On Tuesday, September 27, 2022, Mayor Jim Kenney (D-Philadelphia) signed an executive order banning the possession of firearms and other deadly weapons at city parks and recreation centers, something that even The Philadelphia Inquirer recognized as likely to draw a legal challenge.
It didn’t take long: on Monday, October 3rd, the executive order was tossed by a judge:
Judge bars Philadelphia from enforcing Mayor Jim Kenney’s ban on guns at rec centers and playgrounds
The lawsuit cited a Pennsylvania state law that prohibits the any city or county from passing gun-control measures stricter than state gun laws.
by Robert Moran | Monday, October 3, 2022
A Philadelphia Common Pleas Court judge on Monday blocked the city from enforcing an executive order Mayor Jim Kenney signed last week banning guns at recreation centers and playgrounds following the fatal shooting of a Parks and Recreation employee last month.
The Gun Owners of America, on behalf of several state residents, filed a lawsuit last Tuesday, the day Kenney signed his order. After hearing arguments Friday, Judge Joshua H. Roberts issued his ruling siding with the plaintiffs and ordering Philadelphia to be “permanently enjoined” from enforcing Kenney’s ban.
The lawsuit cited Pennsylvania state law that prohibits any city or county from passing gun-control measures. The preemption law, which the city has repeatedly sought to overturn, bans local government from passing gun-control measures that are stricter than state gun laws.
Andrew B. Austin, the attorney representing the plaintiffs, said in an emailed statement: “For my part, I am gratified that the Court of Common Pleas was able to so quickly resolve this suit, but that was in large part because the law is so explicit: The City is not allowed to regulate possession of firearms in any manner.”
There’s more at the original, and the pre-emption law is pretty clear and explicit.
The right to keep and bear arms is pretty explicit in our Constitution, and I support that without reservation. In this, I am going to ignore the constitutional and legal issues, but ask the obvious question: just what would Mr Kenney’s executive order have done were it allowed to go into effect?
A ban on the possession of firearms at city parks would probably be mostly obeyed by legal gun owners in the city. If someone has gone to the effort of obtaining a license to carry a firearm, he is pretty much a law-abiding citizen.
But the impetus for the Mayor’s order, the killing of Mill Creek Recreation Center worker Tiffany Fletcher by a stray bullet allegedly fired by 14-year-old Makie Jones, was not something that the executive order would have prevented had it been in place at the time. Young Mr Jones was using a “ghost gun,” a privately-manufactured weapon put together with spare parts and having no serial number, which had an extended magazine. Mr Jones supposedly saw some of his enemies, and a gun battle ensued:
The killing came after a shootout around 1 p.m. Friday between Jones and at least three other people near the rec center on the 4700 block of Brown Street, Chief Inspector Frank Vanore said Monday. Vanore said it was not clear what sparked the gunfire, but that investigators later recovered 12 fired cartridge casings at the scene — eight on one side of the street, and four on the other.
Does the Mayor seriously believe that a 14-year-old who was willing to obtain and carry a ghost gun with an extended magazine, and engage in a gun battle with his enemies would care about an executive order banning the carrying of firearms in a city park? Anyone with any sense at all — a definition which certainly excludes Mr Kenney — would know that someone like the alleged killer wouldn’t care at all about such a restriction, not that one would suspect young Mr Jones of having read the Inquirer to even know of its existence.
One question to which I have never received an answer is just how Mr Kenney thought his executive order could be enforced? Was he hoping that Police Commissioner Danielle Outlaw would have Philadelphia Police officers stationed at the rec centers, stopping and frisking everyone there for a weapon? I saw nothing like that in the media, though, to be fair, I could have missed it.
Back to the main article cited:
Kevin Lessard, a spokesperson for Kenney, said in an emailed statement: “We are reviewing today’s decision and are disappointed by the outcome, which as it stands prevents city employees from making the reasonable request that anyone with a firearm or deadly weapon leave a recreation facility. Since 2019, nearly 300 reported incidents of gun violence have occurred at city recreation facilities, in addition to dozens of other incidents of violence with a deadly weapon.”
OK, then: the mayor was apparently counting not on the police, but on unarmed city employees, employees like the late Tiffany Fletcher, to ask people spotted carrying firearms to leave. Has the Mayor forgotten assaults by three ‘unruly’ teenaged girls on July 21st, which led to vandalism, led the city to drain the pool and close it for the rest of the season. City Parks and Recreation said that the pool was closed due to concerns for the safety of staff and visitors, and that this pool, in the crime-ridden Kensington section, has had many problems, including multiple break-ins after hours. The Parks Department did not say that the staff had all just up and quit, or refused to work at that pool again, but the city has had a serious shortage of lifeguards for the pools, and opened only 50 of the 65 pools in the city. If the city had to close the McVeigh Recreation Center because three uncivilized, but apparently unarmed, brats were disruptive, and vandalized the place, just how can he expect unarmed staff to confront and ask to leave someone they believe is carrying a firearm?
This is a huge problem when it comes to the left: they just can’t seem to think things through! Anyone with any common sense ought to have realized that an enforcement incident, the way Mr Lessard described it, is too fraught with danger in a city like Killadelphia; it’s a way to get an unarmed staffer killed.