Yesterday, the Firearm Industry Consulting Group, a division of Prince Law Offices, P.C., filed a complaint against the United States and numerous other individuals in the United States District Court, Middle District of Pennsylvania on behalf of Mr. Hertzler, an Amish man, who is being denied his “core right” to purchase and possess a handgun for purposes of self-defense in his home, because federal law requires that he produce identification, bearing a photograph, which violates his core religious beliefs.
Specifically, 18 U.S.C. § 922(t)(1)(c) requires that a Federal Firearms Licensee only transfer a firearm to an individual who produces “a valid identification document (as defined in section 1028(d) of this title) of the transferee containing a photograph of the transferee.” As Mr. Hertzler’s sincerely held religious beliefs preclude him from knowingly and willingly having his photograph taken, Mr. Hertzler is unable to meet the requirements of Section 922(t); thereby, requiring him to either forego his constitutional right to keep and bear arms in defense of himself and his home or violate his religious tenants. Even Pennsylvania law acknowledges Mr. Hertzler’s religious beliefs and provides for non-photo ID and drivers licenses and for the ability of an individual to purchase a firearm with non-photo ID, pursuant to 18 Pa.C.S. § 6111(b)(2). However, federal law fails to include such an exception, in violation of the Second Amendment and the Religious Freedom Restoration Act.
We will keep our viewers apprised as this case proceeds forward
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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.
Prince Law Offices Blog 
We keep hearing from the Feds that voter ID laws are racist and unconstitutional, but the right to vote is not in the Bill of Rights, while the RKBA is.
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Ideologically speaking, this person “wants to have his cake and eat it too.” He doesn’t want to assimilate into modern society, but now wants to make use to implements of modern society’s as a result of modern American advancements.
I’m usually in agreement with your writings and opinions, but allowing someone, without a government issues ID w/photograph, to purchase a firearms can potentially set a precedent allowing unidentified persons, (such as illegal aliens and other prohibited possessors), to purchase and posses a firearm. This will result in no ability to positively identify the purchaser. There’s a security element that needs to be maintained in order to prevent today’s nefarious criminal elements, (such as illegal aliens and foreign extremists) from using such precedents, exceptions and loopholes to their advantage regarding the purchase and possessing of firearms. Allowing this would also lend itself to what is refereed to “Straw Purchases.”
If this person would like to maintain his lifestyle and religious beliefs have him become or hire a Blacksmith to fabricate a Cap and Ball Musket. If he/she would like to partake in modern Americana and purchase a modern firearms all they have to do is just obtain an government.. This is less a 2nd amendment issue than a person’s choice of lifestyle.
The above post is an example of some of the possible opinions and obstacles that your case might encounter.
Good luck and keep up the good work.
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When the Constitution was ratified with the Bill of Rights acknowledging those inalienable rights that no Government can restrict or otherwise impede, there was no requirement for identification to be provided to purchase a firearm, let alone photo identification. Additionally, think about all the ways that our identities are verified, absent photo identification, in today’s world. When’s the last time that you had to produce photo identification for a credit card? What about for a mortgage? Do you need to produce photo ID before exercising your First Amendment Rights?
The attack on religious freedoms, as protected by the First Amendment, needs to end. No person should be forced to choose between their First and Second Amendment Rights. Just like, no person should have to choose between their First and Fourth or Fifth Amendment Rights. “modern America” is immaterial. If you don’t like what the Constitution says, there is an amendment process. It is NOT for the court’s to legislate from the bench or interpret in the context of today. The Constitution was never intended to be, nor supports it being, a living breathing document, as the amendment process would have been unnecessary and contrary to such an intent. Many forget that our Founding Fathers provide us with a Republic, not a Democracy, because the intent was to protect even the minority’s rights.
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