A landmark court decision in July 2024 invalidated portions of Pennsylvania’s Uniform Firearms Act, specifically the regulations concerning the transportation of firearms in vehicles.
In July 2024, Chief Counsel Joshua Prince of the Firearms Industry Consulting Group (“FICG”) successfully secured a significant ruling in the case of Suarez, et al. v. PSP Commissioner, 1:21-cv-710, heard in the Middle District of PA. This decision included an injunction that prevented the Pennsylvania State Police from: (1) enforcing the legal provision related to firearms during a state of emergency (18 Pa.C.S. 6107); and (2) enforcing a portion of the strict transportation statute (18 Pa.C.S. 6106), referred to as draconian, which generally prohibit transporting a firearm in a vehicle.
According to Judge Conner, the act of carrying firearms in motor vehicles is protected conduct under the Second Amendment. In relation to the restriction on being able to transport a firearm in a vehicle, Judge Conner stated:
“If public carry necessarily extends beyond the home such that an individual may lawfully bear a firearm in a public place, commonsense dictates that the Constitution’s protections cannot simply evaporate whenever a vehicle is required to travel between the two” and resultantly, “the court cannot countenance an interpretation whereby those protections extend only as far as an individual can travel by foot. We therefore conclude that the conveyance of firearms in motor vehicles is conduct protected by the Second Amendment.”
Plaintiffs also contested the constitutionality of Section 6106(a) in its entirety and the restrictions imposed by Section 6109 for obtaining a firearm carry license, both of which the court determined were constitutional. The court, however, declined to rule on the constitutionality of Section 6108, which restricts carrying firearms in Philadelphia, offering Plaintiffs instead an opportunity to file an amended complaint.
Unfortunately, after issuing the injunction, Judge Conner stayed its implementation until such time as the Third Circuit Court of Appeals had opportunity to weigh in on the case.
If you believe your constitutional or statutory rights have been violated by any level of government—state or federal—reach out to FICG today to discuss your legal options. Your rights are important, and we can help you defend them.