Justice Department Opens Investigation of Philadelphia Police Department’s Allegedly Unconstitutional Permit Revocation Practices

Today, the Justice Department opened an investigation to determine whether Philadelphia Police use a vague "good cause" standard to cancel permits to carry legal firearms. The U.S. Constitution's Second Amendment protects the civil right keep and bear legal firearms - including the right to legally carry firearms where allowed. The investigation focuses on the Philadelphia Police's permitting system; the investigation does not support any armed obstruction of federal or local law enforcement.

"I have directed the Civil Rights Division, through our Second Amendment Section, to defend law-abiding citizens from local authorities who infringe the right to safely carry legal firearms," said Assistant Attorney General Harmeet K. Dhillon of the Justice Department's Civil Rights Division. "Law-abiding Americans, regardless of where they live, should not have to worry that their city will revoke their means of self-defense."

It is a violation of the Second Amendment for government officials to use vague, personal discretion when determining whether to issue or revoke permits to carry firearms. In 2008, the U.S. Supreme Court, in its landmark decision District of Columbia v. Heller, held that the Second Amendment protects the right of law-abiding citizens to possess weapons that are in common use for lawful purposes. In 2022, the Supreme Court held, in another case, that permitting officials may not base licensing decisions merely on their personal discretion. Here, it is alleged that Philadelphia Police use just such a discretionary standard to improperly limit Second Amendment rights.

The Civil Rights Division's Second Amendment Section enforces the Second Amendment. If you believe your right to keep and bear arms is being infringed, please submit a complaint through https://www.justice.gov/crt/second-amendment-section.