The Brady Center is offering legal aid to the Lebanon County sheriff, in a one million dollar lawsuit that Ms. Hain plans to file against him. I have not seen the case, but given that it’s being filed in federal court, I’m guessing it’s a section 1983 suit.
One could easily dismiss this as a desperate ploy for attention by the Brady Center, but I don’t think so. Based on commentary I’ve seen in local news articles surrounding this suit, the communities are rather outraged about the suit. This was an opportunity for them to be seen in a positive light by folks in what normally is a part of the state not entirely warm to their cause. Their involvement is strategic, and I think this was smart for them. They see an opportunity to benefit themselves, and damage us, and I think that opportunity is there.
Taking a 1983 suit into federal court, based on the Second Amendment, and relating to concealed carry, is an incredibly unwise move at this point in time. This could possibly set precedent for the entire Third Circuit, and possibly the entire country if it’s willing to go far enough. If we’re going to challenge arbitrary licensing, I think there are better examples of that than Pennsylvania’s concealed carry law. A mom openly carrying to a kids soccer game would also not be my first choice of plaintiff for the case. We also don’t even have definitive incorporation of the Second Amendment at this point in time.
If this case goes forward, it’s likely to end badly for us, and will stick us with bad precedent that could be very difficult to overcome. Keep in mind that New Jersey is also in the Third Circuit, and has a number of very bad and arbirary licensing guidelines, even relating to guns in the home. I’d hate to screw future cases over a lawsuit where I don’t think the issue is ripe.
