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January 15, 2015 |
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U.S. Law Shield Sues City of Harrisburg for Violating State Pre-Emption Laws |
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On January 13, U.S. Law Shield filed a lawsuit against the City of
Harrisburg, Pennsylvania for the city�s now-illegal gun laws that went
into effect on January 5, 2015.
�The capital city must follow the laws,� said attorney Justin J. McShane
of The McShane Firm, who is the lead attorney in the lawsuit and lead
U.S. 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 suit is asking the courts to stop Harrisburg from enforcing various
firearms ordinances, including a ban on possession of firearms in parks,
allowing the mayor to prohibit public possession of weapons in a
declared state of emergency, and requiring gun owners to report lost or
stolen firearms to police.
U.S. Law Shield's lawsuit is the first filed under a new state law that
gives gun owners and gun-rights groups a better chance at removing
municipal firearms ordinances. The law, known as Act 192, expands a
long-standing general rule in the statutes that state law preempts local
law for gun regulations. Law-abiding gun owners are at risk for being
prosecuted under the city�s ordinances.
Now, "membership organizations" like U.S. Law Shield can sue on behalf of any Pennsylvania member.
The lawsuit filed in Dauphin County court named the City of Harrisburg and various city officials as defendants.
City of Harrisburg Mayor Eric Papenfuse has publicly stated that the
City will not repeal its illegal laws. Police Chief Tom Carter has also
stated his officers regularly cite violators for violating now-illegal
gun laws.
Another 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 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.�
To read more on the lawsuit:
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