Author Archives: Prince Law Offices, P.C.

Media Release: Attorney Jeffrey A. Franklin to address Pennsylvania Pipelines

Prince Law Offices, P.C. is proud to announce that its Attorney Jeffrey A. Franklin is presenting on March 7, 2015 at the PA Local Government Training Partnership:  New Tools and Opportunities for Advancing Sound Land Use at Albright College on the panel Pennsylvania Pipelines:  Providing an Ounce of Prevention.

Also participating on the panel are Cheryl Auchenbach, Community Planner III, Berks County Planning Commission, Paul Janssen, Director Center for Excellence in Local Government at Albright College and Treasurer and Secretariat, Berks County Water and Sewer Association, and Shannon Rossman, Executive Director, Berks County Planning Commission.

Additional information and registration information is available from http://www.palocalgovtraining.org and http://www.BerksBar.org.

If you have questions about energy facilities including pipelines, please contact Attorney Franklin at JFranklin@PrinceLaw.com or visit our website at http://www.PrinceLaw.com.

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FICG/Prince Law Offices, P.C.’s Eighth Bi-Annual Machinegun Shoot – May, 16, 2015!

Firearms Industry Consulting Group (FICG)®, a division of Prince Law Offices, P.C., will be hosting our eighth bi-annual machine gun shoot at Eastern Lancaster County Rod and Gun Club on May 16, 2015, in celebration of the 2nd Amendment of the US Constitution, Article 1, Section 21 of the PA Constitution and Chief Counsel Joshua Prince’s birthday. Eastern Lancaster Rod and Gun Club is located at 966 Smyrna Road, Kinzers, PA 17535. It will start at 11am and go until 4pm. From 11am until 2:30pm, it will be unsuppressed and suppressed fire. From 2:30pm until 4pm, only suppressed fire will be allowed. Come on out an meet FICG Chief Counsel and your PA Gun Attorney, Joshua Prince, as well as, our other FICG attorneys!

Everyone, over 18 years of age, is welcome to attend. We are sorry but the insurer will not allow anyone under 18 to participate. There will be a small area for observers, under the age of 18, to watch the shoot. The only requirement is that you bring a driver’s license and hearing and eye protection. All attendees will be required to sign a waiver.

There will be several dealers and manufacturers in attendance and which will have some unique firearms for rent that you might not otherwise have an opportunity to shoot. We are still waiting for confirmation of the dealers that will be in attendance and will update this blog, as they confirm. While you are welcome to bring your own firearms and ammunition, it will be up to the owner of the firearm as to whether he/she will permit you to use your ammunition in his/her firearm. The FFLs will be bringing ammunition for purchase, if you need additional or if they require certain types of ammunition to be used in their weapon systems.

Bear Paw Arms will be in attendance.

We expect that several celebrities and politicians will be in attendance. When we are able to confirm their attendance, we will post about who will be attending.

Also, Eastern Lancaster County Rod and Gun will be making food and have drinks available, at extremely reasonable prices. There will be breakfast available again this time starting around 9am! Most attendees at the last shoot couldn’t get over how the Club could make any money on the food sold!

All attendees MUST RSVP. To RSVP via facebook, please go here. If you do not have Facebook or are having difficulty, please contact our Office Manager, Linda Martin, at lmartin@princelaw.com.

We are requiring that each person donate at least $10 to the Eastern Lancaster County Rod and Gun Club for their generous permission to use their range. If you have any questions, please feel free to contact us.

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PRESS RELEASE: Chief Counsel Joshua Prince to be on NBC10’s @ Issue on Sunday!

We are proud to announce that Chief Counsel Joshua Prince of the Firearms Industry Consulting Group, a division of Prince Law Offices, P.C., will be on NBC 10’s @ Issue on Sunday at 11:30 AM discussing Pennsylvania’s recent amendment to our firearm and ammunition preemption statute, known as Act 192. Shira Goodman from CeaseFirePA will also be in attendance.

