Harrisburg Sued Over Its Illegal Gun Laws

Attorney Justin McShane leads the lawsuit by US Law Shield Sues City against municipal gun laws which are in violation of state regulations.

Less than 4 blocks from the Harrisburg City government center, at the state capital, our legislature passed a bill that the Governor signed into law that unequivocally made local gun and ammo laws illegal. This morning, US Law Shield, a multi-state 100,000+ gun owner member organization, filed paperwork to sue the City of Harrisburg for its illegal gun laws.

The lead plaintiff is retired 22-year member of the Pennsylvania State Police Corporal Todd Hoover. “As a veteran, and as a member of the Pennsylvania State Police, I took an oath to uphold the laws and the Constitution. Now I am retired and as a safe firearms instructor, and as a citizen, I still believe in upholding the law. The law is clear and what Harrisburg continues to do in thumbing its nose to the law is illegal and wrong. I won’t stand for it.”

“The capital city must follow the laws that that capital passes,” said Attorney Justin J. McShane of The McShane Firm who is the lead attorney in the lawsuit and is the US Law Shield of Pennsylvania Program Attorney. “Responsible gun owners follow the law. It is time for Harrisburg to learn that it is not above the law.”

As reported in the news, City of Harrisburg Mayor Eric Papenfuse has stated that the City will not repeal its illegal laws. As reported in the news, Police Chief Tom Carter said officers regularly cite violators for violating its illegal laws.

US Law Shield is a multi-state member organization that offers legal services, educational opportunities, and training for its members. In 2009, USLS was founded by staunch 2nd Amendment advocates and firearms enthusiasts. USLS was founded by attorneys who were tired of seeing citizens who were completely justified in using their firearms getting charged with a crime and spending thousands or tens of thousands of dollars on attorneys’ fees, when they acted completely within the law. USLS is not a political organization. Instead USLS believes in the 2nd amendment regardless of party affiliation. USLS members are covered in all civil and criminal matters that are firearm related anywhere where they can legally be in possession of a firearm. It is because of this core representation goal that USLS has initiated this lawsuit. Per Act 192 of 2004, Harrisburg’s gun ordinances are illegal and law abiding gun owners are at risk for being prosecuted under illegal laws.

Todd Hoover is an Army vetran, a retired 22 year member of the Pennsylvania State Police, a firearms instructor, and competitive shooter.

Justin J. McShane is a trial attorney. He is a gun owner and competitive shooter. He is the Chairman/CEO of The McShane Firm, LLC located in Harrisburg, PA. The McShane Firm is an 8 attorney law firm that focuses on firearms related law as well as criminal defense. He is aided by Attorney Michael A Giaramita, Jr. also of The McShane Firm. Attorney Giaramita focuses on second amendment law.

Update:

February 25, 2015

Today, Judge Dowling issued an opinion ultimately granting U.S. Law Shield’s Motion for Preliminary Injunction with respect to three of the five contested ordinances. The Court additionally declined to stay the proceedings, which means the litigation will continue.

Media Coverage of This Important Development

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