Today, I received a faxed Order from the Commonwealth Court simply stating, “AND NOW, this 5th day of December, 2013, argument in the above-captioned matter, currently scheduled for December 11, 2013, on the En Banc Argument list at Harrisburg, is cancelled and this appeal shall be decided based on the briefs previously filed.”
The reason for the Court cancelling oral argument is unknown. One theory is that although the Court previously denied our Motion to Clarify the Issues on Appeal due to the City’s failure to address the issues raised in our brief, as well as denying the City’s Motion to Amend its Brief, the Court found that the City had waived any argument contrary to those raised in our brief and therefore, there was no reason for oral argument.
While some may argue that such is supported by the language in the Order – “this appeal shall be decided based on the briefs previously filed” – I believe that language to be the form language used by the Court in such orders. Therefore, I would not read too much into it.
Nevertheless, the twist and turns of this case during the appeal is intriguing. Originally, the case was scheduled for a hearing before a three judge panel in Pittsburgh. The Court, sua sponte, cancelled that hearing and directed that the case was to be heard en banc in Harrisburg on December 11th. Now, after believing that en banc oral argument was necessary, the Court has cancelled all oral argument.
We have no idea as to when a decision will be issued by the Court and will continue to keep everyone advised as this matter progresses.
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
View all posts by Joshua Prince, Esq.
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