FPC Files Motion for Restraining Order, Injunction Against Philadelphia, Pennsylvania To Stop Enforcement of Unconstitutional Handgun Carry Ban, Policies

Gun News

PHILADELPHIA (November 23, 2020) — This morning, Firearms Policy Coalition (FPC) filed a motion for a temporary restraining order and preliminary injunction in a federal court case challenging the ban on handgun carry imposed by the laws and policies of Defendants City of Philadelphia, Pennsylvania, its Police Commissioner, Danielle Outlaw, and Pennsylvania State Police Commissioner Colonel Robert Evanchick. The motion can be found at FPCLegal.org.

The brief in support of plaintiffs’ motion argues that the “Defendants may not both ban the carry of loaded handguns under its criminal laws and place the only exemption to those laws for typical law-abiding citizens like Plaintiffs—a [license to carry under 18 Pa.C.S. § 6109]—out of reach. One or the other must give.”

Over the course of 24 pages of arguments, including some detailing historical and empirical studies, the plaintiffs conclude that “this Court should enjoin Defendants from enforcing Defendants’ laws, policies, and enforcement practices which individually and/or collectively prohibit Plaintiffs and other similarly situated law-abiding adults from exercising the Second Amendment right to carry loaded, operable firearms in public for lawful purposes, including self-defense.”

“Philadelphia’s policies and actions, in conjunction with the Commonwealth’s and City’s criminal law, amount to a total ban on the right and ability of our clients to carry a firearm outside of their home for self-defense,” said FPC’s Adam Kraut, one of the attorneys representing the plaintiffs. “The Defendants’ incredible and unconstitutionally broad ban left us with no choice but to seek the extraordinary relief required to end the irreparable harm to our clients’ and members’ rights.”

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United States Federal District Court Judge Michael Morris Baylson set a telephonic conference at 3 p.m. EST today to discuss the motion. 

Recently, Firearms Policy Coalition has filed several major federal Second Amendment lawsuits, including challenges to Pennsylvania’s ban on carry by adults under 21 years of age (Lara v. Evanchick), California’s Handgun Ban and “Roster” laws (Renna v. Becerra), Maryland’s carry ban (Call v. Jones), New Jersey’s carry ban (Bennett v. Davis), New York City’s carry ban (Greco v. New York City), the federal ban on the sale of handguns and handgun ammunition by federal firearm licensees (FFLs) to adults under 21 years of age (Reese v. BATFE), and others, with many more cases being prepared today. To follow these and other legal cases FPC is actively working on, visit the Legal Action section of FPC’s website or follow FPC on Instagram, Twitter, Facebook, YouTube.

The Fetsurka case is another important lawsuit filed as part of FPC’s comprehensive strategy to defend freedom, advance individual liberty, and restore the Constitution and its guarantees for individuals throughout the United States. Individuals who wish to support the lawsuit can do so at JoinFPC.org and www.firearmspolicy.org/philadelphia.


FPC is urgently seeking individual and FFL plaintiffs for a number of lawsuits that are being prepared to challenge laws and policies that infringe on fundamental rights, including (but not limited to):

  • Laws and policies that prevent individuals from purchasing and/or possessing so-called “assault weapons” (semi-automatic firearms with standard characteristics) and “high-capacity” magazines (standard magazines that hold more than 10 rounds)
  • Laws and policies that prevent 18-20-year-old young adults (under age 21) from obtaining handguns from FFLs and carry loaded, operable arms in public for self-defense
  • Laws and policies that prevent individual adults (over the age of 18) from carrying loaded handguns and other arms outside of their home
  • Laws and policies that prevent individuals from acquiring and/or possessing handguns and other arms without first acquiring a “purchase permit” 
  • Laws and policies that prevent individuals from acquiring or possessing firearms due to a conviction for a non-violent crime, or mental health adjudication that did not involve an involuntary commitment  
  • Laws that prevent honorably discharged veterans from acquiring or possessing firearms because they have been classified as “a mental defective” due to the agency’s determination that they “lack the mental capacity to contract or manage his or her own affairs” because they need assistance managing VA benefits and have a fiduciary

If someone you know meets the criteria above, or if you would be interested in participating in litigation as a supporting FFL, please contact us:

If you would like to support FPC’s Fetsurka case and many other pro-Second Amendment lawsuits, legal action, and research, please chip in $5, $10, $25, or whatever you can at https://www.firearmspolicy.org/donate or Join the FPC Grassroots Army at JoinFPC.org.

Firearms Policy Coalition (firearmspolicy.org) is a 501(c)4 nonprofit organization. FPC’s mission is to protect and defend constitutional rights—especially the right to keep and bear arms—advance individual liberty, and restore freedom through litigation and legal action, legislative and regulatory action, education, outreach, grassroots activism, other programs. FPC Law is the nation’s largest public interest legal team focused on Second Amendment and adjacent fundamental rights including freedom of speech and due process, conducting litigation, research, scholarly publications, and amicus briefing, among other efforts.

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