Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
Today, Chief Counsel Joshua Prince and attorney Dillon Harris of the Firearms Industry Consulting Group, a division of Civil Rights Defense Firm, P.C., filed suit in the Montgomery County Court of Common Pleas on behalf of Firearm Owners Against Crime – Institute for Legislative, Legal, and Educational Action (FOAC-ILLEA), Shot Tec, LLC, and Grant Schmidt against Lower Merion Township over its recently enacted ordinance regulating (out of existence) Federal Firearm Licensees (FFLs) in the township.
As explained in the 37 page Complaint, in violation of numerous constitutional and statutory provisions and in outright defiance of the Commonwealth Court’s recent en banc decision in FOAC, et al. v. City of Pittsburgh that “that an ordinance will be preempted so long as it touches upon or relates to the field of firearm regulation ‘in any manner,’” Lower Merion Township enacted Ordinance 4267, which regulates zoning districts from which firearms may be transferred or otherwise sold. While the Township originally contended that it only bans FFLs as home occupations and from most, but not all, other zoning districts (which is unlawful in and of itself as a result of preemption), Ordinance 4267 is actually completely exclusionary as it requires a copy of the issued FFL and state licenses to be on file with the Township to comply with the “conditional use;” yet, one must certify, subject to the penalties of perjury, that he/she/it is in compliance with local zoning to obtain an FFL; thereby resulting in a chicken-or-the-egg impossibility of never being able to come into compliance with the requirements of Ordinance 4267.
Given the impact on the constitutional and statutory rights of numerous individuals in Lower Merion Township, a motion for an injunction has already been filed with the court, seeking to permanently enjoin Lower Merion Township from violating those individuals’ rights.
If you or someone you know has been the victim of an unlawful firearm regulation or policy, contact FICG today to discuss your options.