Category Archives: Pennsylvania Firearms Law

Montgomery County Sheriff Sean Kilkenny Does Away With Unlawful Local Police Checks for LTCF Applicants!

Newly-elected Montgomery County Sheriff Sean Kilkenny has rescinded the unlawful practice of requiring the Local Police Check Card for License to Carry Firearms (LTCF) applications that was imposed by previous sheriffs. I was alerted to the change in police from a Facebook posting by the Lower Pottsgrove Township Police Department.

Screen Shot 2016-01-27 at 10.24.27 AM

Earlier this month I had sent the new Sheriff a letter asking that he review the policies and practices of the outgoing Sheriff Bono. I specifically requested Sheriff Kilkenny look into the unlawful practice of requiring references on the application as well as the Local Police Check Card.

I had the opportunity to speak with the Sheriff’s Solicitor earlier this morning. He did state that the Sheriff was reviewing the policies and procedures of the office and will be making changes. I was informed they were reviewing the practice of requiring references on the applications.

While new to the position of Sheriff, it appears that Sheriff Kilkenny is wasting no time in reviewing the policies and procedures of the office and making the appropriate changes. Join me in thanking Sheriff Kilkenny in reversing a longstanding unlawful practice that placed an additional burden on individuals in Montgomery County seeking LTCFs.

9 Comments

Filed under Firearms Law, Pennsylvania Firearms Law, Uncategorized

Virginia Reciprocity with Pennsylvania to End on February 1, 2016

As reported by the Washington Post, Virginia Attorney General Mark R. Herring (D), unilaterally, plans to announce Tuesday that Virginia will no longer recognize concealed carry handgun permits from 25 states that have reciprocity agreements with Virginia as of February 1, 2016. Of the 25 state, Pennsylvania is listed as one of them.

As a result, Federal Reciprocity becomes even more important. I previously reviewed the different currently pending Federal Reciprocity Bills in my article –  The 411 on National Reciprocity for Concealed Carry.

Please contact your Representatives and have them support H.B. 986.

 

Leave a comment

Filed under Firearms Law, Pennsylvania Firearms Law

The 411 on National Reciprocity for Concealed Carry

Since the prosecution of Shaneen Allen, there has been a push across the United States for national reciprocity but few are aware of the proposed reciprocity bills. While I have some concerns about national reciprocity (which I review below), it is important to understand the four currently pending bills regarding national reciprocity.

Senate Bill 498, introduced by U.S. Senator John Cornyn (R-Texas) and House of Representatives Bill 923, introduced by U.S. Representative Marlin Stutzman (R-Ind.) are companion bills (meaning that they are identical, at least, when submitted). Currently S.B. 498 has 32 cosponsors and H.R. 923 has 36 cosponsors. These bills would provide that where an individual is not prohibited under federal law from possessing firearms and has license or permit from a state, which includes a photo, that allows him/her to possess or carry a concealed firearm, he/she would be entitled to carry a concealed firearm, pursuant to his/her license/permit, in any state that allows residents of that state to obtain licenses or permits to carry concealed firearms or in a state that does not prohibit the carrying of concealed firearms by residents of that state for lawful purposes. Additionally, the same protections are afforded to a resident of a state where he/she is entitled to carry a firearm absent a license or permit. (This provision is of questionable benefit, since, to my knowledge, all states that have gone to “constitutional carry” still have a mechanism for an individual to obtain a license/permit for purposes of reciprocity). It should be noted that both machineguns and destructive devices are exempt from carrying, pursuant to this bill; however, short barreled rifles/shotguns and Any Other Weapons would seemingly be permitted, since not excluded. Furthermore, all the laws and regulations of the state the individual is in would apply; hence, if a particular state’s laws precluded hollow-point bullets, one could not carry hollow-point bullets in that state, pursuant to this bill.

House of Representatives Bill 402, introduced by U.S. Representative Rich Nugent (R-Fla.) currently has 93 cosponsors. This bill is almost identical to S.B. 498 and H.R. 923 but lacks the inclusion of non-licensed residents of states where the individual is entitled to carry a firearm absent a license or permit. (See above for the questionable benefit of this provision).

