MUNICIPAL ORDINANCE - PENNSYLVANIA

Firearm Owners Against Crime v. City of Harrisburg

Commonwealth Court of Pennsylvania - September 12, 2019 - A.3d - 2019 WL 4308651

Firearm rights organization and gun owners brought action for declaratory and injunctive relief against city and against mayor and police chief in their individual capacities, seeking to strike down firearms regulation ordinances that included criminal penalties.

Defendants removed action to federal court and moved to dismiss. The United States District Court for the Middle District of Pennsylvania determined it lacked subject matter jurisdiction and remanded to state court. Defendants filed preliminary objection to dismiss for lack of standing, failure to state a claim, and official immunity. The Court of Common Pleas overruled preliminary objection by firearm rights organization and gun owners that official immunity could not be raised by preliminary objection and, in subsequent order, dismissed complaint for lack of standing. Firearm rights organization and gun owners appealed.

The Commonwealth Court held that:



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