Next Court Actions
The Merits Case:
On May 27, 2015, Judge Andrew Dowling has denied the City’s preliminary objections and has set the following schedule for the merits case:
- Responses, supported by supplemental breifs if deemed necessary, shall be filed on or before August 18, 2015.
- Oral argument shall be held on September 9, 2015, at 9:30 am, in Court Room #5, 3rd Floor, Dauphin County Courthouse.
The City’s Appeal to the Commonwealth Court regarding the Preliminary Injunctions Issued by Judge Dowling:
The City filed yet another motion to stay the proceedings. This time it was with the Commonwealth Court. It was promptly denied.
All briefs have been filed and one amicus brief was received. We now await an assignment of a panel to determine whether or not oral argument will occur. Then, we await the decision of the Commonwealth Court.
The appellate docket can be read here: 449 CD 2015
A Brief Background of the case:
In January 2015, U.S. Law Shield filed suit against Harrisburg for municipal gun laws which are in violation of state law.
Since 1974, the State Legislature has laws in place which forbid local governments from enacting laws and ordinances regulating in any manner firearms and ammunition. Much like traffic laws, the regulation of firearms is reserved for the state. Therefore, various municipal laws, passed by the City of Harrisburg are illegal.
U.S. Law shield, an organization which educates gun owners about gun safety and regulations, has filed suit against the City over these laws.
The lead plaintiff is retired 22-year member of the Pennsylvania State Police Corporal Todd Hoover. “As a veteran, and as a member of the Pennsylvania State Police, I took an oath to uphold the laws and the Constitution. Now I am retired and as a safe firearms instructor, and as a citizen, I still believe in upholding the law. The law is clear and what Harrisburg continues to do in thumbing its nose to the law is illegal and wrong. I won’t stand for it.”
“The capital city must follow the laws that that capital passes,” said Attorney Justin J. McShane of The McShane Firm who is the lead attorney in the lawsuit and is the US Law Shield of Pennsylvania Program Attorney. “Responsible gun owners follow the law. It is time for Harrisburg to learn that it is not above the law.”
The court filings to date:
- U.S.L.S. ex rel. Hoover v. Harrisburg FILE STAMPED 1-13-15
- U.S. Law Shield v. Harrisburg Preliminary Injunction FILE STAMPED with Proposed Orders 1-30-14
- 2-2-2015 P’s Response to D’s Motion For Extension of Time to Respond to Complaint FILE STAMPED
- Answer to Preliminary Injunction Motion
- Preliminary Injunction Brief
- Ex A – Application for Summary Relief
- Ex A – Pennlive Article
- Ex B – Order Scheduling Oral Argument
- Exhibits
- Motion to Disqualify – unsigned Motion to Stay – unsigned
- P’s Response to Motion to Disqualify
- Post-hearing Brief – unsigned
- Attorney General ltr
- Notice of Compliance with Rule 235 time stamped 2-12-15
- Preliminary Objections
- 2-25-15 USLS v. City of Harrisburg, Preliminary Injunction Ruling
- Notice of Deposition
- 3-17-15 Defendant’s Motion for Protective Order STAMPED
- 3-21-15 rejection of no fees offer
- 3-23-15 Order to Dismiss as Moot Defendant’s Protective Order Motion
- 3-26-2015 Motion to reconsider
- 3-26-15 Notes of Transcription of Testimony
- 3-26-2015 Notice of Appeal
- 3-30-2015 Order of Court ordering a concise statement of errors complained
- 4-6-15 D’s Motion to Stay Pending Appeal
- 4-9-15 USLS v. City of Harrisburg P’s Answer to D’s Preliminary Objections
- 4-21-15 Matters Complained of On Appeal
- 4-21-2015 Order Response to Motion to Stay Pending Appeal
- 5-1-2015 Memorandum and Order Denying Stay
- 5-11-15 FILE STAMPED Brief In Opposition to Preliminary Objections
- 5-11-2015 D’s Brief in Support of Preliminary Objections
- 5-11-15 Application for Stay Trial Court Proceedings to the Commonwealth Court
- 5-14-2015 Commonwealth Court Order Denying Application for Stay
- 5-27-15 Order Denying the City’s Preliminary Objections
- 5-27-15 Order establishing case scheduling
- 6-5-2015 Defendant’s motion for interlocutory certification
- Ds-Answer-to-Complaint-FILE-STAMPED.pdf
- City of Harrisburg v. USLS Brief for Appellees
Injunction granted:
February 25, 2015
Today, Judge Dowling issued an opinion ultimately granting U.S. Law Shield’s Motion for Preliminary Injunction with respect to three of the five contested ordinances. The Court additionally declined to stay the proceedings, which means the litigation will continue.
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