Federal Judge Fast-Tracks Preliminary Injunction Hearing in FPC Lawsuit Challenging Philadelphia, Pennsylvania Handgun Carry Ban

Gun News

PHILADELPHIA (November 23, 2020) — Today, Eastern District of Pennsylvania Federal District Court Judge Michael M. Baylson has set an expedited hearing track for FPC’s motion for preliminary injunction, filed earlier today in Fetsurka v. Outlaw, a 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 case and motion can be found at firearmspolicy.org/philadelphia.

In the order, Judge Baylson said that the “individual plaintiffs have long been seeking a gun permit and may be entitled to a permit and are undoubtedly frustrated by the delays. . . . [T]he Court will proceed with the Motion for Preliminary Injunction. Defendants must give some weight to Plaintiffs’ constitutional rights under the 2nd amendment.” 

“The Court will receive testimony at a hearing to be held by video conference on Tuesday, December 8, 2020 at 11:00 a.m.,” the order concluded.

“We are encouraged that Judge Baylson has set an expedited preliminary injunction schedule and issued an order acknowledging our clients’ and members’ Second Amendment right to bear arms in public for self-defense,” said FPC Director of Legal Strategy Adam Kraut. “We will continue to quickly move this case towards a judgment on the merits and work to protect the right to keep and bear arms.”

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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.


NOTICE — POTENTIAL PLAINTIFFS NEEDED!

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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