Category Archives: Firearms Law

Senate Bill 623 – Amending the Mentored Hunting Program

Senate Bull 623 is an amendment to the Pennsylvania Mentored Hunting Program, which was recently passed by the Legislature and is currently awaiting Governor Corbett’s signature.

In 2006, the Pennsylvania Game Commission launched the Mentored Youth Hunting Program in order to “create expanded youth hunting opportunities while maintaining safety afield.” Senate Bill 623 would greatly expand the mentored hunting program to include all new hunters.

Senate Bill 623 deletes the term “youth” in all references to the mentored hunting programs. This would allow any new hunter, as part of a mentored hunting program, to essentially “test the waters” before applying for a hunting license, which requires passage of the Hunter-Trapper Education course. Mentored hunters are still required to purchase a $2.70 permit, which grants the mentored hunter a tag for one antlered deer and one spring gobbler. The bill does limit the amount of time a person can remain in the mentored hunting program, however: hunters 17 years of age and older may only remain in the program for a total aggregate of three license years.

The specific exemptions granted to mentored hunters can be found in 34 Pa. C.S. § 2711(a)(1), (3), (5), and (8) and include exemptions for mentored hunters from the license requirement, prohibitions on transferring licenses, tagging requirements (provided they pay the $2.70 for mentored hunter tags), and, of course, the age limitations. The bill does not change the requirements for mentors, however. They are still required to be licensed hunters aged 21 years or older.

 

Written by Allen Thompson, reviewed and approved by Attorney Joshua Prince

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ATF’s 3-D Printing Technology Release Lives

As some of you are aware, on May 8th, 2013, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) posted a press release entitled “3-D Printing Technology of Firearms” at https://www.atf.gov/sites/default/files/assets/pdf-files/atf-qa-on-3d-gun-priniting.pdf  but by early May 9th, the website section was taken down. Blogger David Hardy had posted about this issue on his blog Of Arms and the Law. Unfortunately, he had not downloaded a copy before it was removed.

I was originally able to obtain a cached copy of the ATF’s press release here. Then, thanks to C.D. Michel (Chuck) of Michel and Associates, I received a copy of the actual pdf press release, which you can find here.   I have not had an opportunity to fully review the press release but wanted to make sure that everyone has a copy. Since it was so quickly removed, I am sure there is some reason that the ATF did not want it published. As I get time to review it, I will post further comments.

 

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FICG Files Amici Curiae Brief in Beaver County Sheriff LTCF Revocation Case

Firearms Industry Consulting Group, a division of Prince Law Offices, P.C., is proud to announce that Chief Legal Counsel, Attorney Joshua Prince, has submitted an Amici Curiae brief on behalf of FICG in the matter of McKee v. Beaver Co. Sheriff David.

Sheriff David, in violation of the due process requirements and local agency law, allegedly revoked Mr. McKee’s License to Carry Firearms (LTCF) without hearing or opportunity to be heard and without providing Mr. McKee with the specific reason for revocation, as required by 18 PA.C.S. 6109(i) and the Commonwealth Court’s holding in Caba v. Weaknecht, 318 C.D. 2012.

FICG’s Amici Curiae brief is in support of Mr. McKee’s position that the revocation should be deemed invalid, due to the violations of the due process requirements. FICG also informed the court of the cost provisions contained in 18 PA.C.S. 6114 and requested that the court consider ordering Sheriff David to pay all of Mr. McKee’s costs in relation to litigating the invalid revocation.

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Northampton County Deciding Whether to Call References on License to Carry Firearms Applications

As some of you are aware, recently, Northampton County Executive John Stoffa announced that he would request that the County Council consider whether it should hire more employees at the Sheriff’s office to call references on License to Carry Firearms (LTCF) Applications. In response, I filed a letter with Sheriff Miller, Executive Stoffa, the County Solicitor, the Pennsylvania State Police and the contacted state representatives informing them that any contact of a listed reference is in violation of 18 PA.C.S. 6111(g)(3.1) and 6111(i).

Reporter Shortell published a follow up article regarding my letter, where County Solicitor Spengler apparently informed him that, “the county Solicitor’s Office received Prince’s letter and is reviewing its options. Spengler said he found it odd that the law would grant deputies the ability to investigate a person’s character but then ban them from asking people about it.” Solicitor Spengler was then quote as saying, “I would say the law is vague.”

Anyone who believes 6111(g)(3.1) or 6111(i) are vague, please contact me and explain how the statutory section could be anymore clear. As stated in my letter, 6111(i) even includes that disclosure of the “name” or “identity” is a violation of the law. I find it extremely telling that while the PSP’s  Captain who oversees the state’s background checks was previously happy to speak with Reporter Shortell regarding this situation, stating  “it is up to individual sheriffs and counties to determine whether reference checks are necessary for license-to-carry-concealed-firearm permit applications,” the PSP has now declined to comment…

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Tilden Township Passes 2nd Amendment Preservation Resolution!

Following a number of other municipalities that have enacted similar resolutions, Tilden Township has also passed a 2nd Amendment Preservation Resolution. While I do not yet know the specifics of when it was passed and whether it was a unanimous vote, I will update this blog as more information becomes available. You can find a copy of the Resolution here.

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FICG is Proud to Announce that it Represents Larry Vickers of Vickers Tactical, Inc.

Firearms Industry Consulting Group (FICG), a division of Prince Law Offices, P.C., is proud to announce that it represents Larry Vickers of Vickers Tactical, Inc. and Tac-Tv.

