Gun owner groups threaten Harrisburg with Preemption lawsuit :: 12/30/2014

Gun owners’ groups are threatening to file a lawsuit against the City of Harrisburg in January, if the city does not take steps to rescind its gun ordinances.

The group Firearm Owners Against Crime is one of the four groups that joined together to hire a lawyer. The lawyer sent a letter of intent to Harrisburg city officials.

The groups are suing because they say it’s illegal for cities to have their own gun ordinances. Harrisburg has several, some that forbid the sale of guns during a state of emergency, and require gun owners to report lost or stolen guns. But they say the issue is not just the specific local laws.

Critics say the municipalities’ gun laws are a violation of state law themselves, dating back to a PA law from the 1970s that says only the state can make laws about possessing firearms.

The lawsuit threat is happening now because of a new law called Act 192. The law takes effect on Monday, January 5th. The law says gun rights groups have standing to sue municipalities. And it says that if plaintiffs who take on cities’ gun laws and win, the city must pay for all of their legal fees and court costs.

“This is about rule of law,” says says Leon Baker, Vice President of Firearm Owners Against Crime. “We need to hold our city officials accountable for breaking the law, which is actually what they’re doing.”

Mayor Eric Papenfuse says he will not rescind the gun ordinances.

Other cities, including Lancaster, Pittsburgh, and Philadelphia, have filed their own legal challenge to Act 192. They say it is unconstitional.

(See FOAC 1st Vice-President, Leon Baker, represent FOAC on Preemption Issues)

http://fox43.com/2014/12/30/gun-owner-groups-threaten-harrisburg-with-lawsuit/