As our viewers are aware, yesterday, Chief Counsel Joshua Prince of the Firearms Industry Consulting Group, secured a major injunction against the Pennsylvania State Police (“PSP”), which, among other things, precludes the PSP from denying license to carry firearm (“LTCF”) applications by individuals between 18 and 20 years old. Earlier today, we posted about Sheriffs not being able to process LTCF applications because the PSP’s computer system will not allow them to utilize a date of birth of the applicant, where the applicant is under 21 years of age.
As sheriffs in the Commonwealth are in a difficult position, since they lack the ability to issue LTCFs consistent with the Court’s Order, the PA Sheriff Association has provided guidance to all sheriffs across the Commonwealth. Specifically, the guidance provided, states:
[The PA Sheriff Association’s Solicitor’s] opinion is that Sheriffs should accept the application of 18 to 20 year olds and attempt to process the application. If the system will not accept due to the error for the date of birth, he recommends that a screenshot be taken and attached to the application. And, continue to document in like manner if processed at another time.
He does not recommend refusing to accept the application.
This would be effective Commonwealth-wide because this decision is against the PSP commissioner.
We are extremely appreciative of the PA Sheriff Association providing this guidance to our sheriffs and we are sympathetic to the position the PSP has placed them in, when they are required to rely on a computer system under the control of the PSP.
If your state or federal constitutional rights have been violated, contact FICG today to discuss your options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
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.
Any information as of yet as to the statutory 45 day “Approve or Deny” for issuance of the LTCF per PA 18 ss 6109 based upon the submission date of the Application, or whether the 45 days are open to interpretation by some Counties as only counting “Business Days” that do not inclde Weekends / State Holidays / Federal Holidays ?
LikeLike
<
div dir=”ltr”>
<
blockquote type=”cite”>
LikeLike