Yesterday, the Pennsylvania Senate passed Senate Bill 5 with a vote of 34 to 16, which is a 2/3rds majority veto-proof vote; however, the vote could have been even stronger if three republicans – Senators Greenleaf, Killion and McGarrigle – had not voted against it.
At the last minute, there were five amendments proposed to Senate Bill 5 of which only one passed. That one provides that the Attorney General shall provide, within 30 days of enactment, notice of the new law to every municipality. Furthermore, the sections of Senate Bill 5 that provide for preemption and enforcement would not be effective for 60 days. What appears lost in relation to this amendment is the fact that firearm preemption has existed since 1979 and it has been a misdemeanor of the 1st degree. Furthermore, there appears to be some thought that unlike us mere peasants, who do not receive personal notification of new laws that are enacted, that municipalities are of a privileged class that deserve personal notification of the fact that their existing ordinances and regulations are in violation of the law.
While Senate Bill 5 is not perfect for other additional issues that I flagged for those capable of resolving them, it is definitely a step in the right direction.
Senate Bill 5 now moves to the House of Representatives for a vote.
There are three things that must be done:
- If you are a constituent of Senator Boscola, please contact her and let her know that you appreciate her vote in favor of holding municipalities accountable.
- If you are a constituent of Senators Senators Greenleaf, Killion or McGarrigle, please let them know that their vote against holding municipalities accountable will have consequences in their next election.
- Please contact your House Representative member and ask them to vote in favor of SB 5.
Together, we can ensure that municipalities stop violating the law and are held accountable.
If your rights have been violated by an illegal firearm ordinance or regulation, contact Firearms Industry Consulting Group, a division of Civil Rights Defense Firm, P.C., to discuss your legal rights.
Firearms Industry Consulting Group® (FICG®) is a registered trademarkand division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
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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 
What does Senate Bill 5 mean for the average citizen?
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if i recall correctly, that municipalities can be held liable/sued when they try to prohibit people from places the state does not prohibit. like parks that used to be marked with “no carry” signs and township buildings/meetings.
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Now that the senate has a veto proof bill, does the house have enough to do the same?
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so, big deal!!! what r u doing about act77 1976(mhca).section302 takes away 2nd amendment rights for life, and doesn,t provide for due process and goes against all constitutionality. and don’t mention u may be granted a hearing…the word may means that you may not get a hearing. the hearings are a joke. you are not even allowed to speak at the hearing. only your attorney and the state rep are allowed to speak. talk about communism!!!
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