Press Release: Second Mental Health As-Applied Challenge Success

We are extremely proud to announce that Chief Counsel Joshua Prince was successful in a second Second Amendment as-applied challenge in relation to a prior mental health commitment.

As our viewers are likely aware from Attorney Prince’s blog article Monumental Decision from the Middle District Court of Pennsylvania Regarding Mental Health Commitments and the Second Amendment, approximately three months ago, Attorney Prince was successful in obtaining relief for Mr. Yox, who had previously been involuntarily committed as a juvenile but later went on to honorably serve in our Armed Forces and later as a state correctional officer. Under federal law, Mr. Yox was permitted to possess a firearm and ammunition in his official capacity as a law enforcement officer, but was precluded from possessing a firearm and ammunition in his private capacity. In fact, in providing relief to Mr. Yox, the court declared:

Indeed, Mr. Yox provides the perfect test case to challenge § 922(g)(4), as the illogical contradiction of being able to possess firearms in his professional capacities but not being able to possess a firearm for protection in his own home puts in relief a factual scenario where an as-applied Second Amendment challenge to this statute may succeed.

Indeed, if Mr. Yox were not to succeed on his as-applied challenge, we cannot imagine that there exists any person who could.

Unfortunately, the court had previously dismissed his co-plaintiff’s (Mr. Keyes’) identical arguments on the basis that the Pennsylvania Superior Court had already considered his Second Amendment challenge and found against him in In re Keyes. After rendering its decision on Plaintiff Yox’s claims, Mr. Keyes filed a request for the court to reconsider its prior ruling and arguing that it would be a manifest injustice if the court were deny him relief based on the faulty decision of the Pennsylvania Superior Court.

Yesterday, Judge John E. Jones, III. overturned his prior holding finding that Mr. Keyes’ Second Amendment as-applied claim was barred and declared that Mr. Keyes “is in a materially identical situation” to Mr. Yox and that denying Keyes, while granting relief to Mr. Yox, would seem to constitute an “inequitable administration of the law” and “manifest injustice.”Judge Jones specifically declared in finding that the Pennsylvania Superior Court incorrectly analyzed his prior Second Amendment challenge:

The result is that Keyes is left behind while his co-Plaintiff receives full relief simply because Keyes pursued his Second Amendment claims in what turned out to be the wrong court. He is left with no recourse to receive vindication of his constitutional right to bear arms, even though this Court has, for all material purposes, made clear that his claim has full merit. This is a grossly unfair and inequitable result.

Judge Jones went on to state that “[w]e would be hard pressed to think of a better example of an inequitable administration of the laws, and it is a circumstance that cries out to be rectified.”

Please join us in congratulating Attorney Prince for this monumental victory, as well as, Judge Jones for ensuring that for every wrong committed, the court has the power to correct it. It is extremely refreshing to see a judge who is willing to reconsider his or her own prior holdings and decisions to ensure that justice prevails.

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6 Comments

Filed under ATF, Firearms Law

6 responses to “Press Release: Second Mental Health As-Applied Challenge Success

  1. Erik

    That is truly a fantastic job. Freedom lovers owe a debt to Mr. Prince’s skill and perseverance.

    Like

  2. Sean

    Great work Josh. This is why I carry your phone not number in my wallet. God forbid I ever have to protect myself or my family. However, if I do I intend to call Josh to represent me.

    Like

  3. IgnatiusTX

    Well done Mr Prince, mazeltov to you and your clients. If I ever need help in my neck of the woods I may call you for a referral. The Second Amendment is the body guard of the First Amendment.

    Like

  4. Pingback: The Second Amendment: Enforcing the Heller Decision | Prince Law Offices, P.C.

  5. Great work Mr. Prince. I have a similarly situated client here in Washington State. I am hoping you will send me your federal court pleadings so I can don’t have to recreate the wheel.

    Like

  6. Pingback: Major Pennsylvania Firearm Cases of 2016 | Prince Law Offices, P.C.

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