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.
On August 11, 2014, the Pennsylvania Sheriffs’ Association filed an Amended Petition for Leave To Participate Amicus Curiae and now includes an additional twelve (12) State Representatives. You can download a copy of the Amended Amicus Petition – here.
I was also informed, but have not yet received the notice, that the hearing has been continued to September 2, 2014 at 1:30PM.
On August 7th, the Pennsylvania Sheriffs’ Association, which represents 67 county sheriffs in Pennsylvania, filed a Petition for Leave to Participate Amicus Curiae in support of Perry County Sheriff Nace, in the matter of Barbara Hench, et al. v. Sheriff Carl Nace, 2014-454. The Petition and accompanying brief is joined by some 41 Federal and State Congressional Representatives and pro-Second Amendment organizations. You can find a copy of the Petition and accompanying brief – here.
Some interesting points are:
- The PA Sheriff Association agrees with our Preliminary Objections that the Perry County Auditors are not acting within their official scope, as they are requesting that Sheriff Nace violate the law.
- They correctly argue that even if the Perry County Auditors aren’t public, the information still cannot be disclosed to them because they are not “criminal justice agencies.”
- They suggest that numbers could be utilized, in lieu of names and addresses, to identify the applicants.
- They cite to our proposed settlement in John Doe, et al v. City of Philadelphia, et al.
I have a feeling that this week will be full of news about this litigation…Stay tuned
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.
I am proud to announce that a settlement has been reached with the City of Philadelphia in the matter of John Doe, et al., v. City of Philadelphia, et al, Philadelphia Court of Common Pleas docket no. 121203785, stemming from the City’s posting and disclosing of what we alleged was confidential license to carry firearms (LTCF) information. You can download a copy of the Press Release – here. This was a collaborative effort between Benjamin R. Picker, Esquire of McCausland Keen & Buckman, Jonathan Goldstein, Esquire of McNelly & Goldstein, LLC, Jon Mirowitz, Esquire, and myself.
As a result of the Settlement, the City will pay $1.425 million to the class and will be separately responsible for the costs of administering the settlement. Further, and of similar importance, the City has agreed to a number of policy changes, which can be found starting on page 11 of the Settlement Agreement, including:
- Not to disclose LTCF applicant information either electronically or in-person;
- Annual training of the Philadelphia Police Department and Philadelphia License and Inspection Board of Review on the confidentiality of LTCF applicant information;
- Customer service training for the Philadelphia Gun Permit Unit;
- Posting a copy of the LTCF Application Notice on its website and where LTCF applications and appeals can be submitted or obtained, as well as, providing a copy to anyone who has his/her LTCF denied or revoked;
- The City will not require references on the LTCF application and will not contact any references listed on the LTCF application;
- The City will not require lawful immigrants or US Citizens with a US Passport to provide naturalization papers;
- The City will not require any applicant to disclose whether he/she owns a firearm during the LTCF application process;
- The City will not deny an application because the applicant answered “no” to any question regarding whether the applicant had been charged/convicted of any crime where the applicant received a pardon or expungement from the charge or conviction;
- The City will process all LTCF applications within 45 calendar days;
- The City will remit $15.00 to any applicant who is denied within 20 days;
- The City will not require LTCF applicants or holders to disclose to law enforcement that they have an LTCF, that they are carrying a firearm or that they have a firearm in the vehicle; and
- The City will not confiscate an LTCF or firearm, unless there is probable cause that the LTCF or firearm is evidence of a crime. In the event an LTCF or firearm is confiscated, the officer must immediately provide a property receipt, which shall include the pertinent information
A copy of the signed and filed Settlement Agreement can be downloaded – here. Philadelphia Court of Common Pleas Judge Jacqueline Allen has signed an Order preliminarily approving the terms of settlement, which you can download – here. A copy of the Second Amended Complaint can be downloaded – here.
For those of you following the declaratory action that was filed against Perry County Sheriff Carl Nace by the Perry County Auditors, Firearms Industry Consulting Group (FICG) Chief Counsel Joshua Prince has filed preliminary objections to the Complaint on behalf of Sheriff Nace. You can download a copy of them – here. When a hearing date is set, we will let you know, so that you can come out and support Sheriff Nace!
Trop Gun Shop is hosting a Networking Meet & Greet in their new Club at the Trop Gun Shop, 910 North Hanover St. Elizabethtown, PA 17022, on Monday, July 14, 2014, from 5-7pm. This is a great opportunity to come out, check out the new club, state-of-the-art indoor range and Trop Gun Shop, while networking with like-minded individuals. I will be there, as well as others from the Firearms Industry Consulting Group, a division of Prince Law Offices, P.C.
The event is RSVP. If you would like to attend, please contact Karen Diehl, Club Liaison, at 717 367-5585 x 1104 or firstname.lastname@example.org. I look forward to seeing all of you out there!