BINDERUP v. HOLDER et al

Filing 28

ORDER THAT DEFENDANT'S MOTION IS GRANTED IN PART, DISMISSED AS MOOT IN PART, AND DENIED IN PART, ETC. IT IS FURTHER ORDERED THAT PLAINTIFF'S MOTION IS GRANTED IN PART AND DENIED IN PART, ETC. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES, ETC. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/25/2014. 9/25/2014 ENTERED AND COPIES E-MAILED AND COPY SENT TO LEGAL INTELLIGENCER.(lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DANIEL BINDERUP,

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Plaintiff
vs.
ERIC H. HOLDER, JR.,
Attorney General of the
United States; and
B. TODD JONES,
Director of the Bureau of
Alcohol, Tobacco, Firearms
and Explosives,
Defendants

Civil Action
No. 13-cv-06750

O R D E R
NOW, this 25th day of September, 2014, upon consideration
of Defendants’ Motion to Dismiss or for Summary Judgment filed
February 20, 2014 (“Defendants’ Motion”); upon consideration of
Plaintiff’s Motion for Summary Judgment filed March 10, 2014
(“Plaintiff’s Motion”); upon consideration of the pleadings,
record papers, exhibits, declarations, legal memoranda and briefs
of the parties; after oral argument on the within motions held
before me on June 16, 2014; and for the reasons expressed in the
accompanying Opinion,
IT IS ORDERED that Defendants’ Motion is granted in
part, dismissed as moot in part, and denied in part.
IT IS FURTHER ORDERED that Defendants’ Motion is granted
to the extent it seeks summary judgment on Count One of the
Complaint filed November 21, 2013.

IT IS FURTHER ORDERED that declaratory judgment is
entered in favor of defendant Eric H. Holder, Jr., Attorney
General of the United States, and defendant B. Todd Jones,
Director of the Bureau of Alcohol, Tobacco, Firearms and
Explosives, and against plaintiff Daniel Binderup on Count One of
the Complaint.
IT IS DECLARED that plaintiff is subject to the
prohibition in 18 U.S.C. § 922(g)(1) for his prior conviction for
Corruption of minors under 18 Pa.C.S.A. § 6301 and is not excepted
from that prohibition by 18 U.S.C. § 921(a)(20).
IT IS FURTHER ORDERED that Defendants’ Motion is
dismissed as moot to the extent it seeks to dismiss Count One of
the Complaint.
IT IS FURTHER ORDERED that Defendants’ Motion is denied
to the extent it seeks summary judgment on Count Two of the
Complaint.
IT IS FURTHER ORDERED that Plaintiff’s Motion is granted
in part and denied in part.
IT IS FURTHER ORDERED that Plaintiff’s Motion is granted
to the extent it seeks summary judgment on Count Two of the
Complaint.
IT IS FURTHER ORDERED that declaratory judgment is
entered in favor of plaintiff Daniel Binderup and against
defendant Eric H. Holder, Jr., Attorney General of the United
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States, and defendant B. Todd Jones, Director of the Bureau of
Alcohol, Tobacco, Firearms and Explosives, on Count Two of the
Complaint.
IT IS DECLARED that application of 18 U.S.C. § 922(g)(1)
to plaintiff Daniel Binderup for his prior conviction for
Corruption of minors under 18 Pa.C.S.A. § 6301 violates the Second
Amendment to the United States Constitution.
IT IS FURTHER ORDRERED that defendants, their officers,
agents, servants, employees, and all persons in active concert or
participation with them who receive actual notice of this Order
shall be permanently enjoined from enforcing 18 U.S.C. § 922(g)(1)
against plaintiff Daniel Binderup for his prior conviction for
Corruption of minors under 18 Pa.C.S.A. § 6301.
IT IS FURTHER ORDERED that Plaintiff’s Motion is denied
to the extent it seeks summary judgment on Count One of the
Complaint.
IT IS FURTHER ORDERED that the Clerk of Court shall mark
this case closed for statistical purposes.

BY THE COURT:

/s/ JAMES KNOLL GARDNER ___
James Knoll Gardner
United States District Judge

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