Is anything being done about the Philadelphia pre-emptive violation?

[mikelets456]

I was on one of the conceal carry websites and looked under "PA carry" and they now have Philadelphia's illegal "no carry in parks" ban. Who can challenge that? Is it the AG (if so, good luck with that)? Is in the PA house (better chance)? Is it the Governor? Who do we need to contact? We need to mobile against this...since this witch Kane got in here things have been going to crap quickly. We need to get on top of this now before it gets any worse. Any ideas?

[knight0334]

To sue you need to be a victim.

So, an individual needs to go to the park carrying within compliance of state laws, then get cited/arrested. ...then you challenge the citation or arrest in court.

[Curmudgeon]

I was on one of the conceal carry websites and looked under "PA carry" and they now have Philadelphia's illegal "no carry in parks" ban. Who can challenge that? Is it the AG (if so, good luck with that)? Is in the PA house (better chance)? Is it the Governor? Who do we need to contact? We need to mobile against this...since this witch Kane got in here things have been going to crap quickly. We need to get on top of this now before it gets any worse. Any ideas?

You could join us and get arrested...

http://forum.pafoa.org/philadelphia-...th-2013-a.html

[mikelets456]

Yes...my daughter mentioned this to me... We'll be there!

[serpentine]

To sue you need to be a victim.

So, an individual needs to go to the park carrying within compliance of state laws, then get cited/arrested. ...then you challenge the citation or arrest in court.

I am not certain, but I don't think anyone needs to be arrested in order to sue. I forget the language used by another, by I will find it and post it.

Here it is:

This is how a lawsuit would likely progress:

Plaintiffs with standing would a lawsuit in the Philadelphia Court of Common Pleas seeking a court declaration that the ordinance is iillegal because it violates preemption and the "in or around" language in impermissibly vague. Other arguments, perhaps ones based on the PA Constitution, could also be asserted. Filed at the same time would be a motion for a temporary restraining order (TRO) and motion for preliminary injunction. The TRO would be heard within a few days and hopefully the court would prevent the ordinance from taking effect until a full hearing on the preliminary injunction motion could occur. After a hearing is held on the motion for preliminary injunction, the court hopefully grants the injunction prohibiting the ordinance from taking effect while the lawsuit is proceeding.

In the meantime, the City files a response to the lawsuit.

At that point, the plaintiffs would probably file a motion for judgment on the pleadings or motion for summary judgment arguing that this is a purely legal issue and the law is clear, and in it ask the judge to rule in their favor. If all goes well, the court declares that the ordinance is illegal and issues a permanent injunction prohibiting its enforcement.

It doesn't appear that a plaintiff(s) would first need to be arrested or cited for violating the ordinance before they would have standing to sue. I think that if the plaintiff has gone into parks and recreation centers in Philly before and plans to do so again in the future, that person or persons would have standing. Philadelphia residents who have done this/intend to do this in the future would be the best plaintiffs.

I think that it is possible to have standing because the preemption violation violates ones way of life in the city. Someone mentioned that in another thread that, I too, will have to look up.

[jtm690]

I was on one of the conceal carry websites and looked under "PA carry" and they now have Philadelphia's illegal "no carry in parks" ban. Who can challenge that? Is it the AG (if so, good luck with that)? Is in the PA house (better chance)? Is it the Governor? Who do we need to contact? We need to mobile against this...since this witch Kane got in here things have been going to crap quickly. We need to get on top of this now before it gets any worse. Any ideas?

Yes, it can be challenged without the need to be arrested. This is their strategy for sure, they know it's illegal and unenforceable, but it makes us waste resources and money and gives them press for the "cause". Until the law is passed awarding attorney fees and costs for a successful challenge it will continue. Notify Rep. Metcalfe.

[RebelRaider5]

Is anything being done about the Philadelphia pre-emptive violation?

Which one?