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January 15, 2015 |
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U.S. Law Shield Sues City of Harrisburg for Violating
State Pre-Emption Laws |
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On January 13, U.S. Law Shield filed a lawsuit against the City of Harrisburg, Pennsylvania for the city’s now-illegal gun laws that went into effect on January 5, 2015.
“The capital city must follow the laws,” said attorney Justin J. McShane of The McShane Firm, who is the lead attorney in the lawsuit and lead U.S. 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.”
The suit is asking the courts to stop Harrisburg from enforcing various firearms ordinances, including a ban on possession of firearms in parks, allowing the mayor to prohibit public possession of weapons in a declared state of emergency, and requiring gun owners to report lost or stolen firearms to police.
U.S. Law Shield's lawsuit is the first filed under a new state law that gives gun owners and gun-rights groups a better chance at removing municipal firearms ordinances. The law, known as Act 192, expands a long-standing general rule in the statutes that state law preempts local law for gun regulations. Law-abiding gun owners are at risk for being prosecuted under the city’s ordinances.
Now, "membership organizations" like U.S. Law Shield can sue on behalf of any Pennsylvania member.
The lawsuit filed in Dauphin County court named the City of Harrisburg and various city officials as defendants.
City of Harrisburg Mayor Eric Papenfuse has publicly stated that the City will not repeal its illegal laws. Police Chief Tom Carter has also stated his officers regularly cite violators for violating now-illegal gun laws.
Another 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 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.”
To read more on the lawsuit:
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