BELLEVUE, Wash. —— District Judge Christopher C. Conner with the U.S. District Court for the Middle District of Pennsylvania issued an order granting summary judgment to SAF and its partners, finding the state’s law banning carry of a firearm in a vehicle without a license unconstitutional. He further declared that a ban on firearms possession without a license during a state of emergency is facially unconstitutional, and enjoined Pennsylvania State Police Commissioner Col. Christopher Paris from enforcing those provisions.
The court found, however, 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.”
The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, SAF has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
