Harrisburg battles gun lawsuit in court :: 02/07/2015

HARRISBURG, Pa. (WHTM) – The City of Harrisburg made its first appearance in court Friday to fight for its gun ordinances.

Gun groups have sued the city in efforts to challenge the legality of its gun ordinances.

Armed with legal ammunition, the fire fight over Harrisburg’s gun ordinances will continue while a Dauphin County judge mulls over a decision to stay or delay a lawsuit against the city.

Attorney Justin McShane, who filed the lawsuit on behalf of retired state police officer Todd Hoover and the U.S. Law Shield of Pennsylvania, squared off against attorneys representing Harrisburg.

Dauphin County Judge Andrew Dowling heard arguments for roughly 90 minutes Friday morning. Five Harrisburg gun ordinances were poked and prodded by both sides.

In essence, McShane contends any municipal ordinance restricting gun rights beyond state code are illegal, citing several cases including NRA v. Philadelphia -2009.

“It’s very simple,” McShane said. “The law is the law.”

Attorneys with Saul Ewing LLP, representing the city pro-bono, argued the newly enacted law known as Act 192, allowing citizens and gun organization to challenge municipal ordinances, is unconstitutional.

Dowling noted Commonwealth Court plans to take up that very issue soon.

Mayor Eric Papenfuse believes the higher court will stay Act 192, which would render McShane’s lawsuit moot.

“It’s my belief that Act 192 is nothing but a payoff to the gun lobby,” Papenfuse said.

The mayor said the law was written so financially strong gun rights advocate organization could strong arm or “bully” cities like Harrisburg into backing down by threatening costly lawsuits.

McShane said he offered Harrisburg a way to avoid financial consequences by allowing the city to rescind its ordinances by noon on Friday.

“They’re spending money that could be much better suited to giving [Harrisburg Police Chief Tom Carter] a lot more police out on the street,” McShane said. “We want to see police on the street. We need police on the street.”

The mayor later said the deadline and those statements is a form of bullying and that McShane was just looking for a payday.

“We have to take a stand on this in Harrisburg,” Papenfuse said, “but there are going to be enormous costs that we’re going to have to bear.”

Part of Act 192 allows challengers of ordinances to seek legal fees and court costs from municipalities in the event a judge rules favor of those who filed the lawsuit. McShane was asked if he would seek costs if indeed this case goes to trial and wins.

“It depends how head-strong [Mayor Papenfuse] is,” he said.

Another argument in the courtroom focused around self-defense. McShane said Harrisburg’s ordinances restrict freedoms under Pennsylvania firearms code that state “No county, municipality, or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components.”

Specifically, McShane said an ordinance which prohibits the discharge or a firearm within city limits blocks a person’s right to self-defense.

“Any rational person who cares about the safety of themselves or their family doesn’t want to be a disarmed victim that’s easy for prey,” he said.

City attorney Josh Autry likened McShane’s argument to someone being cited for jaywalking while running from an attacker, adding it’s not going to happen.

Afterwards, Chief Carter used the example of state Rep. Marty Flynn, who fired his gun in city limits last fall in self-defense against suspected teen muggers, adding he was not cited for using his legally-owned weapon.

“We’re not disputing people have a legal right to own firearms or purchase them legally or anything like that,” he said. “Illegal firearms is what we’re here to fight.”

McShane later argued the ordinance is not clearly written and believed the city could change its mind and cite Rep. Flynn within the two-year statute of limitations.

“They could say, ‘we changed our minds,’ ” McShane said.

The mayor surrendered to that McShane may only have legal ground when it comes to city parks, which by law people are allowed to display firearms. McShane argued Pennsylvania hunting laws would allow certain firearms in city limits.

Autry responded that Harrisburg does not have any state game hunting lands.

Dowling scoffed and asked, “What about 14th and Market Streets?” a neighborhood that has had its fair share of gun violence.

Papenfuse said that was Dowling’s way to pointing to absurdity of McShane’s claims, which only strengthened the need for “common sense gun measures to protect citizens of Harrisburg” against illegal guns.

McShane has asked the county to implement a temporary injunction on the city ordinances until Commonwealth Court takes up Act 192. The city asked the judge to delay McShane’s lawsuit for the same reason.

Dowling did not give a timeline of when he would make a ruling.

Papenfuse urges residents to be educated on this case. He feels attorneys like McShane are using this platform for personal gain by instilling fear that people could be cited for protecting themselves.

“That is an example of the extreme nature of the case and why people should be paying attention,” Papenfuse said.

http://abc27.com/2015/02/06/harrisburg-battles-gun-lawsuit-in-court/