Firearm Owners Against Crime v. Lower Merion Township

DISSENTING OPINION BY

SENIOR JUDGE PELLEGRINI

I respectfully dissent because the trial court had an “apparently reasonable basis” to refuse to issue a preliminary injunction1 to declare invalid a 2011 township ordinance dealing with guns in its parks, and no action for a civil penalty has been brought under our restrictive scope of review which forecloses inquiry into the merits of the controversy. Even on the underlying merits, the majority gets it wrong as our case law is clear: a local government can control, like every other property owner, what takes place on its property. The net result…