Today, after 11 years of litigation, Chief Counsel Joshua Prince of the Firearms Industry Consulting Group (“FICG), a division of Civil Rights Defense Firm, P.C., secured a major victory against the City of Harrisburg’s last remaining, illegal firearm ordinance in Firearm Owners Against Crime – Institute for Legal, Legislative and Educational Action (FOAC-ILLEA), et al. v. City of Harrisburg, et al., 1523 CD 2024.
As way of background, in September of 2024, after 9 years of litigation, the City of Harrisburg’s regulation of firearms related to minors, parks, discharge and lost or stolen were ruled preempted by the Dauphin County Court of Common Pleas. However, the trial court found that plaintiffs did not have standing to challenge the City’s emergency provision, although, in a footnote, it stated that if the emergency provision was ever enacted, it would be preempted. As a result, FOAC-ILLEA appealed to the Commonwealth Court.
In a decision rendered today by Judge Matt Wolf, the Commonwealth Court reversed the trial court, declaring
Whenever the City chooses to exercise its powers under the Emergency Ordinance’s provisions, its actions will place the Individual Appellants in the unenviable position of having to choose between giving up what they view as their right to armed self-defense, risking criminal prosecution, or avoiding the City to the detriment of their professional, economic, and personal interests. To deprive them of an opportunity to challenge the Emergency Ordinance merely because they have not yet been harmed by its provisions would be inimical to the very purpose of pre-enforcement standing. As Justice Wecht noted in his concurrence with the Papenfuse II majority, citizens are not required “to become lawbreakers” in order to challenge legislation that they believe violates their individual rights; nor are they compelled to “abdicate” their rights and submit to the harmful legislation. 261 A.3d at 491 (Wecht, J., concurring).
Although the case will now be sent back to the trial court, as the trial court already ruled that the emergency provision is violative of our firearm preemption law, it is anticipated that a permanent injunction will issue in short order and Harrisburg’s last remaining illegal firearm ordinance will be permanently enjoined.
Please join us in thanking Judge Wolf for upholding the law and congratulating Josh and FOAC-ILLEA for always remaining steadfast in their dedication to defending Article 1, Section 21, 18 Pa.C.S. 6120 and the Second Amendment. We would highly encourage anyone in a financial position to do so, to donate to FOAC-ILLEA so it can continue to support important litigation defending our Rights.
If your state or federal constitutional rights have been violated, or the federal, state or local government ever violate your statutory rights, 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.
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