Jonathan S.

Goldstein, Esquire
Attorneys for Plaintiff
Attorney I.D. #201627
Britain R. Henry, Esquire
Filed and Attested by
PROTHONOTARY
Attorney I.D. #314279
13 JAN 2015 04:31 pm
McNelly & Goldstein, LLC
D. SAVAGE
11 Church Road
Hatfield, PA 19440
(610) 727-4191
IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
National Rifle Association
11250 Waples Mill Road
Fairfax, VA 22030-3803
v.
City of Philadelphia
1515 Arch Street
17th Floor, Philadelphia
Pennsylvania 19102
Michael Nutter
1515 Arch Street
17th Floor, Philadelphia
Pennsylvania 19102
Philadelphia City Council
1515 Arch Street
17th Floor, Philadelphia
Pennsylvania 19102

:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:

No:

EQUITY ACTION

COMPLAINT FOR DECLARATORY JUDGMENT

AND INJUNCTIVE RELIEF
AND NOW, comes the Plaintiff, National Rifle Association (hereinafter NRA), by and
through their undersigned counsel, McNelly & Goldstein, LLC, and file the following Complaint
for Declaratory Judgment and Injunctive Relief, and in support thereof, aver the following:

Case ID: 150101620

Parties
1. Plaintiff, National Rifle Association, ("NRA"), is a non-profit organization organized
under the laws of the State of New York with its principal place of business in 11250 Waples Mill
Road Fairfax, Virginia 22030 and registered in Pennsylvania.
2. NRA has approximately five million dues-paying members nationwide, with more than
one hundred thousand of those members residing in Pennsylvania, including in Philadelphia.
Among other things, the purposes and objectives of the NRA are to protect and defend the
fundamental, individual, constitutional right to privately own and possess firearms.
3. Defendant, City of Philadelphia, is a political subdivision of the Commonwealth of
Pennsylvania, duly organized and operating under the laws of the Commonwealth of Pennsylvania
with a principal office located at 1515 Arch Street, 17th Floor, Philadelphia, Pennsylvania 19102.
4. Defendant, Michael Nutter, is the elected Mayor of the City of Philadelphia, and as such is
responsible for executing and administering the Citys laws, customs, practices, and policies.
Defendant Nutter has a principal place of business located in Philadelphias City Hall.
5. Defendant, Philadelphia City Council, is the governing body of the City of Philadelphia
with a principal place of business located in Philadelphias City Hall.
Jurisdiction and Venue
6. This Court has jurisdiction over this dispute pursuant to Rule 1601 and 1531 of the
Pennsylvania Rules of Civil Procedure, 42 Pa. C.S.A. 931(a), and the Pennsylvania
Declaratory Judgment Act, 42 Pa. C.S.A. 7351, et seq.
7. Venue is proper in this Court pursuant to 42 Pa. C.S.A. 931(c) and Pennsylvania
Rules of Civil Procedure 1006 and 2103.

Case ID: 150101620

Factual Background
8. On November 6, 2014, 18 Pa. C.S. 6120, was amended to include additional provisions
for plaintiff standing and was also amended to allow for the recovery of legal and other fees under
certain circumstances.
9. Prior to the amendments, 18 Pa. C.S. 6120 provided, in relevant part,
(a) General rule. No county, municipality or township may in any
manner regulate the lawful ownership, possession, transfer or
transportation of firearms, ammunition or ammunition components
when carried or transported for purposes not prohibited by the laws
of this Commonwealth.
10. The amendments to 6120 provides several new subsections. Specifically,
(a.2) Relief. A person adversely affected by an ordinance, a
resolution, regulation, rule, practice or any other action promulgated
or enforced by a county, municipality or township prohibited under
subsection (a) or 53 Pa. C.S. 2962(g) (relating to limitation on
municipal powers) may seek declaratory or injunctive relief and
actual damages in an appropriate court.
and,
(a.3) Reasonable expenses. A court shall award reasonable expenses
to a person adversely affected in an action under subsection (a.2) for
any of the following: (1) A final determination by the court is
granted in favor of the person adversely affected. (2) The regulation
in question is rescinded, repealed or otherwise abrogated after suit
has been filed under subsection (a.2) but before the final
determination by the court.
11. There are also two new additions to the definition section, subsection (b),
"Person adversely affected." Any of the following: (1) A resident of
this Commonwealth who may legally possess a firearm under
Federal and State law. (2) A person who otherwise has standing
under the laws of this Commonwealth to bring an action under
subsection (a.2). (3) A membership organization, in which a
member is a person described under paragraph (1) or (2).
and,

