PA Bill Number: HB829
Title: In preliminary provisions, further providing for definitions;
Description: An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in preliminary provisions, further providing for definitions;
Last Action: Signed in House
Last Action Date: Jul 3, 2024
Gun rights activists: Higher court ruling could change DA's argument on private complaints against Peduto, council :: 09/13/2019
Gun rights activists are pointing to a court decision issued Thursday as ammo against the district attorney’s refusal to accept private criminal complaints against Pittsburgh officials for passing local gun laws.
The decision issued by the Commonwealth Court in Firearms Owners Against Crime v. City of Harrisburg said the activists have standing to challenge four Harrisburg gun control laws, overturning a precedent that someone must break the law to challenge it.
In an opinion, Judge P. Kevin Brobson wrote that the precedent is “untenable and must be overruled because it affords greater access to the courts to challenge the facial constitutionality of ordinances to scofflaws than to law-abiding citizens.”
In an emailed press release, the Virginia-based Gun Owners of America called the decision “BIG NEWS” for four plaintiffs in Pittsburgh who are suing Allegheny County District Attorney Stephen A. Zappala Jr. for refusing to accept private criminal complaints filed against Pittsburgh Mayor Bill Peduto and City Council members on the grounds that the plaintiffs did not have standing. The group has provided funding for the case against Mr. Zappala.
“I think the decision released today flies in the face of that logic,” said Lane Turturice, a Washington, Pa.-based attorney.
Mr. Zappala’s office filed a preliminary objection to the complaint Monday.
“Because we are currently preparing a response to a lawsuit on this issue, we are unable to comment at this time,” said Mike Manko, spokesman for the district attorney.
The city of Pittsburgh is being sued for three gun control ordinances that Mr. Peduto signed into law April 9.
The mayor’s office had no comment on the court decision.
Ashley Murray: 412-263-1750 or amurray@post-gazette.com.
