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PA. Supreme Court To Consider Important 2nd Amendment Case




From the Lehigh Valley Tea Party – 9/12 Project 2nd Amendment Committee Newsletter

Pa. Supreme Court To Consider Important 2nd Amendment Case

In 2014, Pennsylvania passed Act 192, a landmark law that recognized the right of local patriots and member organizations like the NRA, GOA, PA4SP and 2A-LVTP to sue municipalities that passed illegal “gun control” ordinances. Under the Act, gun owners would no longer have to prove they had been harmed by a gun-control law to successfully challenge it, and “membership organizations,” like the NRA and the Second Amendment Committee, could stand in to sue on behalf of any Pennsylvania member, and could also seek damages. The NRA and the Second Amendment Committee successfully pressed many municipalities to roll back their illegal “gun control” ordinances

But now the law could be in danger, with a showdown set to take place at the highest court in Pennsylvania, according to the

Shortly after Act 192 passed, many local municipalities repealed their gun-control laws preemptively to avoid being challenged by pro-gun-rights groups. “The State Commonwealth Court overturned the law, but the matter is not fully settled until the State Supreme Court has its final say,” the report notes, adding the main drivers behind the challenge to the law have been left-wing Democrat Mayors in Philadelphia and Pittsburgh, along with other anti-American groups such like CeaseFirePA.

“What’s at issue here is whether or not the state can pass laws allowing localities to be sued by organizations over their gun control laws,” reports In July 2015, the Commonwealth Court struck down the law, claiming it did so because Act 192 – which had been tacked on to a bill that increased the penalties for stealing copper and aluminum – violated the “single subject” requirement.

“Given that the ruling by the Commonwealth was unanimous, and that it did not address the constitutionality of passing a stand-alone law that would allow organizations to sue local municipalities over gun control laws and ordinances, it is almost certain that the Pennsylvania Supreme Court will also strike down this provision,” explains the “The current composition of the Pennsylvania Supreme Court is five Democrats and two Republicans after the Democrats swept all three open seats in the November 2015 election.

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