Appeals Court Decides City Cant Ban Guns From Erie Parks

01.08.14 | Bob Price

A big win Tuesday for the Erie man, who took the city of Erie to court for a city ordinance, which banned the right to carry guns in city parks.

The Commonwealth Court on Tuesday, ruled the city's ordinance is "unlawful and unenforceable." 

It's been a battle for the past 9 months, that all stemmed from an open carry rally, back in April of 2013.

Justin Dillon held the pro-firearms rally in Perry Square, but police cited Dillon and seven other demonstrators who were carrying guns during the rally.
The city said they violated the city's ordinance, which bans guns in city parks.

Dillon though sued the city over that ordinance, saying it violated his Second Amendment rights.

After several court hearings and appeals, the Commonwealth Court of Pennsylvania on Tuesday ruled partly in Dillon's favor.

Finding the city's ordinance from 1970 was "unlawful and unenforceable."

Part of the several-page decision read "The city's unlawful regulation of the lawful possession of firearms shows that a greater injury will occur by refusing to grant the injunction because Section 955.06(b) of the City's Ordinance is unenforceable... the ordinance is, again, unlawful and unenforceable."