Late yesterday, Pennsylvania State Police Commissioner Christopher Paris filed a motion requesting that the monumental Suarez decision be stayed pending appeal to the Third Circuit. Specifically, while baldly asserting that the absence of a stay “will jeopardize officer safety, complicate hundreds of prosecutions, and provide more opportunities for criminals to steal firearms from vehicles,” the motion lacks any supporting exhibits or declarations and last I checked, even if Commissioner could prove his contentions, the Constitution does bend to such.
Regardless, the Commissioner has a very high bar to meet for a stay. As the U.S. Supreme Court has declared, the Commissioner will have to:
(1) make a strong showing that he is likely to succeed on the merits;
(2) show that he will be irreparably injured absent a stay;
(3) address whether the issuance of a stay will substantially injure the other parties interested in the proceeding; and
(4) address where the public interest lies.
On the first prong alone, as Judge Conner already found that the vehicle provision of Section 6106 was unconstitutional, the Commissioner is going to have a very difficult time convincing Judge Conner that he is likely to succeed on the merits. Moreover, beyond the public interest never lying in support of constitutional violations, the issuance of a stay would substantially injure the residents of the Commonwealth, as their constitutional right would be impeded. Perhaps even more damning for the Commissioner is that the Third Circuit considers it an “extraordinary remedy” and is loathed to grant a stay where the actual effect would be a “summary reversal” of the district court.
Pursuant to the Middle District of Pennsylvania’s Local Rule 7.5, Commissioner Paris has 14 days to file a brief in support and we then have 14 days, pursuant to Local Rule 7.6, to file a brief in opposition. We will keep everyone apprised as to the denial/grant of the requested stay.
If your state or federal constitutional rights have been violated, 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.
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
View all posts by Joshua Prince, Esq.
Prince Law Offices Blog 
Was the stay granted?
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No decision has been rendered yet.
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If
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As of right now (Not sure if there has been any update on the stay request,) I am able to carry a loaded handgun in my car until either a stay has been granted or the appeal has been successful, correct?
Additionally, where can I monitor these updates? It’s hard to find sources by google searching on this case.
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Since it’s been over 14 days are they still able to grant a stay? Or is it too late now for the PSP Commissioner?
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The best place to monitor updates is on our blog, as we will continue to post articlea about any significant filings or rulings. While we filed our response on Friday, the Commissioner now has another 14 days to file a reply brief. Thereafter, there is no time-frame for the judge to issue a decision, although we’d anticipate it being somewhat quick once briefing is complete.
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