Issues with a rally this coming June in Erie.

[twency]

I was under the impression that some appeal was filed with the PASC? Maybe I am mixing up different situations...I dont know.

The request for a preliminary injunction was denied by the PASC.

[GunLawyer001]

Per my original question what is your opinion if those found guilty choose to appeal that finding? Do we cross our fingers and hope for the best, can we assist in the appeal effort? Should those found guilty pay the fine and prepare to fight another day?

They are reportedly represented by counsel, I can't tell them what to do.

In general, DJ decisions are meaningless to anyone except the parties. Losing defendants can appeal by right, for a de novo trial in Common Pleas. Common Pleas courts are somewhat more likely to look at the laws, and refuse to apply clearly preempted ordinances. But they have no precedential effect.

I would not have encouraged anyone to commit acts of civil disobedience without a substantial war chest, to take the case through the appellate courts. This was doomed to failure, it COULD NOT by definition have succeeded in striking down the laws without many thousands of dollars of effort, a clear defense based solely on the invalidity of the local ordinance, and a case that made it to the appellate courts.

You've got 9 guys who bit off more than they can chew here, from what I read in the news.

A journey of a thousand miles may begin with the first step, but you should bring more than a canteen and a bag lunch before you take that step.

[sprrdhawk44]

The request for a preliminary injunction was denied by the PASC.

This is why we are boned. When our own Supreme Court refuses to uphold the law, we are doomed. These guys are not to blame, as they broke no laws.

[twency]

The request for a preliminary injunction was denied by the PASC.

This is why we are boned. When our own Supreme Court refuses to uphold the law, we are doomed. These guys are not to blame, as they broke no laws.

Well, there's this:

…

I said before, multiple times, you need to have standing to challenge a criminal statute, and the courts are not fond of granting standing to someone who "might be" arrested. The injunction thing never had a chance.

…

[sprrdhawk44]

Well, there's this:

I understand that, but you would think that the PASC would take action when city officials are running around saying they are going to violate state law. You would think that they could have very easily stopped it, as the ordinance itself is unlawful, even without being previously enforced.

[RightRock]

How many times can you majorly fuck up at your job and still be employed there?

Depends on whether you're elected to Congress or not.

[Statkowski]

Could the oppressed not file Private Criminal Complaints against the City Council members (who voted for the ordinance), plus the mayor (who approved the ordinance), plus the city's solicitor? Official Oppression and Criminal Conspiracy come to mind. Oh, and maybe the District Magistrate Judge, too?

It's something to think about.

[jim-analog]

Greetings,

Good advice for sure. However, we now have the current situation like it or not. SO.........what would be the best method to proceed from here? I'm really concerned that the actions of the Erie gov will be fuel to those in Philly, Pittsburgh and every anti 2A boro in the state if something isn't done.

IMO, we have HR 805 sitting "somewhere" in the state legislature, and though not a perfect solution, it may be the best option available.

I'm asking everyone, what to do now in Erie and what then throughout the state? Isn't this issue one where we actually have the law on our side, one that is being clearly violated in many areas statewide?

A loss of the state preemption statue would be absolutely horrendous for all of us.

Regards, Jim

I would not have encouraged anyone to commit acts of civil disobedience without a substantial war chest, to take the case through the appellate courts. This was doomed to failure, it COULD NOT by definition have succeeded in striking down the laws without many thousands of dollars of effort, a clear defense based solely on the invalidity of the local ordinance, and a case that made it to the appellate courts.

You've got 9 guys who bit off more than they can chew here, from what I read in the news.

[FNG19]

IMO, we have HR 805 sitting "somewhere" in the state legislature, and though not a perfect solution, it may be the best option available.

Much like gun control, this will do nothing to stop the criminal element from violating preemption (that would be you, Philadelphia) while being completely unnecessary for most of the rest of the state. I am convinced that the ONLY way to resolve this problem in the State of Pennsylvania is to make individuals that vote for preemption violations personally and individually responsible for their votes, both in criminal and civil courts. However, that is not going to happen.

Isn't this issue one where we actually have the law on our side, one that is being clearly violated in many areas statewide?

It's not about what you know, it's about what you can prove. All the law in the world won't help us if we can't get a court (and, potentially, a jury) to agree and decide in our favor, and that can't happen if someone's not willing to do it.

Frankly, I don't think we're in a position to do it until/unless SCOTUS will declare carrying to be a right, then will give us a standard of review that is favorable to our cause (that last bit is even more important than the former for reasons that are not relevant at the moment). As we have not even arrived at a Standard of Review as a result of Heller/McDonald yet, I think we're years -- possibly decades -- from having that answer.

[jerkin]

I don't see how these guys can be serious about anyone donating to their cause when this thread goes for a month without any type of update. Does anyone have any idea what is going on since the defendants were found guilty by the Magistrate? Has an appeal been filed? I read it rather quickly so maybe I missed something.

In my opinion this whole thing has been handled half-assed at best since the beginning and now I see the same attorney looking for defendants in a Beaver County case against the Sheriff there. Can someone please explain to me how this is advancing firearm rights in Pennsylvania? I hope I'm wrong but it seems to be doing more harm than good.