Last night, at approximately 7:08 PM, the Council Members for the Borough of Gilberton, PA, unanimously voted in support of enacting Police Chief Mark Kessler’s proposed 2nd Amendment Preservation Resolution. A signed and sealed copy of the Resolution is available here – Gilberton 2A Preservation Act.
The Resolution provides, “All federal, state or local acts, laws, orders, rules or regulations regarding firearms, firearms accessories or ammunition are a violation of the 2nd Amendment along with Article I, section 21 of the Pennsylvania Constitution and in violation of this resolution.”
It continues on, “The Council of the Borough of Gilberton within the state of Pennsylvania recognizes that all Federal, State or Local acts, laws, orders, rules, regulations – past, present or future – in violation of the 2nd Amendment to the Constitution and/or Section 21 of the Constitution of Pennsylvania are not authorized by the Constitution of the United States and/or Constitution of Pennsylvania and violate its true meaning and intent as given by the Founders and Ratified, and are hereby declared to be invalid within Gilberton Borough and all of its boundaries…and shall be considered null and void and of no effect in the Borough of Gilberton.”
I would encourage all of our viewers and clients to let the Gilberton Council know that you appreciate its decision to support the Constitution! Hopefully, its enactment of this Resolution will be the starting point for a national discussion on how legislative and judicial activists believe they can limit a Constitutional Right, without a formal Constitutional Amendment.
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 
Marvelous! Kudos to the Sheriff and town council for having the guts to make a stand. This is the type of leadership we need at State and Federal level.
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Dan, I know that the police chief, Captain Kessler, and the town council presented and passed this. The people must insist that the county’s sheriff also supports this.
Frank Young
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Hats off to Gilberton Borough Council, Mayor,Sheriff, residents of Borough of Gilberton, and anyone else involved for passing the Second Amendment Preservation Resolution. I’m impressed with all of you for standing up for your principles.
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I thought it was just the police chief and mayor, but I see that the whole damn town is full of lunatics. Do you really believe the residents of Gilberton have the right to own RPG launchers, M-16s, Browning 50 caliber machine guns, and/or nuclear weapons? SCOTUS has ruled that certain limitations on arms are in keeping with the 2nd Amendment and, as a lawyer, you know that SCOTUS is the final arbiter of everything related to the Constitutino of the U.S. Don’t you? Seriously, don’t you? If not, you should be disbarred immediately.
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Yes, We the People do have the right to own machine guns, silencers, short barreled rifles/shotguns, and destructive devices. First, the Second Amendment is abundantly clear in its language “shall not infringe.” “Reasonable restriction” is not found anywhere in the Second Amendment. Further, the Bill of Rights is a listing of inalienable rights that cannot be limited by any Government. The Government does not give us these Rights; rather, they are bestowed upon every living person and cannot be limited by a Government. In this vein, no court has the right to limit any of the Rights listed in the Bill of Rights, including the Second Amendment. Additionally, to those that believe the Constitution is a “living, breathing document,” please explain why the Founding Fathers provided an amendment process, if the Constitution was intended to simply evolve. There would be absolutely no purpose, because it would simply evolve into whatever was deemed to be appropriate at that time. I took an oath to uphold the Constitution, not uphold violations of the Constitution. Therefore, I will continue to fight for our inalienable right to keep and bear arms, without restriction.
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Terrific, then I should be able to have 10 wives, I, also should be able to yell “fire” in a crowded theater.
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