for such type of legislation at the state and federal levels, I believe that City Council does not have the authority to pass such legislation."
Zappala went on to cite several cases connected to firearm owners in Pennsylvania.
"It's been pre-empted. The state has to act on it. There is no local authority," Zappala said Tuesday.
He added that the legislation currently before council would be found unconstitutional if it were to be passed, saying that the legislative effort needs to come from the General Assembly of the commonwealth of Pennsylvania.
"They just don't have the ability to do this," Zappala said. "They should get the votes in Harrisburg if they can, and that's where the action has to take place."
Mayor Bill Peduto reacted to Zappala's letter with a jab.
"If he wants to be city solicitor, he has to move into the city and apply, and I'd consider his resume," Peduto said. "Otherwise, he should be a district attorney."
