Harrisburg loses appeal to stay lawsuit challenging city’s gun laws
HARRISBURG, Pa. – A legal setback for Harrisburg in its legal shootout with US Law Shield over the city’s ordinances regulating firearms. US Law Shield of Pennsylvania through The McShane Firm, LLC sued Harrisburg City, the mayor, city council members and the police chief in January over what it called the city’s illegal gun ordinances. (US Law Shield of PA ex rel Todd Hoover and John Bruno v the City of Harrisburg, et. al.).
In his ruling handed down on May 1, Dauphin County Court of Common Pleas Judge Andrew Dowling denied a motion to stay the lawsuit challenging enforcement of five gun ordinances pending a ruling on an appeal to Commonwealth Court.
In his ruling Judge Dowling clearly disagreed:
“Here, we find that the City of Harrisburg has failed to make a strong showing that they are likely to prevail on appeal. We also find that City has failed to show that it will suffer irreparable injury or demonstrate that any party will be substantially harmed by not granting the
stay. Further, we find that the public interest will be better served by not granting the stay. The public, as well as the litigants, are entitled to the prompt, efficient and fair disposition of this matter. To serve that end, we believe that fully litigating this matter to a final disposition is
appropriate. A final disposition will also provide the opportunity for dispositive appellate review, if deemed necessary.”
Judge Dowling could soon rule on a permanent injunction on enforcement of the gun ordinances.
To read the entire ruling click here.
Last year, state lawmakers approved and Governor Tom Corbett signed into law Act 192, which allows pro gun organizations or individuals to challenge local gun ordinances.