Pennsylvania Supreme Court Affirms Commonwealth Court’s Decision in Leach V. Commonwealth Declaring Act 192 Unconstitutional – Municipal Law Update
Pennsylvania Supreme Court Affirms Commonwealth Court’s Decision in Leach V. Commonwealth Declaring Act 192 Unconstitutional
On June 20, 2016, the Pennsylvania Supreme Court affirmed the Pennsylvania Commonwealth Court’s decision in Leach v. Commonwealth, NO. 61 MAP 2015, holding Act 192 of 2014 to be unconstitutional and violative of the single-subject rule of Article III, Section 3 of the Pennsylvania Constitution. Act 192 would have granted membership organizations legal standing to bring an action against a municipality on behalf of an individual who was “adversely affected” by local gun-control laws.
On June 25, 2015, the Commonwealth Court of Pennsylvania struck down Act 192, which granted gun advocacy organizations standing to challenge municipal ordinances regulating the possession of firearms. The Act also required the payment of attorneys’ fees by municipalities to prevailing parties.