And, saving the best for last, House of Representatives Bill 986, introduced by U.S. Representative Richard Hudson (R-N.C.), currently has 183 cosponsors. Similar to H.R. 402, it lacks a provision including non-licensed residents of states where the individual is entitled to carry a firearm absent a license or permit. (See above for the questionable benefit of this provision). Additionally, unlike the other bills, H.R. 986 supersedes state law seemingly in all respects, except for state laws which “permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property” and “prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.”

And if that wasn’t enough to sell you on H.R. 986, it also provides for (1) immunity from prosecution “unless there is probable cause to believe that the person is doing so in a manner not provided for by this section”; (2) the individual’s right to attorney fees, where he/she is prosecuted unsuccessfully; (3) a civil cause of action against any state or political subdivision that deprives an individual of their rights under this bill, where the individual is entitled to damages and attorney fees.

While I support H.R. 986, I have some general concerns about national reciprocity in general, especially in determining, whose laws apply. As I see it, there are five options:

  1. The laws of individual’s state of residence apply. This is extremely problematic as it would require that law enforcement know the 50 states’ laws, when they typically do not even know the laws of the state in which they are employed.
  2. The laws of state the individual is in apply. This has generally been toted as the most practical; however, how is a resident of another state suppose to determine what is lawful and unlawful? I frequently spend 4+ hrs during firearms law seminars just going over Pennsylvania’s law. I cannot fathom how any lay person could possibly comprehend, absent competent legal advice, most states’ laws regarding the carrying and possession of loaded firearms. This, in essence, is no different than requiring that a law enforcement officer know 50 different states’ laws; however, at least the law enforcement officer has training in reading and interpreting the laws.
  3. Hybrid of 1 and 2. My own personal opinion of the best option that is likely (e.g. absent 5 applying) is for each state to be required to make an easily comprehensible guide to their concealed carry laws, where if an individual reasonably relies on the information in the guide to his/her detriment, he/she is immune from prosecution.
  4. Federal law dictates the permitted conduct, such as, an individual carrying pursuant to national reciprocity is restricted to ten rounds, only full metal jacket,…etc. The problem, for me, with this approach is that this would encroach upon states’ rights. While the U.S Government has encroached upon states’ rights for decades, seemingly erasing the 10th Amendment, I have never nor can I support further erosion of the Constitution.
  5. The 2nd Amendment applies! Clearly, if all state laws regulating the possession and carrying of firearms are unconstitutional pursuant to the 2nd Amendment, then there is no erosion of the 10th Amendment, since the states cannot restrict an inalienable right. Unfortunately, most court decisions are not supportive of this position; however, it appears to (largely) be the outcome sought through H.R. 986.

Also, I must note that I have a problem with all of the bills in that they require photographic identification. As our readers are likely aware, I recently filed suit against the U.S. Government for denying my client the right to purchase a firearm because his religious beliefs preclude him from having his photo taken. As none of us are born with photo identification and all states have a mechanism in place for an individual to obtain, for the first time, photographic identification, any law should permit individuals with sincerely held religious beliefs to prove their identity no differently than that required for an individual to prove his/her identity for the first time to obtain photographic identification.

Let us know your thoughts on national reciprocity, which bill you support and why!

6 Comments

Filed under Firearms Law, Pennsylvania Firearms Law

It’s Legal To Carry a Firearm, While Voting!

While I have blogged on the topic extensively, many residents of Pennsylvania are unaware of their right to carry a firearm while voting, unless their polling location is located at a place which prohibited under state law. Accordingly, I did a short video on the right to carry a firearm, while voting. For those interested in a more in-depth review of the general right to carry a firearm while voting in Pennsylvania, see my article – Voting While Carrying a Firearm in PA – It’s Legal!

