Update 3:41pm - video of press event.
Part 1. Justin McShane on suing the City of Harrisburg.
I put my own name on the documents. It takes a lot of guts.
Part 2. Todd Hoover of U.S. Law Shield.
The power that police officers wield over everyday citizens is immense.
U.S. Law Shield of Pennsylvania, LLC, Todd Hoover, and Justin J. McShane filed a Complaint in Dauphin County Court of Common Pleas Tuesday morning against the City of Harrisburg, Mayor Eric Papenfuse, Police Chief Tom Carter and seven members of city council.
Read the lawsuit. Civil Action Equity.
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Statement from the McShane Firm.
US Law Shield Sues City of Harrisburg Over Its Illegal Gun Laws
Harrisburg, PA--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.
Harrisburg, which just came out of state receivership in February of this year is self-insured which means that if US Law Shield and Todd Hoover are victorious, it could mean a major financial hit for the cash-strapped city. 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 veteran, 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.
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Archive video published October 24, 2014.
Governor-elect Tom Wolf on Act 192.
I don't think we need that bill.
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Archive video October 2014.
Mayor Eric Pafenfuse comments on the passage of HB 80.
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Archive video October 21, 2014.
At 4:10pm Monday afternoon the House Rules committee voted to move HB 80 to the floor of the Pa House, the bill was approved by a vote of 138-56.
Video of the Rules committee meeting. lawsuits against municipalities could begin 60 days after becoming law.
House Bill 80 started out as a bill that addressed the theft of scrap metal before being amended in the Senate to include the following language.
SECTION 4. SECTION 6120(B) OF TITLE 18 IS AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ: § 6120. LIMITATION ON THE REGULATION OF FIREARMS AND AMMUNITION.
* * * (A.2) RELIEF.--A PERSON ADVERSELY AFFECTED BY AN ORDINANCE, A RESOLUTION, REGULATION, RULE, PRACTICE OR ANY OTHER ACTION PROMULGATED OR ENFORCED BY A COUNTY, MUNICIPALITY OR TOWNSHIP
PROHIBITED UNDER SUBSECTION (A) OR 53 PA.C.S. § 2962(G) (RELATING TO LIMITATION ON MUNICIPAL POWERS) MAY SEEK DECLARATORY OR INJUNCTIVE RELIEF AND ACTUAL DAMAGES IN AN APPROPRIATE COURT.
(A.3) REASONABLE EXPENSES.--A COURT SHALL AWARD REASONABLE EXPENSES TO A PERSON ADVERSELY AFFECTED IN AN ACTION UNDER SUBSECTION (A.2) FOR ANY OF THE FOLLOWING:
(1) A FINAL DETERMINATION BY THE COURT IS GRANTED IN FAVOR OF THE PERSON ADVERSELY AFFECTED.
(2) THE REGULATION IN QUESTION IS RESCINDED, REPEALED OR OTHERWISE ABROGATED AFTER SUIT HAS BEEN FILED UNDER SUBSECTION (A.2) BUT BEFORE THE FINAL DETERMINATION BY THE COURT.
(B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
" DEALER.
" THE TERM SHALL INCLUDE ANY PERSON ENGAGED IN THE BUSINESS OF SELLING AT WHOLESALE OR RETAIL A FIREARM OR AMMUNITION."
FIREARMS.
" THIS TERM SHALL HAVE THE MEANING GIVEN TO IT IN SECTION 5515 (RELATING TO PROHIBITING OF PARAMILITARY TRAINING) BUT SHALL NOT INCLUDE AIR RIFLES AS THAT TERM IS DEFINED IN SECTION 6304 (RELATING TO SALE AND USE OF AIR RIFLES). "PERSON ADVERSELY AFFECTED."
ANY OF THE FOLLOWING:
(1)
A RESIDENT OF THIS COMMONWEALTH WHO MAY LEGALLY POSSESS A FIREARM UNDER FEDERAL AND STATE LAW.
(2)
A PERSON WHO OTHERWISE HAS STANDING UNDER THE LAWS OF THIS COMMONWEALTH TO BRING AN ACTION UNDER SUBSECTION (A.2).
(3) A MEMBERSHIP ORGANIZATION, IN WHICH A MEMBER IS A PERSON DESCRIBED UNDER PARAGRAPH (1) OR (2).
" POLITICAL SUBDIVISION.
" THE TERM SHALL INCLUDE ANY HOME RULE CHARTER MUNICIPALITY, COUNTY, CITY, BOROUGH, INCORPORATED TOWN, TOWNSHIP OR SCHOOL DISTRICT.
"REASONABLE EXPENSES." THE TERM INCLUDES, BUT IS NOT LIMITED TO, ATTORNEY FEES, EXPERT WITNESS FEES, COURT COSTS AND COMPENSATION FOR LOSS OF INCOME.
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Archive video of former Harrisburg mayor Linda D. Thompson discussing how she moved legislation to mandate reporting of the loss or theft of guns.:
Photo/Dani Fresh file 2014.