Today, the Office of Open Records (OOR) issued a final determination in relation to my Right to Know Law appeal in relation to, inter alia, the City of Lancaster’s redaction of donor information. You can download a copy of the determination here. OOR found
Because Section 708(c) prevents the application of 65 P.S. 67.708(b)(13) to financial records as a matter of law, the City has not established that the records of donations to its Legal Defense Fund are exempt from public access.
and
Although the donations were solicited for a specific, arguably-political purpose (the defense of a lawsuit filed by the NRA), because the City is a non-partisan, political subdivision and the donor list documents the City’s receipt of funds into the City’s bank account, the City has not established that revealing the names and other information concerning the donors would infringe upon the freedom of association provided by the Pennsylvania and United States Constitutions.
and
The City, however, did not subsequently submit any materials in support of withholding records responsive to Items 3 and 4 from public access. Accordingly, based on the lack of evidence provided by the City, the City has not overcome its burden of proof. See 65 P.S. § 67.708(a)(1).
and most importantly,
For the foregoing reasons, Requester’s appeal is granted and the City is required to provide the Requester with all responsive records within thirty days. This Final Determination is binding on all parties.
It will be interesting to see whether the City complies.
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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.
I wouldn’t hold my breath…..
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If they do t immediately comply, the mayor, city council members, city attorney, and all relevant bureaucrats should be fined the maximum legal fine per day and be jailed for contempt until they DO comply.
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Attorrney Prince do you do pro bono work by chance. Your name was refered to me by a good friend. Situation child custody ex told custody master I have lots of weapons, some loaded. He told me I MUST have them locked up I told him I will see him in court. The day a master can change the constitution of the United States we are all in trouble. I am awaiting his findings an d court date. Your assistance in this matter would be very helpful. I would like this to make the 6:00 news . Thanks Jeff B
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