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Late yesterday, Pennsylvania State Police Commissioner Christopher Paris filed a motion requesting that the monumental Suarez decision be stayed pending appeal to the Third Circuit. Specifically, while baldly asserting that the absence of a stay “will jeopardize officer safety, complicate hundreds of prosecutions, and provide more opportunities for criminals to steal firearms from vehicles,” the motion lacks any supporting exhibits or declarations and last I checked, even if Commissioner could prove his contentions, the Constitution does bend to such.
Regardless, the Commissioner has a very high bar to meet for a stay. As the U.S. Supreme Court has declared, the Commissioner will have to:
(1) make a strong showing that he is likely to succeed on the merits;
(2) show that he will be irreparably injured absent a stay;
(3) address whether the issuance of a stay will substantially injure the other parties interested in the proceeding; and
(4) address where the public interest lies.
On the first prong alone, as Judge Conner already found that the vehicle provision of Section 6106 was unconstitutional, the Commissioner is going to have a very difficult time convincing Judge Conner that he is likely to succeed on the merits. Moreover, beyond the public interest never lying in support of constitutional violations, the issuance of a stay would substantially injure the residents of the Commonwealth, as their constitutional right would be impeded. Perhaps even more damning for the Commissioner is that the Third Circuit considers it an “extraordinary remedy” and is loathed to grant a stay where the actual effect would be a “summary reversal” of the district court.
Pursuant to the Middle District of Pennsylvania’s Local Rule 7.5, Commissioner Paris has 14 days to file a brief in support and we then have 14 days, pursuant to Local Rule 7.6, to file a brief in opposition. We will keep everyone apprised as to the denial/grant of the requested stay.
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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