Late last night, the City of Harrisburg filed a petition for allocatur with the Pennsylvania Supreme Court seeking review of the Commonwealth Court’s en banc decision in FOAC, et al v. City of Harrisburg, et al., where the court held that one does not have to violate the law in order to have standing to challenge it. In fact, the Commonwealth Court, in overturning prior precedent, declared:
Our precedent in NRA/Pittsburgh and NRA/Philadelphia is untenable and must be overruled because it affords greater access to the courts to challenge the facial constitutionality of ordinances to scofflaws than to law-abiding citizens. It makes little sense to wait for Appellants to break the law, which we presume they do not want to do, before they can challenge it. It also makes little sense to force law-abiding citizens to rely on law breakers to advocate their interests.
At this point, FOAC, et al. have 14 days to file a response to the petition and thereafter, the Court will decide whether or not to hear the case.
If you are in a position to be able to support this matter, FOAC would greatly appreciate donations, which can be made online through the Firm’s escrow account here – https://secure.lawpay.com/pages/princelaw/trust. Simply place “FOAC Harrisburg Preemption Litigation” in the reference box.
If you or someone you know has been the victim of an unlawful municipal firearm or ammunition regulation or ordinance, contact FICG today to discuss your options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.