Harrisburg battles gun lawsuit in court

[mikelets456]

http://abc27.com/2015/02/06/harrisbu...suit-in-court/
HARRISBURG, Pa. (WHTM) – The City of Harrisburg made its first appearance in court Friday to fight for its gun ordinances.

Gun groups have sued the city in efforts to challenge the legality of its gun ordinances.

Armed with legal ammunition, the fire fight over Harrisburg’s gun ordinances will continue while a Dauphin County judge mulls over a decision to stay or delay a lawsuit against the city.

Attorney Justin McShane, who filed the lawsuit on behalf of retired state police officer Todd Hoover and the U.S. Law Shield of Pennsylvania, squared off against attorneys representing Harrisburg.

Dauphin County Judge Andrew Dowling heard arguments for roughly 90 minutes Friday morning. Five Harrisburg gun ordinances were poked and prodded by both sides.

In essence, McShane contends any municipal ordinance restricting gun rights beyond state code are illegal, citing several cases including NRA v. Philadelphia -2009.

“It’s very simple,” McShane said. “The law is the law.”

Attorneys with Saul Ewing LLP, representing the city pro-bono, argued the newly enacted law known as Act 192, allowing citizens and gun organization to challenge municipal ordinances, is unconstitutional.

Dowling noted Commonwealth Court plans to take up that very issue soon.

Mayor Eric Papenfuse believes the higher court will stay Act 192, which would render McShane’s lawsuit moot.

“It’s my belief that Act 192 is nothing but a payoff to the gun lobby,” Papenfuse said.

The mayor said the law was written so financially strong gun rights advocate organization could strong arm or “bully” cities like Harrisburg into backing down by threatening costly lawsuits.

McShane said he offered Harrisburg a way to avoid financial consequences by allowing the city to rescind its ordinances by noon on Friday.

[Jhaydeno]

Hopefully the plaintiffs were smart enough to include a resident that will still have standing if 192 is pulled off the books. The laws will still be illegal regardless, and thus the suit still valid.

[Qtrborecrazy]

“It’s my belief that Act 192 is nothing but a payoff to the gun lobby,” Papenfuse said.

The mayor said the law was written so financially strong gun rights advocate organization could strong arm or “bully” cities like Harrisburg into backing down by threatening costly lawsuits.

I guess he recieved no money from the antis for his campaign. I also guess he has no problem bullying the average joe blow who he knows does not have deep pockets to defend themselves. Constitution, what Constitution?

[God's Country]

Fine the new law is unconstitutional. How about the following the old law that mandates the same thing?

[MikeB0]

Hopefully the plaintiffs were smart enough to include a resident that will still have standing if 192 is pulled off the books. The laws will still be illegal regardless, and thus the suit still valid.

The whole reason for the law was that in previous suits against Philadelphia it was ruled that a resident had to actually be harmed(arrested) for them to have standing. The whole standing thing in courts across the country needs to be addressed IMO. Just facing the possibility of arrest/fines/etc should really be enough.

[eyecanshoot]

In essence, McShane contends any municipal ordinance restricting gun rights beyond state code are illegal, citing several cases including NRA v. Philadelphia -2009.

“It’s very simple,” McShane said. “The law is the law.”

The Constitution is the law and it is perfectly legal enacting a law that is used as a further safeguard for a Constitutional Right.

Attorney Justin McShane, who filed the lawsuit on behalf of retired state police officer Todd Hoover and the U.S. Law Shield of Pennsylvania, squared off against attorneys representing Harrisburg.

Does anyone know Todd Hoover? Is he one of the good guys? I get nervous whenever someone with ties to the government is fighting for our rights.

[John222]

In the end these lawsuits will be good for us. I've never been fond of the NBA, but in this case their money and power may finally stop all these stupid conflicting local laws. Leaving your house with a CC shouldn't be like planning a vacation to Europe. Once Harrisburg falls, all the municipalities will follow.

[Durandal]

The Constitution is the law and it is perfectly legal enacting a law that is used as a further safeguard for a Constitutional Right.



Does anyone know Todd Hoover? Is he one of the good guys? I get nervous whenever someone with ties to the government is fighting for our rights.

I am personally acquainted with Todd Hoover. I can tell you he is one of the good guys. He is as pro-gun and pro-2A as they come.

[JoshG]

Does anyone know Todd Hoover? Is he one of the good guys? I get nervous whenever someone with ties to the government is fighting for our rights.

I currently work with Todd, he is legit. Pro 2A, former Army etc. Very knowledgeable in the law.

[Democrat Gun Owner]

In the end these lawsuits will be good for us. I've never been fond of the NBA, but in this case their money and power may finally stop all these stupid conflicting local laws. Leaving your house with a CC shouldn't be like planning a vacation to Europe. Once Harrisburg falls, all the municipalities will follow.

I never really liked the NBA either. I prefer the NFL and MLB. I'd even take the NHL over the NBA.



On a serious note, being from NEPA, I'm not familiar with Harrisburg's local gun laws. Can someone local to Harrisburg help me out with letting me know what ordinances they have?