York City Council approves ordinance banning machine‑gun conversion devices despite legal challenges

The York City Council on Sept. 2 voted to adopt an amendment to Article 702 of the York City Code banning possession, manufacture, transfer and use of so‑called rapid‑fire conversion devices such as binary triggers, bump stocks and other parts that convert a semiautomatic handgun to functionally automatic fire.

Supporters and city police officials told the council the devices multiply the lethality of firearms and have been recovered more often in recent years; opponents and gun‑rights advocates said the ordinance conflicts with state preemption and constitutional protections and warned of costly litigation.

Adam Garber, senior organizer with Ceasefire PA, told council the devices "allow someone to rapidly spew bullets into a community and outgun our even our own law enforcement officers here in York." He said such devices are inexpensive and widely available, and cited an incident in Brackenridge in which an attacker used a conversion device in an attack in which Chief Justin McIntyre was killed.

York City Police Commissioner Maldrow said he supports local action. "I've done this too long," Maldrow said. "...When I look at young officers that suit up and come to work, we literally are in a culture where ... there—s no need to leave our neighbors ... laying on the sidewalk, torn to shreds by gunfire. There's no need for that." Maldrow urged the council to act to reduce the risk officers and residents face.

Opponents urged the council to reject the ordinance, citing Pennsylvania state preemption law and recent court decisions. Grant Clarkson, introduced himself as "Pennsylvania state deputy director for governors of America," called the proposal "blatantly unconstitutional" and said state statutes and court rulings prevent municipalities from regulating lawful possession or components of firearms. Clarkson referenced Title 18, Pennsylvania Consolidated Statutes —6120 and Pennsylvania constitutional protections as legal obstacles.

Public commenters provided mixed testimony. Several city residents and community leaders, including Pastor Randall Zylor and David Klein, urged the council to approve the ordinance, saying the devices are easy to obtain and multiply threat levels. Others — including speakers who identified themselves as longtime residents and people with law enforcement or legal backgrounds — argued the ordinance would be ineffective against criminals, that many devices are obtained out of state or via 3D printing, and that municipal action could invite expensive litigation and inconsistent enforcement across jurisdictions.

The council moved and seconded final passage of bill 23. The roll call in council chambers showed four votes in favor and one opposed; the ordinance passed. Council members who voted in favor recorded their votes as "Yes." One member recorded "No." The motion carried and the ordinance becomes part of the city code subject to any legal challenges.

Council President Katrina Washington thanked speakers on both sides and acknowledged the divisive and complex legal questions raised during public comment. The council did not resolve the open legal questions at the meeting; several public commenters warned that litigation could follow and urged the council to weigh potential costs.

By a narrow margin the council approved the new Article 702 provisions; the city solicitor and administration did not provide a legal risk estimate during the meeting. Several attendees asked the council to publish any legal analysis prepared for the ordinance and to brief the public on anticipated enforcement practices.

Ending

The ordinance passed at the Sept. 2 meeting will be added to the York City Code and will remain subject to legal challenge. Council members, police leadership and community advocates signaled the matter will likely continue to draw public comment and potential court review in the coming months.