Firearms Policy Coalition Files Motion for Injunction Against PA Carry Ban

Pennsylvania Appeals Court Finds Life in 10th Amendment to Declare PLCAA Void, iStock-884188404
The Firearms Policy Coalition (FPC) filed a motion for a preliminary injunction in a federal lawsuit challenging the ban on firearm carry iStock 884188404

U.S.A. -(AmmoLand.com)- Today, Firearms Policy Coalition (FPC) filed a motion for a preliminary injunction in a federal lawsuit challenging the ban on firearm carry imposed by the laws and policies of Defendants Allegheny Sheriff William Mullen, County of Allegheny, Pennsylvania, and Pennsylvania State Police Commissioner Colonel Robert Evanchick. The case, Cowey v. Mullen, is assigned to United States District Court Judge Christy C. Wiegand. The motion can be found at FPCLegal.org.

The brief in support of the plaintiffs’ motion argues that the State’s criminal ban on the carry of firearms, especially during a declared state of emergency, unconstitutionally prohibits law-abiding people from exercising their rights. Additionally, it argues that Sheriff Mullen and his Sheriff’s Office are imposing policies and practices that delay and deny access to a license necessary to lawfully exercising a fundamental right. Individually and collectively, it says, these laws and practices amount to a total ban on carrying, something the Constitution and Supreme Court’s precedents do not allow.

“Pennsylvania law broadly bans the carry of firearms unless you have a license, and Allegheny County Sheriff Mullen and the Sheriff’s Office are not making those available to law-abiding individuals like the plaintiffs and others like them. That regulatory scheme is unconstitutional under any form of heightened constitutional scrutiny,” said FPC’s Adam Kraut, one of the attorneys representing the plaintiffs. “It is not even rational for the State to impose upon our clients and all law-abiding people a criminal ban on carrying firearms when it would otherwise allow unlicensed carry by the same individuals if the Commonwealth were not in a state of emergency declared by Governor Wolf.”

Firearms Policy Coalition and FPC Law are the nation’s next-generation advocates leading the Second Amendment litigation space, having recently filed several major federal Second Amendment lawsuits including challenges to the State of Maryland’s ban on so-called “assault weapons” (Bianchi v. Frosh), the State of Pennsylvania’s and Allegheny County’s carry restrictions (Cowey v. Mullen), Philadelphia’s Gun Permit Unit policies and practices (Fetsurka v. Outlaw), Pennsylvania’s ban on carrying by adults under 21 years of age (Lara v. Evanchick), California’s Handgun Ban and “Roster” laws (Renna v. Becerra), Maryland’s carry ban (Call v. Jones), New Jersey’s carry ban (Bennett v. Davis), New York City’s carry ban (Greco v. New York City), the federal ban on the sale of handguns and handgun ammunition by federal firearm licensees (FFLs) to adults under 21 years of age (Reese v. BATFE), and others, with many more cases being prepared today.

To follow these and other legal cases FPC is actively working on, visit the Legal Action section of FPC’s website or follow FPC on InstagramTwitterFacebookYouTube.


About Firearms Policy Coalition

Firearms Policy Coalition (firearmspolicy.org) is a 501(c)4 nonprofit organization. FPC’s mission is to protect and defend constitutional rights—especially the right to keep and bear arms—advance individual liberty, and restore freedom through litigation and legal action, legislative and regulatory action, education, outreach, grassroots activism, other programs. FPC Law is the nation’s largest public interest legal team focused on the Second Amendment and adjacent fundamental rights including freedom of speech and due process, conducting litigation, research, scholarly publications, and amicus briefing, among other efforts.Firearms Policy Coalition

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Pa John
Pa John (@pa-john)
11 months ago

So is open carry legal in PA now or not?

willyd
willyd (@willyd)
11 months ago
Reply to  Pa John

The Demo-Rats are really out to destroy the state!!!!!!!!!!!!!!

lktraz
lktraz (@lktraz)
11 months ago
Reply to  Pa John

Open carry without a concealed carry permit is legal in PA except in Philadelphia County. (Which is against the state constitution). Allegheny County is attempting to violate the state constitution. Regardless of any emergency declaration open carry cannot be restricted in PA. BUT…….realize that without a concealed permit you must unload, secure and store your handgun in a place in your vehicle that is inaccessible to you while operating the vehicle and secure in order to transport it. (Locked in the trunk for example). The big deal in this suit is that Allegheny Sheriff’s Office is restricting the named individuals… Read more »