By Dave Workman
Editor-in-Chief
A U.S. District Court in Pennsylvania has struck down a state law requiring a permit to carry a firearm in a vehicle, and also the ban on open carry without a license during a declared “state of emergency.”
District Judge Christopher C. Conner, a George W. Bush appointee with the U.S. District Court for the Middle District of Pennsylvania, issued an order granting summary judgment in a case brought by the Second Amendment Foundation, Firearms Policy Coalition and three private citizens.
While the court enjoined Pennsylvania State Police Commissioner Col. Christopher Paris from enforcing those provisions, the ruling also found in favor of Col. Paris with respect to another issue in the case, and dismissed a challenge to another section of the state Uniform Firearms Act of 1995 for lack of standing, without prejudice. The court notes the plaintiffs have the right to file an amended complaint “curing that deficiency.”
In his 44-page memorandum detailing his decision, Judge Conner noted that if an amended complaint is filed, the case will be transferred to the Eastern District for further action.
“Each victory takes us a step further in our efforts to win firearms freedom one lawsuit at a time,” said SAF founder and Executive Vice President Alan M. Gottlieb.
“We will evaluate the judge’s ruling and determine our next course of action,” SAF Executive Director Adam Kraut added. “However, we are pleased that the judge agreed with our position that the ban on carry in a vehicle absent a license is unconstitutional, as many Pennsylvanians were precluded from carrying and transporting firearms, with limited exceptions.”
According to New Jersey 2ANews, “All three individual plaintiffs had been charged and convicted of a criminal offense punishable by a term of imprisonment of more than one year, terms under which Federal law generally prohibits such individuals from possessing a firearm.”
