City of Harrisburg Sued Over its Illegal Gun Laws

Next Court Actions

The Merits Case:

On May 27, 2015, Judge Andrew Dowling has denied the City’s preliminary objections and has set the following schedule for the merits case:

  1. Responses, supported by supplemental breifs if deemed necessary, shall be filed on or before August 18, 2015.
  2. Oral argument shall be held on September 9, 2015, at 9:30 am, in Court Room #5, 3rd Floor, Dauphin County Courthouse.

The City’s Appeal to the Commonwealth Court regarding the Preliminary Injunctions Issued by Judge Dowling:

The City filed yet another motion to stay the proceedings. This time it was with the Commonwealth Court. It was promptly denied.

All briefs have been filed and one amicus brief was received. We now await an assignment of a panel to determine whether or not oral argument will occur. Then, we await the decision of the Commonwealth Court.

The appellate docket can be read here: 449 CD 2015

 

A Brief Background of the case:

In January 2015, U.S. Law Shield filed suit against Harrisburg for municipal gun laws which are in violation of state law.

Since 1974, the State Legislature has laws in place which forbid local governments from enacting laws and ordinances regulating in any manner firearms and ammunition. Much like traffic laws, the regulation of firearms is reserved for the state. Therefore, various municipal laws, passed by the City of Harrisburg are illegal.

U.S. Law shield, an organization which educates gun owners about gun safety and regulations, has filed suit against the City over these laws.

The lead plaintiff is retired 22-year member of the Pennsylvania State Police Corporal Todd Hoover. “As a veteran, and as a member of the Pennsylvania State Police, I took an oath to uphold the laws and the Constitution. Now I am retired and as a safe firearms instructor, and as a citizen, I still believe in upholding the law. The law is clear and what Harrisburg continues to do in thumbing its nose to the law is illegal and wrong. I won’t stand for it.”

“The capital city must follow the laws that that capital passes,” said Attorney Justin J. McShane of The McShane Firm who is the lead attorney in the lawsuit and is the US Law Shield of Pennsylvania Program Attorney. “Responsible gun owners follow the law. It is time for Harrisburg to learn that it is not above the law.”

Harrisburg City Ordinances

The court filings to date:

Injunction granted:

February 25, 2015
Today, Judge Dowling issued an opinion ultimately granting U.S. Law Shield’s Motion for Preliminary Injunction with respect to three of the five contested ordinances. The Court additionally declined to stay the proceedings, which means the litigation will continue.

Follow the media coverage of this story:

Media Coverage of This Important Development

May 06, 2015

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Harrisburg loses appeal to stay lawsuit challenging city’s gun laws

May 01, 2015

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Harrisburg ordered to hand over names, addresses of donors to legal defense fund for gun lawsuits

April 27, 2015

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Gun ordinances in the crosshairs

March 31, 2015

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Harrisburg asks higher court to review judge’s ruling that struck down three of its gun ordinances

February 26, 2015

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Judge tosses three Harrisburg gun ordinances
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PA capital warned of steep legal fees for gun law defense
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Mike Giaramita: Harrisburg, PA Ordered to Stop Enforcing Local Gun Control Ordinances
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Should Harrisburg repeal or keep its local gun ordinances? A PennLive poll
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Judge Suspends City Gun Laws
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Judge orders Harrisburg to stop enforcing 3 gun ordinances
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Harrisburg mayor considers statute in gun lawsuit a ‘split opinion’
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Judge blocks Harrisburg gun laws as three cities take aim at new Pa. law

February 25, 2015

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Judge blocks Harrisburg from enforcing 3 gun laws
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Judge grants injunction against Harrisburg gun ordinances
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Judge blocks 3 of Harrisburg’s gun laws; mayor calls it “incomprehensible”

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Judge grants halt on three of Harrisburg’s five gun ordinances
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Harrisburg mayor considers ruling in gun lawsuit a ‘split opinion’
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Dauphin County judge strikes down three of Harrisburg’s gun ordinances
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Judge strikes down three gun restrictions in Harrisburg
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February 12, 2015

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Mike Giaramita: Firearms Preemption Lawsuit in Harrisburg, Pennsylvania
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When it comes to guns, it’s time for Papenfuse and City Council to follow the law: Justin J. McShane

February 09, 2015

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February 08, 2015

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Outdoor Show opens in Harrisburg; Gun ordinances a focus for many

February 07, 2015

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Harrisburg responds to gun law challenge; court hearing Friday

February 06, 2015

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No decision yet in Harrisburg gun lawsuit
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Cities repealing overreaching gun laws across Pennsylvania

February 05, 2015

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Attorneys suing over Harrisburg gun laws offer ‘no legal fee’ deal
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Attorneys offer deal regarding Harrisburg gun laws

February 04, 2015

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Local attorneys, Harrisburg set to face off in court over gun ordinances

February 03, 2015

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City of Harrisburg defends against attempt to suspend city’s gun laws

January 31, 2015

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Pennsylvania Law Allows NRA To Sue Cities Over Gun Rules

January 22, 2015

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Harrisburg sued over gun laws

January 14, 2015

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Gun Advocates Sue Harrisburg, Using New Law

January 13, 2015

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Harrisburg’s gun laws: Too much, or not strong enough?
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US Law Shield Sues City of Harrisburg Over its Gun Laws
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Gun owners’ organization sues Harrisburg
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Gun-rights group suing Harrisburg over gun laws
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