Summary
Justice Wecht issued a concurring and dissenting statement concerning an emergency application challenging Pennsylvania Governor Tom Wolf’s COVID-19 business-closure order. He agreed that the challenge based on attorneys’ inability to practice had been mooted by subsequent clarification, but concluded that the order’s failure to accommodate licensed firearm dealers effectively prohibited firearm transfers and burdened rights protected by the Second Amendment and the Pennsylvania Constitution. Justices Donohue and Dougherty joined the statement.
Questions Presented
- Whether the challenge based on attorneys' inability to practice law was moot after the Governor issued a subsequent clarification.
- Whether the Governor's closure order, as applied to licensed firearm dealers, effectively prohibited retail firearm transfers in a manner that substantially burdened rights protected by the Second Amendment and Article I, Section 21 of the Pennsylvania Constitution.
Disposition
other
Cases Cited (3)
- District of Columbia v. Heller, 554 U.S. 570 (2008)(followed)
- McDonald v. City of Chicago, 561 U.S. 742 (2010)(followed)
- Bateman v. Perdue, 881 F. Supp. 2d 709 (E.D.N.C. 2012)(persuasive)
Cited In (0)
No citing cases on record yet.
Court Document
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