As many of our viewers are aware, Firearms Industry Consulting Group, a division of Prince Law Offices, P.C., has spearheaded the opposition to ATF’s most recent rulemaking proposal, ATF-41P. Yesterday, we filed our formal Comment in opposition to ATF 41P. With exhibits, it is over 500 pages. You can download a copy here.
As we previously drafted Attorney David Goldman’s Comment, of GunTrustLawyer.com, we were able to somewhat condense our Comment by citing to his already filed Comment, which preserved the issues. You can find the Comment we drafted for Attorney Goldman here.
While our Comment may seem massive to some, with funding, a thorough Comment with evidentiary support, including expert affidavits, reports, and analysis, would have likely been almost double in size. Nevertheless, ATF’s failure to comply with the Administrative Procedure Act in a number of ways will allow for judicial review, if ATF decides to move forward with promulgating any final rule. If ATF is inclined to move forward with any final rule, it’s best course of action is to start anew and correct all of its violations of law. But, we know ATF won’t do that, because it cannot admit when it violates the law.
Hence, the Firearms Industry must prepare to fund the necessary litigation to invalidate any final rule.
UPDATE: If you downloaded a copy of the Comment before 2:55PM on December 10, 2013, it did not include a copy of Exhibit 25D. The file has been corrected to include a copy of Exhibit 25D if now downloaded.
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.
11 thoughts on “FICG Files Comment in Opposition to ATF – 41P”
Thank you folks…united we stand…divided we fall.
Bravo! Thank you very much for putting forth so much effort to combat the ever-overreaching hand of the federal government!
Gentlemen, Thank you. This is exactly the type of professional, well-prepared, and detailed response we need. I applaud all involved in drafting this exhaustive document. Please continue to push forward and rein in the bloated bureaucracy that is the ATF.
Thank you for all your hard work fighting the government!