Philadelphia outlaws bump stocks days after Supreme Court rejects federal ban
The local ban, which takes effect immediately and bars anyone from manufacturing or buying the devices in Philadelphia, is almost certain to be challenged in court.
Philadelphia Mayor Cherelle L. Parker on Tuesday signed legislation outlawing rapid-fire gun devices just days after the Supreme Court overturned a federal ban on so-called bump stocks and the same day Senate Democrats tried unsuccessfully to again prohibit them nationwide.
The local ban takes effect immediately and bars anyone in Philadelphia from manufacturing or buying devices that are designed to accelerate how fast a semi-automatic gun can fire. That includes bump stocks, which are meant for rifles, and “switches,” which can be attached to handguns.
Bump stocks, in addition to now being legal at the federal level, are allowed under Pennsylvania state law, and the Democratic-controlled state House narrowly defeated a bill to ban them in May. Switches are illegal under federal law, but that could face a challenge following the Supreme Court’s ruling.
Parker, who signed the local ban Tuesday during a ceremony at City Hall, said that while the rate of shootings is declining in the city, her administration “will not rest.”
“When we have devices floating around Philadelphia like these so called switch devices, which can turn a handgun into a machine gun, there is no time to rest and or to slow down,” she said.
The legislation is almost certain to be challenged in court. Under state law, Philadelphia is generally prohibited from enacting gun regulations that are stricter than what state lawmakers have implemented.
However, in February, an appeals court upheld a 2021 city ordinance prohibiting the manufacturing of ghost guns in the city, saying it didn’t regulate firearms, but merely prohibited the conversion of some parts into guns.
Councilmember Curtis Jones Jr., the prime sponsor of the legislation, said the city is prepared for a challenge.
“We have plenty of lawyers,” he said.
» READ MORE: Why is it so hard for Philly to pass its own gun laws?
The signing comes as the devices were thrust back into the national conversation about firearms following the Supreme Court’s divided decision Friday striking down a federal ban. The regulation was implemented by the Bureau of Alcohol, Tobacco, Firearms and Explosives under former President Donald Trump after a 2017 mass shooting in Las Vegas that left 60 people dead and hundreds wounded.
In the court’s majority opinion, Justice Clarence Thomas wrote that while a rifle outfitted with a bump stock can fire at a speed rivaling automatic weapons — which are illegal for civilians to possess — it is “not a ‘machine gun’ because it cannot fire more than one shot ‘by a single function of the trigger.’”
Following the court’s decision, Senate Majority Leader Chuck Schumer (D., N.Y.) announced he would bring legislation banning bump stocks up for a vote, saying it would return the country to the status quo set under Trump, a Republican.
That effort failed Tuesday after Senate Republicans blocked a vote on the bill.
Parker signed two other significant pieces of legislation Tuesday. One authorizes the installation of speed-enforcement cameras along the length of Broad Street. The second regulates security contractors who work in the city’s privatized eviction system.