Tune in to watch Attorney Prince debate Mrs. Goodman regarding Act 192, its validity, and the criminal penalties, since 1974, associated with violating 18 Pa.C.S. § 6120. This is guaranteed to be a show you don’t want to miss!

If you live in a municipality that is violating your rights by regulating firearms or ammunition, contact us today – 888-313-0416 or Info@PrinceLaw.com – to discuss your legal rights! Together, we can ensure that our Article 1, Section 21 and Second Amendment Rights are here for our children.

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PRESS RELEASE: Lawsuit Filed Against City of Harrisburg Regarding Its Illegal Firearm and Ammunition Ordinances

Today, Firearms Industry Consulting Group, a division of Prince Law Offices, P.C., filed an 87 page Complaint, plus exhibits, against the City of Harrisburg, Mayor Papenfuse and Police Chief Carter on behalf of Firearm Owners Against Crime (FOAC) and four individual plaintiffs regarding the City’s illegal and unconstitutional firearm and ammunition ordinances, regulations and policies, including:  3-345.1 – Possession of firearms by minors, 3-345.2 – Discharging weapons or firearms, 3-345.4 – Lost and stolen firearms, 3-355.2 – Emergency measures, and 10-301.13 – Hunting, firearms and fishing. It is docket no. 2015-CV-354-EQ. Unlike the previous complaint that was filed only pursuant to 18 Pa.C.S. § 6120, in this suit, Chief Counsel Joshua Prince argues that the City’s ordinances are violative of 18 Pa.C.S. § 6120, Article 1, Section 21 of the Pennsylvania Constitution, and the Second Amendment to the U.S. Constitution. Accordingly, it is also brought pursuant to 42 U.S.C. § 1983 for deprivation of civil liberties under color of law.

Although the City was provided an opportunity to repeal its illegal ordinances, in direct defiance of the state crime of Official Oppression, as well as, Section 6120, Mayor Papenfuse declared to Penn Live reporter Christine Vendel: “The city’s not going to repeal its ordinances, because our police department feels that they are in the public interest, and I do too.” Further, Police Chief Carter declared that: “officers regularly cite violators for reckless discharge of guns in the city and when minors are caught in possession of firearms.”

Mayor Papenfuse appears to be unaware that the Commonwealth Court in Dillon v. City of Erie, 83 A.3d 467, 473 (Pa. Cmwlth. 2014), already ruled that the City of Erie’s ordinance prohibiting possession of firearms in parks, which is identical to 10-301.13, was unconstitutional and in violation of Section 6120. Further, in Clarke v. House of Representatives, 957 A.2d 361 (Pa. Cmwlth. Ct. 2008), the Commonwealth Court held that the City of Philadelphia’s lost and stolen ordinance was in violation or Article 1, Section 21 and Section 6120.

It is unfortunate that City’s taxpayers will be burdened by the City’s elected officials and law enforcement officers believing it is acceptable, and even gloating, that they are violating the Crimes Code by charging individuals, pursuant to illegal and unlawful ordinances, regulations and policies and refusing to repeal such illegal provisions.

As it is a misdemeanor of the first degree to violate Section 6120, pursuant to 18 Pa.C.S. § 6119, we call upon Dauphin County District Attorney Ed Marsico to bring charges against the City and its representatives for their violations of the Crimes Code, including conspiracy, solicitation, aiding and abetting, official oppression, and Section 6120. It is time that our elected officials be held accountable for their actions.

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Press Release: Pending Litigation Against Municipalities That Violate Section 6120

As many news agencies are reporting on Firearms Industry Consulting Group (FICG) Chief Counsel Joshua Prince‘s letter to the City of Harrisburg, we believe it is important that everyone be aware of some of the issues being overlooked by the reporting.

