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Philadelphians challenge city's ban on bump stocks

PENNSYLVANIA RECORD

Tuesday, November 26, 2024

Philadelphians challenge city's ban on bump stocks

Lawsuits
Webp parkercherrelle

Parker | https://www.phila.gov/departments/mayor/

PHILADELPHIA - The City of Philadelphia's new ban on bump stocks on firearms faces a constitutional challenge in federal court.

Plaintiffs Vern Lei and Ross Gilson filed a lawsuit June 20 against the City of Philadelphia, challenging a newly signed ordinance by Mayor Cherelle Parker that bans possession of "Rate-of-fire acceleration devices," including auto-sears and bump stocks. 

The plaintiffs argue that the ordinance is unconstitutional under both federal and state law, citing violations of the Second Amendment and Article I, Section 21 of the Pennsylvania Constitution. 

They also claim that the ordinance is unconstitutionally vague, failing to provide clear guidelines on what constitutes prohibited items, thereby inviting arbitrary enforcement. 

The plaintiffs seek to have the ordinance struck down, its enforcement enjoined, and request attorneys' fees.

Andrew Austin and Daniel Auerbach represent the plaintiffs.

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