PITTSBURGH – A trio of young gun owners along with a pair of non-profit firearms rights organizations are suing the Pennsylvania State Police Commissioner, because they argue state laws are violating their constitutional rights and preventing them from carrying and transporting firearms.
Madison M. Lara of Verona, Sophia Knepley of Denver, Logan D. Miller of Boyertown, the Second Amendment Foundation of Bellevue, Wash. and the Firearms Policy Coalition of Sacramento, Calif. filed suit in the U.S. District Court for the Western District of Pennsylvania on Oct. 16 versus Col. Robert Evanchick, of Harrisburg.
The lawsuit asks that Pennsylvania’s state statutes preventing anyone below the age of 21 from obtaining a license to carry a firearm be declared unconstitutional under the 2nd and 14th Amendments, believing it discriminates against lawful firearms owners in the age range of 18-20 years old.
The suit further contends that Pennsylvania state law – which prohibits the firearms carrying on public streets or property during an emergency declared by a state or municipal officials – also violates the 2nd and 14th Amendments.
The Commonwealth of Pennsylvania has been under a state of emergency since January 2018, when Gov. Tom Wolf declared the heroin and opioid drug epidemics a formal and statewide disaster emergency.
Wolf also declared a statewide emergency due to the COVID-19 pandemic in March.
“Defendant has prohibited, absent a license to carry firearms, a particular class of persons, including plaintiffs and those similarly situated, from carrying a firearm in their pockets for the purpose of being armed and ready for offensive or defensive action in case of conflict with another person, in direct violation of the 2nd and 14th Amendments to the U.S. Constitution,” the suit states.
“Defendant has likewise prohibited a particular class of persons, including plaintiffs and those similarly situated, from transporting firearms, unless going directly to and directly back from very limited locations, as specified in 18 Pa.C.S. Section 6106, in direct violation of the 2nd and 14th Amendments to the United States Constitution.”
For counts of constitutional rights violations, the plaintiffs are seeking various declarations that 18 Pa.C.S. Section 6107, its derivative regulations, and all related laws, policies and procedures violate plaintiffs’, and those who are similarly situated, right to keep and bear arms as guaranteed by the 2nd and 14th Amendments to the U. S. Constitution, nominal damages and pursuant to 42 U.S.C. Section 1988, costs, attorney fees and expenses to the extent permitted, and grant any and all other equitable and/or legal remedies this Court may see fit.
The plaintiff is represented by Joshua Prince of Prince Law Offices in Bechtelsville and Adam Kraut of Firearms Policy Coalition, in Sacramento, Calif.
The defendant has not yet obtained legal counsel.
U.S. District Court for the Western District of Pennsylvania case 2:20-cv-01582
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com