As of this release, the reporting has failed to reflect that any such ordinance or regulation by a municipality or county is a violation of Pennsylvania’s Crimes Code, even absent the Act 192 amendments. Pursuant to 18 Pa.C.S. 6119, a violation of Section 6120, our state firearm preemption statute, is a misdemeanor of the first degree. This is the highest level misdemeanor that exists in the Commonwealth. In direct violation of the Crimes Code, Mayor Papenfuse has stated “The city’s not going to repeal its ordinances, because our police department feels that they are in the public interest, and I do too,” and Chief Carter said “officers regularly cite violators for reckless discharge of guns in the city and when minors are caught in possession of firearms.” It is unfortunate that our elected officials and law enforcement officers believe it is acceptable, and even gloat, that they are violating the Crimes Code by charging individuals, pursuant to illegal and unlawful ordinances and regulations.

Second, while some claim that such ordinances and regulations are in the best interest of the public, they have failed to show any statistical data that such ordinances and regulations deter/prevent crime or that other state level crimes, enacted by the General Assembly, are insufficient for prosecution. For example, if an individual recklessly discharges a firearm, depending on the circumstances, the individual can be charged with recklessly endangering another person, terroristic threats, aggravated assault and simple assault, all of which have been enacted by the General Assembly, are not prohibited by Section 6120 and carry grading levels of both felonies and misdemeanors. If the ability to charge an individual with a felony is not sufficient to dissuade that individual from committing a crime, clearly a summary offense, the lowest grade criminal charging that exists within the Commonwealth, will be insufficient to deter that criminal.

More importantly, whether it benefits the public is immaterial because the General Assembly has preempted any such regulation, as previously held by the PA Supreme Court and Commonwealth Court. If a municipality or county desires to have the law changed, instead of violating the Crimes Code, it can petition its representatives for such an amendment to the law. Unfortunately, due to municipalities ignoring the dictate of the General Assembly and District Attorneys failing to prosecute those that violate Section 6120, the Legislature was left with no recourse but to enact Act 192.

While we applaud those municipalities and counties that are taking immediate corrective steps to rescind their illegal ordinances and regulations, it is unfortunate that others, such as the City of Harrisburg, City of Philadelphia and City of Pittsburgh, are actively promoting the violation of our Crimes Code. What message does that send to our youth and the public? Is it in the public’s interest to have our youth believe that our elected official are above the law and will not be held accountable? If the concern is truly about the public interest, it is time that our elected officials take responsibility or be held responsible for their actions.

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Chief Counsel Joshua Prince Successful in Having the PSP Overturned 4 Times in One Day!

Today, we received notice in four separate matters that the determinations of the Pennsylvania State Police (PSP) were being overturned by an Administrative Law Judge (ALJ) appointed by the Attorney General. Attorney Joshua Prince, Chief Counsel of the Firearms Industry Consulting Group (FICG), a division of Prince Law Offices, P.C., represented the four individuals in their appeals from the PSP. These unrelated matters included two occasions, where the PSP refused to accept an out-of-state expungement/set-aside as relieving the individual’s firearm disability, one where an individual was stripped of his right to bear arms during probation, where the court had not ordered such restriction and one where the PSP contended the appeal was untimely, when the individual never received notice of the determination as required by law, even though the PSP conceded that the individual was not prohibited.

We wish to congratulate Attorney Prince on these successes and ensuring that our right to keep and bear arms shall not be infringed.

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Hearing Date Scheduled for Preliminary Objections to the Perry County Auditor’s Complaint

On July 21, 2014, Huntington County President Judge George Zanic issued an Order in Barbara Hench, et al (Perry County Auditors) v. Sheriff Carl Nace, docket no. 2014-454, directing that the Auditors are to file a brief in response to Sheriff Nace’s Preliminary Objections on or before August 21, 2014 and the hearing on the Preliminary Objections is scheduled for August 28, 2014, at 10:30am in Courtroom #2 of the Perry County Courthouse.

You can download a copy of the Order – here.

You can find a copy of the Preliminary Objections – here.

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