Lower Merion Township’s Preliminary Objections in Relation to its Unlawful Firearm Ordinance are DENIED

Today, the Honorable Steven Tolliver of the Montgomery County Court of Common Pleas issued a decision and order denying Lower Merion Township’s Preliminary Objections requesting that the complaint filed by Firearm Owners Against Crime (FOAC) and other plaintiffs be dismissed.

In so ruling, Judge Tolliver not only found that the individual plaintiffs sufficiently averred standing to challenge Lower Merion Township’s Ordinance 109-16 (regulating firearms in township parks) but also found that FOAC had established standing on behalf of its members. Judge Tolliver also found that Plaintiffs had sufficiently averred a right to relief.

Lower Merion Township now has 20 days to file an Answer to the Complaint and the action will proceed thereafter. Also, a hearing on Plaintiffs’ Motion for a Preliminary Injunction is scheduled for August 24th.

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3 Comments

Filed under Firearms Law, Pennsylvania Firearms Law

3 responses to “Lower Merion Township’s Preliminary Objections in Relation to its Unlawful Firearm Ordinance are DENIED

  1. SWIFT

    Good G-d! Rome was built quicker. Come to think of it; so was the whole Earth.

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  2. G

    Am I wrong or didn’t the state just rule a weeks ago that private citizens can NOT sue cities or townships regarding anything for 2nd Amendment rights. I actually called lower Merion. They seem to think they are in the right which I explained they are NOT. After that state ruling I am not sure what will happen with LM and Harrisburg cases? Anyone know if this?
    Thanks

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    • That is not what the Commonwealth Court held. Since 1974, it has been a misdemeanor of the first degree for any municipality to any manner, inter alia, regulate the possession and transport of firearms and ammunition. The Commonwealth Court merely struck down a recent amendment which provided for attorney fees and costs to a successful litigant, as well as some heightened standing provisions. As Judge Tolliven ruled that we established standing under pre-amendment Section 6120, the case will proceed against Lower Merion, as will our case against Harrisburg.

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