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Today, Chief Counsel Joshua Prince of the Firearms Industry Consulting Group, was successful in securinga monumental decision and order in Suarez, et al. v. PSP Commissioner, 1:21-cv-710 (Middle District of PA). The injunction precludes the Pennsylvania State Police from (1) enforcing the state of emergency provision (18 Pa.C.S. 6107); and (2) from enforcing our draconian transportation laws, in relation to the general inability to transport a firearm in a vehicle (18 Pa.C.S. 6106).
In relation to the restriction on being able to transport a firearm in a vehicle to any location, Judge Conner declared
If public carry necessarily extends beyond the home such that an individual may lawfully bear a firearm in a public place, commonsense dictates that the Constitution’s protections cannot simply evaporate whenever a vehicle is required to travel between the two” and resultantly, “the court cannot countenance an interpretation whereby those protections extend only as far as an individual can travel by foot. We therefore conclude that the conveyance of firearms in motor vehicles is conduct protected by the Second Amendment.
While Plaintiffs had additionally challenged the constitutionality of all of Section 6106(a) and limitations imposed by Section 6109 to obtain a license to carry firearms, the court found those to be constitutional. The court also declined to decide the constitutionality of Section 6108 (restrictions on carrying in Philadelphia) and instead provided the Plaintiffs with an opportunity to file an amended complaint. As it is likely that both sides will be appealing, stay tuned!
Please join us in congratulating Josh on this monumental victory!
If your state or federal constitutional rights have been violated, contact FICG today to discuss your options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
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