Today, Firearms Industry Consulting Group, a division of Prince Law Offices, P.C., filed an 24 page Complaint, plus exhibits, against Lower Merion Township on behalf of Firearm Owners Against Crime (FOAC) and two individual plaintiffs regarding the Township’s illegal and unconstitutional firearm ordinance – Section 109-16. In the Complaint, Chief Counsel Joshua Prince argues that the Township’s ordinance violates 18 Pa.C.S. § 6120 and Article 1, Section 21 of the Pennsylvania Constitution, for which even Township Manager McNelly admitted and which is included as an exhibit.
Although the Township was provided an opportunity to repeal its illegal ordinance, in direct defiance of the state crime of Official Oppression, as well as, Section 6120, the Commissioners, contrary to the advice of their solicitor, refused to repeal or amend Section 109-16.
It is unfortunate that Township’s taxpayers will be burdened by the Township’s elected officials believing it is acceptable, and even gloating, that they are violating the Crimes Code and refusing to repeal such illegal provisions.
As it is a misdemeanor of the first degree to violate Section 6120, pursuant to 18 Pa.C.S. § 6119, we call upon Montgomery County District Attorney Risa Ferman, who is currently running for judge in Montgomery County, to bring charges against the Township and its representatives for their violations of the Crimes Code, including conspiracy, official oppression, and Section 6120. It is time that our elected officials be held accountable for their actions.
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.
4 thoughts on “PRESS RELEASE: Lawsuit Filed Against Lower Merion Township Regarding Its Illegal Firearm Ordinance”
Good for you Josh. At least you have the intestinal fortitude to go after these clowns. If they won’t flow the law, then folks like you will have to force their hands. I hope you spank Lower Merion for a ton of money.
Josh… please explore the concept of “surcharge” against the Commissioners and possibly Manager. The taxpayers should not be responsible for these individuals NOT following the advice of their Solicitor. PA law would hold the aforementioned individuals personally responsible for breaking the law and the financial consequences. I would also argue that the Municipalities insurance will not cover this gross negligence by the aforementioned individuals. Lastly, those individuals should NOT be defended by the Township Solicitor on the taxpayers nickle. They should each have to hire their own counsel. IMHO