Commonwealth Court must hear gun owners’ challenge over Pittsburgh ban

Paula Reed Ward | Wednesday, August 19, 2020 5:41 p.m.

The state Superior Court on Wednesday moved an appeal by a number of gun owners who sought to file private criminal complaints against Pittsburgh Mayor Bill Peduto and members of city council over their passage of new firearms legislation last year to the Commonwealth Court.

In a five-page opinion, the appellate court said that because the action was taken against Stephen A. Zappala Jr. in his official capacity as district attorney, that the matter must be heard in Commonwealth Court.

The legislation outlawing certain guns and accessories within the city of Pittsburgh was passed on April 9, 2019 — six months after the mass shooting at the Tree of Life synagogue in Squirrel Hill.

The legislation included an “extreme risk protection” ordinance, permitting courts to temporarily remove guns from a person deemed to be a public threat and impose penalties on an adult who allows a child to access a gun illegally.

Three days after the legislation was passed, a group of citizens sought to file the private complaints against the mayor and counsel alleging that the new laws constituted official oppression.

However, Zappala refused to accept them.

The citizens challenged that in Common Pleas Court, arguing that Zappala was required to do so, and by not accepting them he was violating his responsibilities as a government official.

In October 2019, Common Pleas Judge Joseph James entered an order granting Zappala’s preliminary objections and dismissed the action with prejudice, meaning it could not be refiled.

The citizens filed an appeal to the state Superior Court.