Today, Judge Zanic issued his decision on Sheriff Nace’s Preliminary Objections filed against the Perry County Auditors’ Complaint. A copy of the Order can be obtained here. A copy of the Decision can he obtained here.
The Order simply states, “AND NOW, this 8th day of September, 2014, the Preliminary Objection of Defendant in the nature of a demurrer is SUSTAINED and Plaintiffs’ Complaint is DISMISSED.”
The Decision reviews several of the legal issues involved and declares,
In the case at bar, we have determined that the Complaint is legally insufficient, and as such, a dismissal is required. The Auditors have failed to overcome the demurrer of the Sheriff for two clear and distinct reasons. First, the Complaint improperly seeks to increase the statutory authority of the Perry County Auditors by alleging that auditors in this Commonwealth have the duty to obtain information that was never intended by the statutory language of 16 P.S. §1721 or 16 P.S. §1724. Second, the Complaint does not make any allegation that the Sheriff’s actions have caused the Auditors to fail in performing their statutory duty to audit.
The Decision goes on to state,
Thus, the Complaint appears to be nothing more than a fishing expedition for information unrelated to the Plaintiffs’ statutory duty to audit.
Ouch…
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 
Yeah, that is pretty blunt from a judge. Based on that are you going to seek reimbursement of legal expenses incurred for the good sheriff?
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The taxpayers of Perry County will foot the bill for all parties involved… UNLESS the Auditors could be held personally liable for expenses for wasting the court’s time.
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The Perry County commissioners, in a rare fit of rationality from politicians, refused in writing to pay any legal fees for the auditors.
See here https://blog.princelaw.com/2014/06/23/perry-county-commissioner-support-sheriff-naces-position/
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Congratulations!
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Way to go attorney Josh Prince! You did a fantastic job. And thank you for representing Sheriff Nace, who does his job supremely well. Big win for the people.
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Thank you for nipping this off at the bud. As your aware, the New York Journal, last year posted New York gun permit owners names and addresses in their newspaper. If this case would have went the other way there`s no telling what they would have done with the list.
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Congrats on the victory! Keep fighting the good fight.
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