Tony Grist
Today, Chief Counsel Joshua Prince of the Firearms Industry Consulting Group, was successful in securing a monumental decision and order in Suarez, et al. v. PSP Commissioner, 1:21-cv-710 (Middle District of PA). The injunction precludes the Pennsylvania State Police from (1) enforcing the state of emergency provision (18 Pa.C.S. 6107); and (2) from enforcing our draconian transportation laws, in relation to the general inability to transport a firearm in a vehicle (18 Pa.C.S. 6106). In relation to the restriction on being able to transport a firearm in a vehicle to any location, Judge Conner declared;
“If public carry necessarily extends beyond the home such that an individual may lawfully bear a firearm in a public place, commonsense dictates that the Constitution’s protections cannot simply evaporate whenever a vehicle is required to travel between the two” and resultantly, “the court cannot countenance an interpretation whereby those protections extend only as far as an individual can travel by foot. We therefore conclude that the conveyance of firearms in motor vehicles is conduct protected by the Second Amendment.”
While Plaintiffs had additionally challenged the constitutionality of all of Section 6106(a) and limitations imposed by Section 6109 to obtain a license to carry firearms, the court found those to be constitutional. The court also declined to decide the constitutionality of Section 6108 (restrictions on carrying in Philadelphia) and instead provided the Plaintiffs with an opportunity to file an amended complaint. As it is likely that both sides will be appealing, stay tuned! Please join us in congratulating Josh on this monumental victory! If your state or federal constitutional rights have been violated, contact FICG today to discuss your options.
Analysis
Yesterday, Chief Counsel Joshua Prince of the Firearms Industry Consulting Group, was successful in securing a monumental decision and Order in Suarez, et al. v. PSP Commissioner, 1:21-cv-710 (Middle District of PA); however, as the Order is complex and, in one regard, severs only a portion of 18 Pa.C.S. 6106, many are confused by the actual result. So, let’s dive in and analyze the statutes in relation to the Order.
First, we’ll start with the easy one, which was struck down in total – 18 Pa.C.S. 6107. Section 6107 provides:
(a) General rule.–No person shall carry a firearm upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:
(1) Actively engaged in a defense of that person’s life or property from peril or threat.
(2) Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).
Thus, as a result of the injunction, during a state of emergency, individuals are no longer restricted in their ability to carry firearms upon the public streets or upon any public property.
Second, in relation to Section 6106, the Order provides that “[t]he Clerk of Court is directed to enter judgment in favor of plaintiffs and against Commissioner Paris with respect to plaintiffs’ challenge to … the vehicle provision of Section 6106 of the UFA.” So, let’s look at the applicable portion of Section 6106(a), which provides
(a) Offense defined.–
(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
(2) A person who is otherwise eligible to possess a valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.
Recommended
As a result of the Order, Section 6106(a) can now be read as follows
(a) Offense defined.–
(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
(2) A person who is otherwise eligible to possess a valid license under this chapter but carries a firearm in any vehicle or any person whocarries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.
I’ve used strikethrough to show exactly what was struck by the Court. As a result of this, one, including those between 18 and 20, in the absence of a license to carry firearms, can now carry a loaded firearm, in one’s vehicle, provided the firearm is not concealed on his/her person. So, of course, many will ask whether this applies to all forms of firearms or just handguns. While amendments to Section 6106 suggest that it applies to all forms of firearms, not just handguns, there is, nevertheless, another provision, 18 Pa.C.S. 6106.1, which prohibits carrying a loaded rifle or shotgun in a vehicle, which has yet to be challenged. Hopefully this helps our readers decipher the Order. Of course, as we said, we anticipate that appeals will be taken to this decision.
Read the full article here
