Pennsylvania law generally allows for individuals to openly carry firearms without a License to Carry Firearms (LTCF). However, the law provides for extremely limited transportation of firearms absent a LTCF – allowing an individual to take an unloaded firearm from their home to only certain locations. As a result, people without LTCFs may not take an unloaded firearm from their home to most locations in order to then openly carry for self defense.
When an individual enters their vehicle, regardless of whether the firearm they are carrying is openly displayed on their hip, or covered by a garment, the law considers the individual to be carrying concealed – requiring a LTCF.
On April 16, 2021, the Second Amendment Foundation filed suit, along with another civil rights organization, and three individuals challenging PA’s laws. The three individuals are uniquely affected by Pennsylvania’s laws as they were previously prohibited persons who sought, and obtained, relief via the federal courts in Second Amendment as-applied challenges. However, despite the courts ruling that the federal prohibition against them was unconstitutional and enjoining the federal government from enforcing it, they were denied LTCFs by their respective sheriffs.
The lawsuit asks a federal court to declare that the laws prohibiting the bearing of arms violates the Second and Fourteenth Amendments and seeks to enjoin the Defendant from enforcing the prohibition.
Case Team: Joshua Prince, SAF Executive Director Adam Kraut
Recent Docket Activity
October 23rd, 2024
ORDER the motion to lift the District Court's stay order or expedite the appeal is denied. The motion filed by Appellant/Appellee Commissioner Pennsylvania State Police to hold the appeals C.A.V. pending this Court’s decision in Koons v. Attorney General of New Jersey, Nos. 23-1900 & 23-2043, is granted. Panel No.: CCO-177-E. Freeman, Authoring Judge. [24-2395, 24-2436, 24-2602, 24-2591] [Entered: 10/23/2024 11:17 AM]
October 2nd, 2024
ECF FILER: Reply by Appellant Commissioner Pennsylvania State Police in 24-2395, Appellee Commissioner Pennsylvania State Police in 24-2436, 24-2591, 24-2602 to Response. Certificate of Service dated 10/02/2024. Service made by ECF [24-2395, 24-2436, 24-2591, 24-2602] [Entered: 10/02/2024 02:48 PM]
September 30th, 2024
ECF FILER: Reply by Appellees Daniel Binderup, Firearms Policy Coalition Inc, Daniel Miller, Second Amendment Foundation and Julio Suarez in 24-2395, Appellants Daniel Binderup, Firearms Policy Coalition Inc, Daniel Miller, Second Amendment Foundation and Julio Suarez in 24-2436, Appellants Taylor Brown, Max Ness, Shawn Palmer and Second Amendment Foundation in 24-2591, 24-2602 to response to motion to lift stay, motion to expedite. Certificate of Service dated 09/30/2024. Service made by ECF [24-2395, 24-2436, 24-2591, 24-2602] [Entered: 09/30/2024 03:07 PM]
September 30th, 2024
ECF FILER: Response filed by Appellees Daniel Binderup, Firearms Policy Coalition Inc, Daniel Miller, Second Amendment Foundation and Julio Suarez in 24-2395, Appellants Daniel Binderup, Firearms Policy Coalition Inc, Daniel Miller, Second Amendment Foundation and Julio Suarez in 24-2436, Appellants Taylor Brown, Max Ness, Shawn Palmer and Second Amendment Foundation in 24-2591, 24-2602 to motion to hold appeals C.A.V.. Certificate of Service dated 09/30/2024. [24-2395, 24-2436, 24-2591, 24-2602] [Entered: 09/30/2024 07:58 PM]
September 27th, 2024
ECF FILER: Motion filed by Appellant Commissioner Pennsylvania State Police in 24-2395, Appellee Commissioner Pennsylvania State Police in 24-2436, 24-2591, 24-2602 to stay the appeals and a Response to motion to lift stay, motion to expedite. Certificate of Service dated 09/27/2024. Service made by ECF. [24-2395, 24-2436, 24-2591, 24-2602]--[Edited 09/30/2024 by KR] [Entered: 09/27/2024 03:34 PM]
September 20th, 2024
ECF FILER: Motion filed by Appellees Daniel Binderup, Firearms Policy Coalition Inc, Daniel Miller, Second Amendment Foundation and Julio Suarez in 24-2395, Appellants Daniel Binderup, Firearms Policy Coalition Inc, Daniel Miller, Second Amendment Foundation and Julio Suarez in 24-2436, Appellants Taylor Brown, Max Ness, Shawn Palmer and Second Amendment Foundation in 24-2591, 24-2602 to lift stay, to Expedite In the alternative, in the event the Court denies the request to lift the stay, Plaintiffs/Appellees/Cross-Appellants are requesting that the case be expedited.. Certificate of Service dated 09/20/2024. Service made by ECF. [24-2395, 24-2436, 24-2591, 24-2602] [Entered: 09/20/2024 02:00 PM]
September 20th, 2024
TEXT ORDER The Commissioner's response in opposition to the motion to lift and vacate the stay or expedite the appeal must be filed on or before September 27, 2024. See 3d Cir. LAR 4.1. [24-2395, 24-2436, 24-2602, 24-2591] [Entered: 09/20/2024 03:38 PM]
