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PHILADELPHIA - The Justice Department opened an investigation on Tuesday, June 9, into whether the Philadelphia Police Department used a vague "good cause" standard to cancel permits for carrying legal firearms, according to a Justice Department press release and official letter to city leaders.
Federal investigation targets Philadelphia’s firearm permit process
What we know:
The Justice Department’s Civil Rights Division is reviewing Philadelphia Police Department policies and practices for issuing and revoking licenses to carry firearms. Officials say the investigation will focus on whether the department’s use of personal discretion violates the Second Amendment and the Fourteenth Amendment.
The investigation will also look at how the department enforces Pennsylvania’s Uniform Firearms Act.
"Law-abiding Americans, regardless of where they live, should not have to worry that their city will revoke their means of self-defense," said Assistant Attorney General Harmeet K. Dhillon in a press release.
The Justice Department says it will seek input from city officials, police, and individuals who have interacted with the department’s permitting system.
Timeline:
The Justice Department notified Mayor Cherelle Parker, Police Commissioner Kevin J. Bethel, City Council President Kenyatta Johnson, and City Solicitor Renee Garcia of the investigation on Tuesday, June 9.
Officials say they will notify the city when the investigation is complete and share their findings with the public if violations are found.
If the Justice Department finds a pattern of constitutional violations, it will first try to work with the city to fix the issues. If no agreement is reached, the Attorney General could bring the case to federal court.
The Justice Department emphasized that the investigation does not support or condone any armed criminal activity or obstruction of law enforcement.
The backstory:
The Justice Department cited Supreme Court decisions from 2008 and 2022 that limit the use of personal discretion in firearm permitting.
The investigation comes after allegations that Philadelphia Police may be using discretionary standards to improperly limit residents’ rights to carry legal firearms.
The Civil Rights Division’s Second Amendment Section enforces protections for citizens’ rights to keep and bear arms.
The department encourages anyone who believes their rights are being infringed to submit a complaint online.
The Justice Department says it has resolved most past civil rights investigations without going to court, working with local governments to address violations.
What we don't know:
It is not yet clear how long the investigation will take or what specific changes, if any, may result in Philadelphia’s firearm permit process.
The Justice Department has not reached any conclusions about whether the Philadelphia Police Department violated constitutional rights.
The Source: Information from a Justice Department press release and official letter to Philadelphia city leaders.