On October 10, the Pennsylvania Commonwealth Court ruled against Lower Merion Township, striking down a Democratic-led effort to regulate gun sales. The ordinance—a piece of legislation enacted by a legal authority—in question sought to block holders of federal firearms licenses from operating in residential neighborhoods. The court found Lower Merion Township’s effort violated state law, throwing out the piece of legislation.
The argument brought to the court was whether the township’s ordinance regulates zoning decisions, a decision that the township has full control over, or the sale of firearms altogether, a choice only the state can make. The court declared, “[The ordinance] regulates firearms, not zoning, and are thus preempted by Section 6120…of the Pennsylvania Uniform Firearms Act of 1995.” Section 6120, as mentioned in the ruling, reads, “No county, municipality, or township may in any manner regulate the lawful ownership, possession, transfer, or transportation of firearms…when carried or transported for purposes not prohibited by the laws of this Commonwealth.” Essentially, the court declared that our local government attempted to regulate firearms, not zoning laws.
The conflict stems from the relatively recent opening of Shot Tec, the only firearms business in LM. Shot Tec, located in Bala Cynwyd, focuses on “providing safe, effective instruction with…firearms and advanced simulators, plus live fire training,” according to their website. When they opened in July of 2022, Shot Tec was immediately met with immense backlash, with over three thousand residents signing an online petition condemning the shop. LM citizens claimed the shop was dangerously close to schools and homes, putting lives at risk. The Lower Merion Board of Commissioners heard these frustrations and sided with the backlash, unanimously passing an ordinance in April of 2023—less than a year after Shot Tec opened. The ordinance relegated these firearms businesses to spaces like strip malls and industrial use zones, as opposed to residential areas.
Many of those opposed to this business are parents of current or former students. They believe that the ordinance will only worsen any anxiety students carry with them, whether related to violence or not. “Anything that’s going to remind [students] that the world is even scarier than they think, like seeing a gun shop as they’re walking to school, I am against,” explained Linda Finklestein, a parent of a former LM student. Adam Hennessey, a parent of two children in LMSD, views the Shot Tec location as a questionable decision. He said, “Responsible gun ownership shouldn’t be an impulse buy, so I personally don’t see why such an establishment would need to be located in a walkable, residential area. To me, it seems the location choice was somewhat provocative on the part of the owner,” On the other hand, Grant Schmidt—founder of Shot Tec—claims that he and his company are “the solution to the problem… not the problem.”
Schmidt claims that he is “empower[ing] the Jewish community like rabbis and such that we know are going to be at these schools and synagogues,” referencing the many recent attacks all across America against the Jewish community. Both the Pennsylvania Commonwealth Court and Schmidt agree that firearms sellers cannot be singled out when it comes to zoning and safety regulations. The 2023 ordinance did allow for Schmidt to continue operating in Bala Cynwyd, but prevented him from opening a second location in his home; he later sued on these grounds. Josh Prince, Schmidt’s attorney, claimed municipalities cannot adopt any policy that deals with firearms specifically, the same argument supported in the decision of the court.
Although the Pennsylvania Commonwealth Court made their final decision, Lower Merion Township can appeal the ruling to the Pennsylvania Supreme Court, who would be required to hear the case. It would not be the first time an ordinance of this sort is brought to the Supreme Court, with a similar case heard in November of 2024. This case, argued by Pittsburgh officials over local gun ordinances, was struck down by the court. They decided that the city cannot enforce its own local firearms laws, such as bans on certain types of firearms or large-capacity magazines.
While this is a significant win for Schmidt and some members of the community, some residents feel the ruling could have broader implications for how our local government might operate in the future. “[The ruling] may lead to a more proactive approach to avoid similar situations in the future, either through referendums or other legal challenges,” stated Adam. This decision is one of many recent shifts in judicial decisions, both on a smaller scale here in Pennsylvania and nationally, with multiple recent landmark rulings by the US Supreme Court. This case was a setback for the township, also serving as a clear message to local governments across Pennsylvania.
