somewhat bad news...but in reality we only had a "stay" of enforcement infront of the PA supreme court. the permanent injuction is still going forward to be argued... this is quote from lawyer today...
I just heard from the PA Supreme Court. Whatever Justice it was assigned to has declined to grant the Stay of the enforcement of the Ordinance. It is important to note that since the removal of Justice Joan Orie Melvin (an avid 2A supporter), the Court has 6 elected Justices of which three are Republicans and three are Democrats. So, we had a 50/50 shot at pulling a pro-gun Justice and we will never know what Justice considered it, as the Order is Per Curiam (meaning By the Court anonymously). While extremely disappointing, this was expected by those organizations supporting our litigation.
What this means is that the matter will be returned to the Commonwealth Court to issue a briefing order and potentially order oral argument (at the discretion of the Court) on the underlying appeal of the denial of the preliminary injunction. I called the Commonwealth Court and it is still waiting for the record from Erie Court of Common Pleas. Once it receives that, it will issue a briefing order. So, we will not likely hear anything for several weeks, if not longer.
In relation to the citations that the City issued, today I filed a Motion to Dismiss and Memorandum in Support with Magisterial District Judge Robie requesting that all the charges be dismissed because 955.06(b) is invalid, pursuant to Section 6120. I requested that, if possible, he make a decision before Aug 19th, as some of those charged have a long distance to travel for the hearing.
The Supreme Court's Decision has no effect on the overall case or criminal matter, as it was merely requesting a Stay. Moreover, the only issue before the Commonwealth Court is the preliminary injunction. The permanent injunction and declaratory relief averments of our Complaint are still to be litigated in the future, if necessary, at the trial court once the Commonwealth Court makes a decision on the preliminary injunction issue before it (AKA they are not on appeal).
I just heard from the PA Supreme Court. Whatever Justice it was assigned to has declined to grant the Stay of the enforcement of the Ordinance. It is important to note that since the removal of Justice Joan Orie Melvin (an avid 2A supporter), the Court has 6 elected Justices of which three are Republicans and three are Democrats. So, we had a 50/50 shot at pulling a pro-gun Justice and we will never know what Justice considered it, as the Order is Per Curiam (meaning By the Court anonymously). While extremely disappointing, this was expected by those organizations supporting our litigation.
What this means is that the matter will be returned to the Commonwealth Court to issue a briefing order and potentially order oral argument (at the discretion of the Court) on the underlying appeal of the denial of the preliminary injunction. I called the Commonwealth Court and it is still waiting for the record from Erie Court of Common Pleas. Once it receives that, it will issue a briefing order. So, we will not likely hear anything for several weeks, if not longer.
In relation to the citations that the City issued, today I filed a Motion to Dismiss and Memorandum in Support with Magisterial District Judge Robie requesting that all the charges be dismissed because 955.06(b) is invalid, pursuant to Section 6120. I requested that, if possible, he make a decision before Aug 19th, as some of those charged have a long distance to travel for the hearing.
The Supreme Court's Decision has no effect on the overall case or criminal matter, as it was merely requesting a Stay. Moreover, the only issue before the Commonwealth Court is the preliminary injunction. The permanent injunction and declaratory relief averments of our Complaint are still to be litigated in the future, if necessary, at the trial court once the Commonwealth Court makes a decision on the preliminary injunction issue before it (AKA they are not on appeal).
