Firearm Owners Against Crime et al v. City of Harrisburg et al

Filing 50

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT Defts motion to dismiss (Doc. No. 4) is GRANTED IN PART - Pltfs will be permitted to file an amended complaint within 10 days of the date of this order to demonstrate standing to challenge to Harrisburg, Pa., Code 3-345.2 (discharging weapons or firearms), and 10-301.13 (parks) - see order for details. IT IS HEREBY FURTHER ORDERED THAT Pltfs motion to remand (Doc. No. 5), is DENIED AS MOOT; Defts motion to file a supplemental brief (Doc. No. 45), is DENIED AS MOOT; and Pltfs motion for leave to amend (Doc. No. 37), is DENIED AS MOOT. #5 #4 #45 #37 Signed by Honorable Yvette Kane on 3/24/16. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
FIREARM OWNERS AGAINST
CRIME, et al.,
Plaintiffs
v.
CITY OF HARRISBURG, et al.,
Defendants

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No. 1:15-cv-00322

(Judge Kane)

ORDER
AND NOW, on this 24th day of March 2016, IT IS HEREBY ORDERED THAT
Defendants’ motion to dismiss (Doc. No. 4), is GRANTED IN PART as follows:
1.

The Court lacks subject matter jurisdiction over Plaintiffs’ challenges to
Harrisburg, Pa., Code §§ 3-345.1 (possession of firearms by minors), 3-345.4 (lost
or stolen firearms), and 3-355.2 (emergency measures), for want of standing, and
Plaintiffs will not be permitted to amend their complaint as to those claims;

2.

The Court also lacks subject matter jurisdiction over Plaintiffs’ challenges to
Harrisburg, Pa., Code §§ 3-345.2 (discharging weapons or firearms), and 10301.13 (parks), for want of standing, and Plaintiffs will be permitted to file an
amended complaint within ten (10) days of the date of this order to demonstrate
standing to challenge those ordinances; and

3.

If Plaintiffs waive amendment or fail to amend, this action will be remanded to
the Court of Common Pleas for Dauphin County, Pennsylvania pursuant to 28
U.S.C. § 1447(c).

IT IS HEREBY FURTHER ORDERED THAT Plaintiffs’ motion to remand (Doc.
No. 5), is DENIED AS MOOT; Defendants’ motion to file a supplemental brief (Doc. No. 45),
is DENIED AS MOOT; and Plaintiffs’ motion for leave to amend (Doc. No. 37), is DENIED
AS MOOT.
S/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania