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US Law Shield Sues City of Harrisburg Over its Gun Laws

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Papenfuse

Note: The following is a press release from US Law Shield, which filed a lawsuit against the City of Harrisburg.

Harrisburg, PA (U.S. Law Shield)– Less than 4 blocks from the Harrisburg City government center, at the state capital, our legislature passed a bill that the Governor signed into law that unequivocally made local gun and ammo laws illegal. This morning, US Law Shield, a multi-state 100,000+ gun owner member organization, filed paperwork to sue the City of Harrisburg for its illegal gun laws.

The lead 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 safe 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.”

“The capital city must follow the laws that that capital passes,” said Attorney Justin J. McShane of The McShane Firm who is the lead attorney in the lawsuit and is the US 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.”

U.S. Law Shield

As reported in the news, City of Harrisburg Mayor Eric Papenfuse has stated that the City will not repeal its illegal laws. As reported in the news, Police Chief Tom Carter said officers regularly cite violators for violating its illegal laws.

Harrisburg, which just came out of state receivership in February of this year is self-insured which means that if US Law Shield and Todd Hoover are victorious, it could mean a major financial hit for the cash-strapped city.

US Law Shield is a multi-state member organization that offers legal services, educational opportunities, and training for its members. In 2009, USLS was founded by staunch 2nd Amendment advocates and firearms enthusiasts. USLS was founded by attorneys who were tired of seeing citizens who were completely justified in using their firearms getting charged with a crime and spending thousands or tens of thousands of dollars on attorneys’ fees, when they acted completely within the law. USLS is not a political organization. Instead USLS believes in the 2nd amendment regardless of party affiliation. USLS members are covered in all civil and criminal matters that are firearm related anywhere where they can legally be in possession of a firearm. It is because of this core representation goal that USLS has initiated this lawsuit. Per Act 192 of 2004, Harrisburg’s gun ordinances are illegal and law abiding gun owners are at risk for being prosecuted under illegal laws.

Todd Hoover is an Army veteran, a retired 22 year member of the Pennsylvania State Police, a firearms instructor, and competitive shooter.

Justin J. McShane is a trial attorney. He is a gun owner and competitive shooter. He is the Chairman/CEO of The McShane Firm, LLC located in Harrisburg, PA. The McShane Firm is an 8 attorney law firm that focuses on firearms related law as well as criminal defense. He is aided by Attorney Michael A Giaramita, Jr. also of The McShane Firm. Attorney Giaramita focuses on second amendment law.

To read the full lawsuit click here.

7 comments

  • OneMan'sOpinion

    It’s like the AAA filing a lawsuit to overturn a local law that requires moving vehicles on public roads to have headlights on at night.

    • xds45

      I think that’s a state law. Just like the state law that says if your wipers are on your lights have to be on and you see how well that one works. If some has an illegal gun or is not allowed to have one there all ready breaking the law so why reported if you lose it or have it stolen

    • Skip

      It’s more like NAACP suing a city that decides to pass an ordinance that says that African Americans are not allowed to vote.

    • Bill G

      Actually, many years ago, cases like that were decided. Municipalities are also pre-empted from passing laws that concern anything covered under the Commonwealth motor vehicle code. In Department of Licenses v. Weber, 394 Pa. 466, 468, 469, 147 A. 2d 326, Mr. Justice Musmanno, speaking for this Court said: “Of course, it is obvious that where a statute specifically declares it has planted the flag of preemption in a field, all ordinances on the subject die away as if they did not exist.
      __________________
      Harrisburg wouldn’t THINK of passing a vehicle code law, because it is illegal. The Commonwealth also pre-empts firearms laws…it is ALREADY illegal, and the illegal local ordinances need to be removed. If someone were to actually be arrested and charged with one of these supra-legal violation, the taxpayers of the city would be on the hook for the civil forfeiture that the city would be handed in the related civil case. I’m starting to think that the legislature should make passing preemption violating ordinances a CRIMINAL act on the part of the politicians who pass them, although a case could be made (official oppression) that they actually already are…

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