Carrying while Voting Joshua Prince(Your PA Firearms Attorney® voting in 2013 with a Sig on my right hip)

When Northampton County previously precluded one of my clients from voting, I took action, which resulted in Northampton County now informing all of its voters of their general right to carry a firearm, while voting. http://www.northamptoncounty.org/northampton/cwp/view.asp…|34800|&northamptonNav_GID=1988 declaring

The Pennsylvania Uniform Firearms Act, 18 Pa.C.S.A. Sections 6101 et seq., permits any person permitted to possess a firearm to openly carry or, with a license to carry firearm, to conceal carry the firearm in Northampton County with the exception of elementary schools, secondary schools, or court facilities. No individual shall be precluded from entering a polling location while lawfully carrying a firearm, whether openly or concealed, unless such polling location constitutes an elementary school, secondary school, or court facility. No individual shall be precluded from voting while lawfully carrying a firearm, whether openly or concealed, unless such polling location constitutes an elementary school, secondary school, or court facility. No sign shall be drafted, written, erected, placed, or visibly available at any polling location precluding an individual from entering a polling location or voting while in lawful possession of a firearm.

I cannot stress enough how important it is to vote, regardless of whether or not you carry a firearm. While I believe voting while carrying a firearm is a political statement, the failure of so many citizens to become involved in the political process may result in us losing our right to make any political statement, as evidenced by the current state of our Union.

If anyone precludes you from voting while carrying a firearm, contact our office – 888-313-0416 or info@princelaw.com – so that we can discuss your legal options.

3 Comments

Filed under Firearms Law, Pennsylvania Firearms Law

FICG Sues U.S. Government Over Picture Requirement To Purchase a Firearm

Yesterday, the Firearm Industry Consulting Group, a division of Prince Law Offices, P.C., filed a complaint against the United States and numerous other individuals in the United States District Court, Middle District of Pennsylvania on behalf of Mr. Hertzler, an Amish man, who is being denied his “core right” to purchase and possess a handgun for purposes of self-defense in his home, because federal law requires that he produce identification, bearing a photograph, which violates his core religious beliefs.

Specifically, 18 U.S.C. § 922(t)(1)(c) requires that a Federal Firearms Licensee only transfer a firearm to an individual who produces “a valid identification document (as defined in section 1028(d) of this title) of the transferee containing a photograph of the transferee.” As Mr. Hertzler’s sincerely held religious beliefs preclude him from knowingly and willingly having his photograph taken, Mr. Hertzler is unable to meet the requirements of Section 922(t); thereby, requiring him to either forego his constitutional right to keep and bear arms in defense of himself and his home or violate his religious tenants. Even Pennsylvania law acknowledges Mr. Hertzler’s religious beliefs and provides for non-photo ID and drivers licenses and for the ability of an individual to purchase a firearm with non-photo ID, pursuant to 18 Pa.C.S. § 6111(b)(2). However, federal law fails to include such an exception, in violation of the Second Amendment and the Religious Freedom Restoration Act.

We will keep our viewers apprised as this case proceeds forward

6 Comments

Filed under ATF, Constitutional Law, Firearms Law, Pennsylvania Firearms Law

The Inalienable Right to Stand Your Ground

We are extremely proud to announce the publication of Chief Counsel Joshua Prince and attorney Allen Thompson‘s article – The Inalienable Right to Stand Your Ground – in Volume 27, Issue 1, of the St. Thomas Law Review. You can find a copy here.

Please join us in congratulating them in this monumental endeavor and their steadfast devotion to protecting all of our inalienable rights!

1 Comment

Filed under Firearms Law, News & Events, Pennsylvania Firearms Law

Pennsylvania Firearms Law Seminar – October 24, 2015!

On October 24, 2015, Chief Counsel Joshua Prince and Attorney Eric Winter of Firearms Industry Consulting Group (FICG), a division of Prince Law Offices, P.C., in conjunction with King Shooters Supply, will offer a four (4) hour seminar from 10am to 2pm on state and federal firearms law at their store located at  346 E Church Rd, King of Prussia, Pennsylvania 19406.

The cost is $10 and you must register early, as last time it sold out fast. You can find out further information on King Shooters Supply’s website or on King Shooters Supply’s FB page.  All registrations are to be mailed or dropped off at King Shooters Supply, 346 E Church Rd, King of Prussia PA 19406. If you have questions, please feel free to contact King Shooters Supply at 610-491-9901 .

5 Comments

Filed under Firearms Law, News & Events, Pennsylvania Firearms Law