The Second Amendment Foundation (SAF) and its partners have filed a response and reply brief with the Pennsylvania Supreme Court in Schmidt v. Paris, a case challenging warrantless searches and seizures from licensed firearms dealers in the commonwealth.
The lawsuit challenges Pennsylvania State Police (PSP) regulation, and County Sheriff policy, that requires an applicant for a license to sell firearms in the state agree to warrantless searches by the State Police, or their designee, to ensure compliance with state law. Furthermore, these inspections would allow regulators to seize license holders or employees for up to two hours, compel them to answer any questions posed, provide documentation, and threatens to revoke their state license to sell firearms for refusing to comply with the demands. SAF is joined in the case by Shot Tec and private citizen Grant Schmidt.
"Selling guns in accordance with state and federal law does not require that a seller waive their other constitutional rights," said SAF Director of Legal Operations Bill Sack. "Warrantless searches of these businesses are unlawful, and particularly egregious when you consider that many FFL dealers run their business out of their private residence."
In passing the Uniform Firearms Act, the Pennsylvania General Assembly included no provision allowing for warrantless searches of firearms dealers. SAF's suit alleges that the PSP's subsequent promulgation of a regulation allowing for such searches, and Montgomery County Sheriff Sean Kilkenny's stated policy of conducting searches of Federal Firearms Licensees absent probable cause, run afoul of the Pennsylvania state constitution.
"These regulations are nothing more than an attempt to thwart the Second Amendment rights of Pennsylvanians," said SAF founder and Executive Vice President Alan M. Gottlieb. "Whether it's in Pennsylvania – or any other state – Americans are allowed to exercise their full constitutional rights without fear of government agencies enforcing frivolous laws. As we have done for more than 50 years, SAF will continue fighting to ensure the Second Amendment is not relegated to a second-class right."
For more information visit SAF.org.
The Second Amendment Foundation (saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group dedicated to safeguarding and promoting the fundamental rights of individuals enshrined in the Second Amendment of the United States Constitution. SAF engages in aggressive legal action to ensure the principles of armed self-defense, personal liberty, and the ownership of arms are defended, secured, and restored. Through public education initiatives, SAF teaches the importance of the Second Amendment to promote a society that values and exercises the right to keep and bear arms.