Category Archives: Pennsylvania Firearms Law

by | May 19, 2013 · 12:15 pm

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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by | April 28, 2013 · 8:50 pm

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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by | · 3:31 pm

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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by | April 25, 2013 · 3:14 pm

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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by | April 19, 2013 · 11:08 am

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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by | · 8:14 am

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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by | April 12, 2013 · 8:29 am

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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by | April 3, 2013 · 12:10 am

NEWSFLASH: Feds Actually Put Gun Tax Revenue to Good Use

Recently, there have been several politicians who have attempted to introduce bills aimed at curbing our 2nd Amendment rights. Many of these bills are either absurd, frivolous, unconstitutional, or seek to impose draconian punishments for even trying to otherwise lawfully possess firearms and ammunition.

One of the current tactics for anti-gun politicians at both the state and federal levels is to attempt to impose prohibitively high taxes on firearms and ammunition for the sole purpose of preventing the people from owning such items.

Of course, the government has long since perfected its habit of taxing us out of our rights, but we can more effectively oppose such new measures with even a little knowledge. For example, how many of our blog followers are aware that we already pay a federal tax of 10% on all new handgun purchases? How many know that we pay a federal tax of 11% on all other new guns and ammunition? Not many, I bet.

These are hidden, embedded excise taxes that not even the politicians whining about taxing our guns and ammo know exist.

The good news is that all the revenue collected from these taxes goes into the U.S. Wildlife Restoration Account. This account is managed by the U.S. Fish & Wildlife Service, which grants its funds to the states to restore, conserve, manage and enhance wild birds and mammals and their habitats. The Service’s projects also include providing public use and access to wildlife resources, hunter education & development programs, and funds for the management of shooting ranges.

The statutory authority for such a program can be found in the Wildlife Restoration Act of 1937.

The least the federal government can do when it taxes our guns and ammo is to put that money to good use, right? Here we are sustaining our own hobbies and ways of life with every purchase. Surprised? I was.

Spread the word that your new guns and ammo are already taxed enough, and that you help hunters and shooters every time you make such purchases. If one of your “representatives” tries to impose higher taxes on your firearms and ammunition purchases, oppose them and tell them that you already pay too much tax on those goods. However, at least you can be satisfied that you are providing a “sustainable economy” for hunting and shooting. Not many participants of other activities are shown the same modicum of respect when their favorite goods and activities are taxed!

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by | March 19, 2013 · 12:54 pm

New Britain Borough Council Passes 2nd Amendment Preservation Resolution!

On March 12th, 2013, the Borough of New Britain passed a 2nd Amendment Preservation Resolution, which I understand was almost identical to first 2nd Amendment Preservation Resolution that was passed  by Gilberton PA, after being introduced by Police Chief Mark Kessler. I understand the Council’s vote was a 5-2 vote in favor of enacting the Resolution. As soon as I obtain a copy of the Resolution, I will post it.

This makes New Britain one of many municipalities that have recently passed 2nd Amendment Preservation Resolutions, including:

  1. Gilberton PA;
  2. Frackville, PA;
  3. East Coventry Township;
  4. and even Susequehanna County;

Now, we just need HB 357 to be passed, so that we have a statewide 2nd Amendment Preservation Resolution!

I will continue to keep you apprised as other municipalities enact 2nd Amendment Preservation Resolutions.

UPDATE: A copy of the resolution can be found here.

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by | March 11, 2013 · 9:11 pm

East Coventry Township Joins the Growing List of Municipalities Enacting 2nd Amendment Preservation Resolutions!

Tonight, the Board of Supervisors of East Coventry Township enacted a 2nd Amendment Preservation Resolution, which was introduced by Supervisor Michael Moyer. While I do not currently have a copy of the enacted Resolution, I assume I will have a copy shortly and will post it here. Also, I do not at this time know whether it was a unanimous vote but I hope to provide that information in the near future.

East Coventry Township is one of a growing number of municipalities to enact 2nd Amendment Preservation Resolutions. Only about two weeks ago, Susquehanna County enacted a 2nd Amendment Preservation Resolution. Hopefully, Berks County will also pass such a resolution.

I will continue to keep all of you apprised as more municipalities and counties pass 2nd Amendment Preservation Resolutions.

UPDATE: You can now download a copy of East Coventry Township’s 2nd Amendment Preservation resolution here. Also, I understand that the vote was a 4-0 vote, with Chairman Ray Kolb abstaining.

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