Florida Enacts Individual Liability for Violations of Firearm Preemption but Will Pennsylvania Follow Suit?
Effective October 1st, 2011, Florida has enacted individual liability for violations of its firearms preemption laws but will Pennsylvania follow suit? Similar to Pennsylvania, since 1987, Florida law contains a preemption statute which prohibits any county, municipality, or township from enacting any regulation, policy or ordinance that limits the ownership, possession, and transfer of firearms. Pennsylvania’s preemption statute can be found at 18 Pa.C.S. 6120 .
Similar to Pennsylvania’s preemption statute, Florida’s preemption statute, prior to this new legislation, lacked any form of enforcement mechanism, as there was no penalty for non-compliance. That all changed with Florida’s HB 45, which now provides for individual liability of $5000 for any public official who passes or enforces gun regulations contrary to the statute. The Governor also has the power to remove any public official for enacting or enforcing any local gun laws.
But, will Pennsylvania follow suit? Representative Metcalfe has already proposed a similar amendment to PA’s preemption statute, known as HB 1523. If enacted, this would provide for the reimbursement of actual costs and reasonable attorney fees of the aggrieved party. Moreover, depending on whether the municipality rescinds the ordinance prior to a court decision or goes to decision, the municipality will have to pay two to three times the sum of the actual damages, reasonable attorney fees, and costs.
If you have questions about Pennsylvania’s preemption law or live in a municipality that is unlawfully enacting ordinances or regulations limiting your right to keep and bear arms, contact me today to discuss your issue.
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
View all posts by Joshua Prince, Esq.
Prince Law Offices Blog 