Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
Federal District Court Judge Michael Baylson of the Eastern District of Pennsylvania denied motions to dismiss filed by the City of Philadelphia and Philadelphia Police Commissioner Danielle Outlaw, as well as Pennsylvania State Police Commissioner Colonel Robert Evanchick, in the FPC right-to-carry Second Amendment lawsuit Fetsurka v. Outlaw.
FPC filed the lawsuit as a result of the State’s statutory ban on carrying firearms without a license and ban on the open carry of firearms in Philadelphia without a license, as well as the City of Philadelphia’s ban on carry, closures of their Gun Permit Unit (GPU), and other policies and practices preventing or otherwise burdening the right to bear arms and license process. By denying the defendants’ motions, the Court has allowed all of the Plaintiffs’ claims to move forward and ordered an evidentiary hearing to decide the claims on the merits. The hearing is currently scheduled to take place on Monday, April 19, 2021.
On November 18, 2020, the City of Philadelphia and Police Commissioner Outlaw closed their GPU, denying Philadelphia residents the ability to apply for and receive a carry license. Just two days later, FPC and two individuals sued Philadelphia Police Commissioner Danielle Outlaw, the City of Philadelphia, and Pennsylvania State Police Commissioner Col. Robert Evanchick challenging their laws and policies that prevent law-abiding individuals from exercising their right to bear arms in public, as well as the City defendants’ prior constitutional violations and their history of burdensome and unconstitutional policies and practices. As a result of FPC’s litigation, the City defendants reopened their GPU and introduced an e-mail based application system.
“We are pleased with the Court’s appropriate denial of the defendants’ frivolous motions to dismiss and that this case can now proceed to the merits,” noted FPC Director of Legal Strategy Adam Kraut. “We look forward to engaging in discovery and presenting information to the Court to ultimately vindicate the Second Amendment rights of the plaintiffs and all Philadelphians.”