Gun rights activists have won an important, precedent-setting victory from the Pennsylvania Supreme Court. While not deciding on the merits of Firearm Owners Against Crime (FOAC) v. City of Harrisburg, the court ruled Oct. 20 in favor of FOAC's right to challenge Harrisburg's gun-control ordinances.

Overturning a lower court ruling, the high court affirmed FOAC and appellees Kim Stolfer, Joshua First, and Howard Bullock's legal standing to sue the City of Harrisburg, Mayor Eric Papenfuse, and Police Chief Thomas Carter over four gun-control ordinances.

FOAC is a statewide gun rights group based in Presto, Pennsylvania. Members of FOAC frequently visit the state capital in Harrisburg to lobby the General Assembly about their Second Amendment rights.

Stolfer is co-founder and president of FOAC. Bullock works in Harrisburg. Only First actually lives in the city. All three men claim the Harrisburg ordinances infringe their state constitutional right to carry concealed weapons within the city limits. None of the men have been charged with violations of the ordinances.

Not only does the court's ruling permit non-residents to sue a municipality, but it also allows “pre-enforcement” challenges. Lower courts had previously ruled citizens could only sue if they had been actually charged with violating an ordinance.

Four Harrisburg Ordinances Are Being Challenged

Although the state supreme court reinstated FOAC, Stolfer, First, and Bullock's right to sue the City Harrisburg, Papenfuse, and Carter, it did not rule on the legality of the city's ordinances.

Specifically, the ordinances prohibit and penalize the following:

• Discharge of a weapon within the city limits except in a gun range,
• Possession of a firearm in city parks,
• Failure to report a lost or stolen gun within 48 hours, and
• Children (people under 18) carrying a weapon anywhere outside of their home.

While the FOAC lawsuit remains unsettled, Papenfuse and Carter have vowed to continue to enforce the city ordinances.

State Supreme Court Sets Precedent

Originally filed in 2015, FOAC v. HarrisburgOriginally filed in 2015, FOAC v. Harrisburgwas the first of similar lawsuits by Second Amendment activists that challenge gun-control ordinances passed by Philadelphia, Pittsburgh, and many smaller Pennsylvania cities.

Far from unanimous, the state supreme court's 4 – 3 split decision establishes a precedent for the multiple lawsuits challenging local ordinances to proceed against cities throughout the state.

According to Stolfer, the cities have no legal standing to enact gun control laws because the Pennsylvania General Assembly has the sole authority to regulate firearms and ammunition.

Defending Gun Owners in Pennsylvania

While the cities, gun-control advocates, gun-rights activists, and attorneys for the state duke it out in the courts, people charged with violating local ordinances would be well-advised to seek legal counsel. The experienced Criminal Defense Team at LLF Law Firm is well- versed in both local and state laws, and they stand ready to fight for your rights on this uncertain legal battleground. Call the LLF Lento Law Firm today at 888-535-3686.