Firearms Industry Consulting Group (FICG), a division of Prince Law Offices, P.C., is proud to announce that the Amicus Curiae Brief of Chief Counsel Joshua Prince assisted Appellant Dennis McKee in securing a victory in his license to carry firearms (LTCF) revocation by Beaver County Sheriff David.
In a 33 page Opinion, Judge Tesla overruled the revocation of Sheriff David and ordered the reinstatement of Mr. McKee’s LTCF. Judge Tesla specifically held
After review of the record, the Court does not believe our forefathers meant that an individuals right to keep and bear arms under the 2nd amendment [sic] or Article 1 Section 21 require that a citizen is unable to express his or her views or is gagged, in order to be licensed to a carry firearms under 18 Pa. C.S.A. Section 6109. Nor should a lawful citizen, who has no prior record, and been issued a license to carry firearms for 35 years, have his license revoked based on hearsay statements that have not been substantiated by investigation of the Sheriff’s Office or the evidence introduced at the De novo hearing. The Court finds that the Sheriff’s conclusion that McKee has a reputation and character that it [sic] is likely that he will act in a manner dangerous to the public is based solely on incorrect information, hearsay and speculation. The Court sustains the appeal of the revocation of his license filed by Dennis McKee and enters the attached Order.
Some of the most interesting aspects of the decision are the heavy reliance on Caba v. Weaknecht, 64 A.3d 39 (Pa. Cmwlth. 2013), which Chief Counsel Prince litigated. It is also noteworthy that Judge Tesla also reviews the Local Agency law, as discussed in FICG’s Amicus Brief. FICG commends Judge Tesla for his thorough Opinion, which was not swayed by any influence that the Sheriff’s Department may have over the judiciary in Beaver County. This decision is a testament to Judge Tesla’s ability to be a fair and impartial jurist, which should be applauded.
Hopefully, a 1983 Civil Rights action will be filed against Sheriff David for violating Mr. McKee’s right to due process in revoking his LTCF without a hearing and then proceeding to revoke the license without a basis.
A special note of appreciation to Reporter John Paul of the Beaver Countian for providing a copy of the Opinion.
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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.
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