As many of our viewers are aware, almost a year ago, on April 19, 2014, I submitted a written request to the Pennsylvania Gaming Control Board to invalidate Section 465a.13, as it violated 18 Pa.C.S. § 6109(m.3). In June, I heard from Chief Counsel of the PA Gaming Control Board that the issue had been forwarded to Attorney General Kane. On August 5, 2014, Attorney General Kane issued a Legal Opinion letter stating:
“…the Board’s regulation at 58 Pa.Code § 465a.13(a) contravenes 18 Pa.C.S. § 6109(m.3)…Section 6109(m.3), on the other hand, prohibits a Commonwealth agency from regulating the possession of a firearm in any manner inconsistent with Title 18. The Board is a Commonwealth agency….Accordingly, the Board’s regulation is inconsistent with the provisions of Title 18 inasmuch it regulates the possession of firearms in a location (licensed casino facility) not contemplated by Title 18.”
Yesterday, April 16, 2015, the Board convened and repealed the firearm regulations in Section 465a.13. You can find a copy of the final approved rule on the Independent Regulatory Review Commission’s website – here.
We are still waiting to hear from DCNR, L&I and State regarding the repeal of their unlawful regulations.
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.
9 thoughts on “PA Gaming Control Board Rescinds Unlawful Regulation”
Thank you, Joshua, for being the legal champion we have sorely needed in this Commonwealth.
The Founding Fathers would be proud!
Great Job! I am hoping that next agency you can address is the PA DOH EMS. The EMS Office also has a regulation that says one can not have firearm on an ambulance in PA.
Thank you. Have you heard anything from PASSHE?
Does this mean that I can CCW at the casino this weekend or do I have to wait until some administrative/legal nuances are completed ?
Does this then also apply to bars, since they are run under a government issued liquor license?
There is no PLCB restriction.
I found out the Casino Control’s response to your legal “victory”. This bill, which I’ll post a link to the language of makes possession of weapons by anyone except for an on-duty (No exemption for off duty ones though) Law Enforcement officer, including their own security officers without express written permission of the Casino Control a misdemeanor of the Third Degree. They have to post “No Weapons” signs at the doors. I’m sure that’ll keep the criminals away.
They official response has been quietly filed as a bill in the Legislature. What it’s chances are I don’t know but I wouldn’t be shocked if this doesn’t get added to a bill and passed at 11 PM of a session and nobody knows about till after the signs are posted on the casino doors.
Here’s the language of the bill; http://www.legis.state.pa.us/cfdocs/legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2015&sessInd=0&billBody=H&billTyp=B&billNbr=1236&pn=1621
Get rid of that pesky preemption problem by getting the language to bypass it in the law itself. Well played casinos, well played.
You know if it was passed by the House and Senate Governor Wolfe will sign it in a heartbeat.