Gun Rights Group Sues Lower Merion for Firearms Ordinance

A law prohibiting the possession or discharge of firearms in Lower Merion’s public parks has been challenged by a lawsuit filed at the Montgomery County Court of Common Pleas last week by a pro-Second Amendment organization, according to Philly.com.

While most Pennsylvania municipalities have repealed their local gun ordinances to avoid threatened legal action by groups such as teh plaintiff, Firearm Owners Against Crime, Lower Merion Township officials chose to keep the local law policing guns in public parks.

The ordinance in questions reads, “No person except authorized members of the Police Department shall carry or discharge firearms of any kind in a park without a special permit, unless exempted.” The complaint says the law violates a section of the state constitution that prohibits local government bodies from passing their own gun restiction legislation.

Pro-gun lobbying groups such as FOAC and the NRA have taken advantage of the December passage of Act 192, which gives national organizations legal standing to file suits on behalf of members residing in Pennsylvania.

The new legislation also requires municipalities to pay for all legal fees if they lose the civil case. The threats of lawsuits and the prospect of spending taxpayer dollars to cover court costs has prompted local municipalities across the state to preemptively repeal their gun ordinances.

However, Philadelphia, Pittsburgh and Lancaster have filed their own suit in the Commonwealth Court challenging the legality of the new bill, saying it was tacked on as an amendment to unrelated legislation and did not go through an effective vetting process before the vote.