Case ID: 150101620

"Reasonable expenses." The term includes, but is not limited to,

attorney fees, expert witness fees, court costs and compensation for
loss of income.
18 Pa.C.S.A. 6120
12. The summary effect of the amendments to 6120 is to permit membership organizations
such as Plaintiff to bring claims on behalf of its members who are adversely affected by local
firearm and ammunition ordinances enacted by certain of Pennsylvanias local governments in
direct contravention of the Pennsylvania Constitution or 6120.
13. The General Assembly specifically added the membership organization standing language
to address the finding in National Rifle Association v. City of Philadelphia, 977 A.2d 78
(Pa.Cmwlth.2009) (the Court determined plaintiffs did not have standing to bring a claim that their
rights under Article I, 21 of the Pennsylvania Constitution were infringed by an ordinance
requiring that stolen guns had to be reported to the police until the plaintiffs' guns were stolen or
lost).
14. In evaluating 6120, the Pennsylvania Supreme Court has routinely determined that only
the General Assembly can regulate firearms, as the entire field is preempted. Id.
15. Further, the Court stated in Ortiz v. Commonwealth that "[b]ecause the ownership of
firearms is constitutionally protected, its regulation is a matter of statewide concern. . . . [T]he
General Assembly, not city councils, is the proper forum for the imposition of such regulation."
681 A.2d 152, 156 (Pa. 1996).
16. The City currently has enacted and maintains on their books the following ordinances,
(hereinafter Ordinances);
17. Ordinance Sec. 10-836 - Temporary Removal of Firearms of Persons Posing a Risk of
Imminent Personal Injury to Self or Others. Ordinance Sec. 10-836 authorizes the temporary

Case ID: 150101620

removal of firearms from persons found by the court, upon affidavit of two police officers or a
district attorney, to pose a risk of imminent harm to themselves or others (Exhibit A).
18. Ordinance Sec. 10-835 - Prohibited Possession, Sale and Transfer of Firearms by Persons
Subject to Protection from Abuse Orders. Ordinance 10-835 prohibits persons subject to an active
protection from abuse order from acquiring or possessing firearms when such order provides for
confiscation of the firearms (Exhibit B).
19. Ordinance Sec. 10-838 - Failure to Report Lost or Stolen Firearms. Ordinance Sec 10-838
requires gun owners to report their lost or stolen firearms to law enforcement officials within
twenty-four hours after discovery of the loss or theft. (Exhibit C)
20. Ordinance Sec. 16-306 Firearms and Deadly Weapons in Public Buildings and Facilities.
Ordinance Sec 16 prohibits the carrying of any firearm in or around any City-owned or Cityoccupied facility. (Exhibit D)
21. Ordinance Sec. 10-818 Firearms in Public Places. Ordinance Sec 10-818 prohibits, with
a few exceptions, the carrying of firearms upon the public streets or upon any public property at
any time. (Exhibit E)
22. Ordinance Sec. 10-819(h) State of Emergency. Ordinance Sec 10-819(h) prohibits the
sale, transfer or possession of firearms on the public street or public sidewalks, or in any public
park or square, during a declared emergency. (Exhibit F)
23. Ordinance Sec. 10-834 Responsibility to Avoid Possession and Discharge of Firearms
by Children. Ordinance Sec 10-834, among other things, makes the discharge of any firearm by a
minor under the age of 18 unlawful. (Exhibit G)
24. As the Ordinances seek to regulate the lawful ownership, possession, transfer or
transportation of firearms, ammunition or ammunition components, they violate the General

Case ID: 150101620

Assemblys clear, statewide preemption scheme (18 Pa. C.S. 6120), and established precedent of
the Supreme Court of the Commonwealth Pennsylvania. See Ortiz.
25. Pursuant to 6120, Plaintiff, being a person adversely affected by the Ordinances is
entitled to bring this action on behalf of itself and its members.
Count I
Declaration that the Ordinances are Preempted by 18 Pa. C.S. 6120
26. Plaintiff re-alleges all prior paragraphs of the Complaint herein.
27. The General Assembly has legislated that no county, municipality or township may in any
manner regulate the lawful ownership, possession, transfer or transportation of firearms,
ammunition or ammunition components when carried or transported for purposes not prohibited
by the laws of this Commonwealth. (Uniform Firearm's Act (UFA) June 29, 1939 P.L. 872). See
18 Pa. C.S.A. 6101 et seq.
28. The UFA expressly and unambiguously preempts all local rules and ordinances concerning
the regulation of firearms. See 18 Pa. C.S.A. 6120.
29. Defendants Ordinances seek to regulate the lawful ownership, possession, transfer or
transportation of firearms, ammunition or ammunition components.
30. As detailed above, the regulation of the lawful ownership, possession, transfer or
transportation of firearms, ammunition or ammunition components is preempted entirely by 18 Pa.
C.S. 6120.
31. Accordingly, the Ordinances are specifically preempted by 18 Pa. C.S. 6120 and thus
invalid.
WHEREFORE, Plaintiff asks for:
(a) A declaration and final judgment that Ordinances are preempted by 18 Pa. C.S.A. 6120;

Case ID: 150101620

(b) A permanent injunction restraining and enjoining Defendants and their directors, officers,
agents, affiliates, subsidiaries, servants, employees, and all other persons or entities in
active concert or privity or participation with them from enforcing the Ordinances, and any
other such ordinances not included herein but subject to preemption by 18 Pa. C.S. 6120;
(c) Such nominal, compensatory, and punitive damages as may be available, and for the
mandatory awarding of reasonable expenses, including, but not limited to, attorney fees,
expert witness fees, court costs and compensation for loss of income, as specifically
provided in the newly amended 18 Pa. C.S. 6120(a.3);
(d) Such other legal and equitable relief as the Court may deem just and proper.
Respectfully Submitted,

Jonathan S. Goldstein, Esq.

Case ID: 150101620