Today, utilizing Attorney General Kane’s August 5, 2014, Legal Opinion Letter, I submitted letters to a number of Commonwealth agencies requesting that they rescind their regulations in relation to possession of firearms, which are inconsistent with Pennsylvania’s Crimes Code, referred to as Title 18. Those letters include:
- Pennsylvania State System of Higher Education (PASSHE) – here.
- Pennsylvania Department of Conservation and Natural Resources (DCNR) – here.
- Pennsylvania Department of Labor and Industry (L&I) – here.
- Pennsylvania Department of State – here.
As I hear back from these agencies as to what action they will be taking, I will let our readers know.
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.
7 thoughts on “Putting Attorney General Kane’s Legal Opinion to Good Use”
You might want to also contact all the Pennsylvania land grant universities which were formed by the commonwealth legislature. Penn St., Temple,Pitt, and Lincoln university.
Must not forget the Pennsylvania Fish & Boat Commission. You can’t carry on their land unless you’ve got an LTCF. OC without an LTCF, apparently, is forbidden.
58 Pa. Code § 53.7. Use of firearms.
It is unlawful for any person to carry or use firearms on Commission owned or controlled properties except for persons:
(1) Engaged in lawful hunting and trapping under § 53.5 (relating to hunting and trapping).
(2) Licensed to carry firearms under 18 Pa. C.S. § 6109 (relating to licenses) or authorized to do so in conformance with 18 Pa. C.S. § 6106 (relating to firearms not to be carried without a license).
As PennDOT is a Commonwealth agency, and considering that “NO GUNS” stickers have placed at over 90% of PennDOT Driver Licensing and Photo Centers, creating a very high visibility policy all across Pennsylvania, I would love to see this addressed as well.
I’m not talking about privately owned locations such as Bricker’s, Runkle’s, etc., but actual PennDOT locations. I have been told these locations have been leased to a private enterprise. However, all signage and policies must adhere to and be consistent with current PennDOT regulations, which of course fall under the PA State Legislature.
At the entrance doors you will find the silhouette of a black pistol on a round white sticker with the universal red circle and slash through it, followed up by prohibitive written signage clearly posted inside.
I have pics of this at my local PennDOT Center, but I’m sure a quick visit to one near you will confirm as we have seen these all over the state for some time now. It is time for this to come to an end. Please feel free to contact me at the email address I provided if we should discuss this in greater detail.
I did a little research on Title 58, Pa. Code (Recreation), and the following “hits” came up:
Section 163.9 – Horse Racing Commission
Section 53.7 – Fish & Boat Commission (previously addressed by me)
Section 141.15 – Game Commission
Section 465a.13 – Gaming Control Board (already addressed by you)
Oh, I noticed your letters use “it’s” instead of “its”. The Apostrophe Police will be coming for you.
The PA DOH EMS forbids possession of a firearm in an ambulance.
Can you possibly address this?