It is an honor and privilege to represent a true American Patriot, who not only served his country, but served on the elite Delta Force unit. Larry was one of 23 members of Delta Force who rescued CIA operative Kurt Muse from Modelo Prison in Panama City, Panama, in Operation Just Cause. With more military awards and recognitions than one can count, Larry left the military to train individuals and top-class military professionals, through his company, Vickers Tactical Inc. He is also the star of his TV Show, Tac-Tv.

FICG is excited in this unique opportunity to represent a true American Patriot and legend in the firearms industry.

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Chief Kessler to Run for Sheriff of Schuylkill County!

Today, on the Republic Broadcast Network’s Rank and File with Chief Kessler, Second Amendment Friday, I had the honor of hosting the show, while Chief Kessler was out fighting the good fight. However, Chief Kessler found time to call in and announce that he will be running for Sheriff of Schuylkill County! While running as an independent, he will be bring much needed change to the Sheriff’s Department of Schuylkill County.

I encourage all my viewers to support him in his candidacy and, if possible, provide donations to his campaign. You can find out more about him on his website, www.ChiefKessler.com.

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Northampton County Sheriff’s Department Discloses Confidential License to Carry Firearms Applicant Information!

Firearms Industry Consulting Group (FICG), a division of Prince Law Offices, P.C., has recently learned that the Northampton County Sheriff’s Department has disclosed certain License to Carry Firearms (LTCF) Applicant information and we are prepared to represent those aggrieved, like those in Philadelphia, who had their LTCF information disclosed.

According to The Morning Call, the Northampton County Sheriff’s Department has disclosed confidential LTCF information of at least one, if not more, LTCF holders in Northampton.

The Morning Call reports that, “A Northampton County deputy sheriff was charged Thursday with illegally providing a confidential firearms permit application to a West Easton councilwoman, a leak that has captured widespread attention in the local blogosphere.” Reporter Riley Yates confirms that the councilwoman is Tricia Mezzacappa, a political candidate for County Council and West Easton Council.  The article also seems to suggest that numerous other individuals may have been involved and request that Deputy Darin Ray Steward obtain the information for them.

Section 6109(i) provides, “(i) Confidentiality.– All information provided by the potential purchaser, transferee or applicant, including, but not limited to, the potential purchaser, transferee or applicant’s name or identity, furnished by a potential purchaser or transferee under this section or any applicant for a license to carry a firearm as provided by section 6109 shall be confidential and not subject to public disclosure. In addition to any other sanction or penalty imposed by this chapter, any person, licensed dealer, State or local governmental agency or department that violates this subsection shall be liable in civil damages in the amount of $1,000 per occurrence or three times the actual damages incurred as a result of the violation, whichever is greater, as well as reasonable attorney fees.”

Some of you may remember that in August of 2012, the City of Philadelphia disclosed LTCF Applicant information and FICG filed a class action lawsuit against the City, departments and individual involved. We are prepared to represent those Northampton County LTCF holders that have been aggrieved by the action of the Sheriff’s Department and it’s failure to properly control the dissemination of LTCF information. If you have a Northampton County LTCF, or know someone who does, please feel free to contact us, so we can discuss your potential legal options.

 

 

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Firearms Law Seminar – May 11, 2013 – in Support of Jim Smith for Berks County Judge!

On May 11, 2013, from 10am to 2pm, Attorney Joshua Prince from the Firearms Industry Consulting Group, a division of Prince Law Offices, P.C., will present on federal and state firearms law issues at Berks Fire Water Restorations, 350 Bern Street, Reading PA 19601. This seminar is being offered in support of Jim Smith’s campaign to become a Judge in Berks County and requires a donation of $25 to the Friends of Jim Smith. All attendees must RSVP by May 1st, 2013. You can find the flyer and registration information here.

Attorney Prince will discuss everything from the types of firearms that we can own in PA, to what constitutes a prohibited person under state and federal law, to firearm estate planning, to use of force in a self-defense situation. There will also be a question and answer period for anyone to ask any questions that they may have. How often do you get unfettered access to firearms legal advice for a 4 hour period, for a mere $25?!?!

This is your opportunity to learn about Pennsylvania and Federal Firearms Law, have all your questions answered and support Jim Smith for Judge! Make sure to sign up as soon as possible, as the venue does have capacity restrictions and it will be on a first come, first serve basis.

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PRESS RELEASE: Second Amendment Friday with Chief Kessler and Attorney Joshua Prince

Firearms Industry Consulting Group (FICG), a division of Prince Law Offices, P.C., is proud to announce that Attorney Joshua Prince will be co-hosting Police Chief Kessler’s radio show, Rank and File with Chief Kessler on the Republic Broadcast Network, every Friday from 11am to 12pm, starting April 19th, 2013. The title of the Friday shows will be “Second Amendment Friday with Chief Kessler and Attorney Joshua Prince.” You can call in at 800-313-9443.

On a daily basis, Gilberton Police Chief Mark Kessler’s show, Rank and File with Chief Kessler, discusses all issues relating to the 2nd amendment, how and why elected or appointed officials violate their oath of office or duty, how one person’s actions can change the course of history, and all other issues relating to the trampling of our civil liberties. On Fridays, Chief Kessler and Attorney Joshua Prince will be discussing state and federal firearms law issues, political issues, and everything relating to Pennsylvania and Federal firearms issues.

Tune every week to stay informed of the issues you need to be aware of in relation to your rights as a gun owner and a Patriot!

 

Disclaimer: Attorney Joshua Prince is only licensed in the state of Pennsylvania and can only give legal advice on Pennsylvania and federal issues. This program is designed to provide accurate and authoritative information with regard to the subject matter covered. This information is given with the understanding that neither the host nor guest is engaged in rendering legal, tactical or other professional advice. Since the details of your situation or issue are fact dependent, you should additionally seek out the services of a competent professional.

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