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High court dismisses challenge to Wolf shutdown order

  • The Associated Press
The Pennsylvania Judicial Center in Harrisburg is seen on Aug. 19, 2019.

 Ian Sterling / WITF

The Pennsylvania Judicial Center in Harrisburg is seen on Aug. 19, 2019.

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(Harrisburg) — The Pennsylvania Supreme Court dismissed a lawsuit filed by a gun shop that challenged Gov. Tom Wolf’s authority to shutter businesses determined to be “non-life-sustaining,” paving the way for enforcement to begin Monday.

Without comment, a majority of the state’s high court late Sunday denied the petition by a gun shop, a gun purchaser and a law firm to have Wolf’s shutdown order thrown out. The lawsuit had claimed Wolf’s edict violated the Second Amendment right to bear arms and other constitutional rights.

The Democratic governor has ordered all nonessential businesses to close their physical locations indefinitely, saying the measure is needed to help slow the spread of the new coronavirus and prevent hospitals from becoming overwhelmed with COVID-19 patients. Enforcement by state police and other state and local agencies was to begin Monday morning, with violators subject to warnings, fines, license suspensions and even criminal charges.

In a dissenting statement joined by two other justices, Justice David Wecht said Wolf’s order amounts to “an absolute and indefinite prohibition upon the acquisition of firearms by the citizens of this commonwealth — a result in clear tension with the Second Amendment” and the state constitution. He called on Wolf to make some allowance for the in-person sale of firearms.

Pennsylvania health officials on Sunday reported more than 100 new cases in Pennsylvania, for a total of more than 470. Montgomery County said it had confirmed the first coronavirus-related death there, the third reported in Pennsylvania.

For most people, the virus causes only mild or moderate symptoms, such as fever and cough. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia. The vast majority of people recover.

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