BELLEVUE, WA – One week after the Second Amendment Foundation challenged the firearm regulation enacted in Pennsylvania and its enforcement by the Pennsylvania State Police (PSP) and the Montgomery County Sheriff’s Office, the The sheriff has agreed to a court order to suspend enforcement of his policy on inspecting gun stores. without court order.
The action is known asSchmidt et al. v. Paris, and others. Joining are SAF Shot Tec, LLC and a private citizen, Grant Schmidt. They are represented by attorneys Joshua Prince and Dillon Harris, Civil Rights Defense Firm, of Bechtelsville, Pennsylvania. The defendants are Colonel Christopher Paris, Commissioner of the Pennsylvania State Police (PSP) and Montgomery County Sheriff Sean Kilkenny in their official duties. The action was filed in the Pennsylvania Commonwealth Court.
In a stipulation of the parties filed Friday, Montgomery County Sheriff Sean Kilkenny will suspend enforcement of the search policy, but noted that he “intends to respond in opposition to the Petition for Review, and this stipulation does not shall be construed as a waiver or limitation on the Sheriff’s ability to oppose and raise his defenses to the merits of the Petition.” Commissioner Paris has no objection.
“We are delighted that Constable Kilkenny has agreed to withdraw from enforcing his policy of conducting warrantless searches of licensees,” said SAF Chief Executive Adam Kraut. “Respect for constitutional rights is paramount. The sheriff’s policy raised constitutional concerns that we had outlined in our petition. While this case may take some time to litigate, during the process, licensees will not have to worry that the sheriff’s department is violating their constitutional rights by enforcing sheriff’s policy.”
“It is important that this challenge reaches court in a timely manner,” added SAF Founder and Executive Vice President Alan M. Gottlieb, “but in the process, no action should be taken that would remotely suggest that this policy is okay and ultimately will prevail. A warrantless search violates the Fourth Amendment, and that’s never okay.”
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt legal action, research, publishing, and education group focusing on the constitutional right and inheritance to own and own guns. fire privately. Founded in 1974, the Foundation has grown to more than 720,000 members and supporters and runs many programs designed to better inform the public about the consequences of gun control.