In a decision issued in Commonwealth v Childs on July 19, 2016 relating to the retroactive effect of Pennsylvania’s Stand Your Ground law (HB40 of 2011), the Pennsylvania Supreme Court acknowledged that the Castle Doctrine is an inherent right, dating back to biblical times, and that the Right existed in common law, long before being codified as part of our Stand Your Ground law in 2011.
Specifically, the Court declared:
When this Court addressed the castle doctrine in 1952, we explained that it “has always been recognized as the law in this State” and that the castle doctrine’s acceptance is “universal.” Commonwealth v. Fraser, 85 A.2d 126,128 (Pa. 1952).
The Court went on to explain:
Although the castle doctrine has existed at common law in this Commonwealth essentially since its founding, it was not codified in Pennsylvania until 1972, with the enactment of 18 Pa.C.S.A. § 505. In enacting section 505, the legislature sought “to codify existing case law pertaining to ‘self-defense’ and to cover in a single rule the law governing the use of defensive force.” 18 Pa.C.S.A. § 505 (amended June 28, 2011).
I must admit that it is refreshing to see such a decision which was not decided along party lines and acknowledges inalienable rights.
While the Court did not address whether Stand Your Ground is an inalienable Right, I was previously published in Volume 27, Issue 1, of the St. Thomas Law Review on The Inalienable Right to Stand Your Ground. Hopefully, in the future, we’ll see the Pennsylvania Supreme Court acknowledge that Stand Your Ground is an inalienable Right.
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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 
This is great news!
How will this affect the national effort? How much weight does state precedent have at the federal level?
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