The 10th Annual Pennsylvania Second Amendment Action Day is scheduled for May 12, 2015 at the State Capitol Steps in Harrisburg, PA. With notable speakers such as Sheriff Richard Mack (who sued the U.S. Government and won in relation to a gun control measure) and State Representative Daryl Metcalfe, it is guaranteed to be phenomenal event in support of OUR rights.
Will you join me in attending and standing up for Article 1, Section 21 of the Pennsylvania Constitution and the Second Amendment to the United States Constitution? Contrary to media discourse, our Right to Keep and Bear Arms is being eviscerated at the state and federal level. This year alone, we have seen Pennsylvania Attorney General Kane rescind firearm reciprocity agreements in the absence of any authority to do so and fail in her duty to enter into a reciprocity agreement with Idaho. We have also seen NUMEROUS bills submitted in the General Assembly to strip away OUR rights! These include HB 285 which seeks to make any person who ever seeks mental health treatment, a prohibited person; HB 418, which seeks to ban human silhouette targets; and HB 91, which seeks to make any false compartment, potentially including your attached vehicle safe, a criminal offense! At the federal level, we have seen ATF seek to expand the “sporting purpose framework” in relation to 5.56/223 ammo, ATF direct Federal Firearm Licensees (FFLs) to abuse the NICS and PICS systems, and ATF seek to redefined what constitutes being “committed to a mental institution.”
You need to come out and let your voice be heard! Article 1, Section 21 and the Second Amendment are inalienable (or natural) rights, as even acknowledged by the U.S. Supreme Court in D.C. v. Heller.
Justice James Wilson interpreted the Pennsylvania Constitution’s arms-bearing right, for example, as a recognition of the natural right of defense “of one’s person or house”—what he called the law of “self preservation.” 2 Collected Works of James Wilson 1142, and n. x (K. Hall & M. Hall eds.2007) (citing Pa. Const., Art. IX, § 21 (1790)); see also T. Walker, Introduction to American Law 198 (1837). D.C. v. Heller, 554 U.S. 570, 585, 128 S. Ct. 2783, 2793, 171 L. Ed. 2d 637 (2008)
Yet, our rights are constantly under attack at the state and federal level. We need to let our representatives know that shall not infringe means just that…shall not infringe. If you don’t appreciate the language of the Second Amendment or Article 1, Section 21, then, like everyone else, you have the right to petition your representatives to have it amended; however, you do not have the right to seek judicially active judges to interpret that which is abundantly clear.
Join me and numerous other individuals and pro-2nd Amendment organizations on May 12th in celebrating our rights and making clear to our representatives that we will not tolerate ANY infringement on our rights!
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 
Please address the DUI laws and how they are stripping people of their 2nd amendment rights. This needs fixing!
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Come out and let your voice be heard!
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Beaver County Sportsmens Conservation League has FOUR buses going – It’s Free. Check their website for info. bcscl.org/
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What concerns me most about the new proposed rule making, ATF 51P, is regarding the proposed redefinition of “Adjudicated as a mentally defective”. The new proposed definition adds the term “or similar finding” so that the proposed new definition of “Adjudicated as a mentally defective” reads as follows: “A determination, order or SIMILAR FINDING by a court, board, commission or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition or disease: 1) Is a danger to self or others 2) Lacks the mental capacity to contract or manage his or her own affairs, etc….
The term “SIMILAR FINDING” seems expansive and may be abused or more specifically be used to include 72 hour psychiatric holds such as a California 5150 72 hour hold or other 72 hour holds of other states that do not currently invoke a lifetime federal firearms prohibition. Also, “a similar finding” seems that it could be very expansive and cast a wider net of lifetime federal firearms prohibitions over those not necessarily a danger to self or others but had a falling out in life and needed to have a stabilization period to get their lives back together. Or, perhaps many other circumstances such as being ordered to take an anger management course, etc … Could you address that possibility and does that not concern Prince Law?
Thanks for a thoughtful a timely response.
David
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