Today, Attorney Eric Winter successfully argued for dismissal of charges before a York County Magistrate Judge. The charges were filed by the York County Sheriff in relation to a putative false statement our client made when applying for a license to carry firearms (“LTCF”).
In arguing that our client had not been committed to a mental institution, Attorney Winter argued that the recent decision by Federal District Court Judge Kim Gibson precluded any finding that our client had been involuntarily committed, regardless of any 302 commitment. Specifically, in Franklin v. Sessions, et al., Judge Gibson found that a Section 302 commitment under the Pennsylvania Mental Health and Procedures Act was not sufficient to trigger a federal disability.
After dismissing the charges, the Magistrate Judge asked the York County Sergeant who had filed the charges as to whether the “other cases, merely based on a 302 commitment, would be dismissed.” To our astonishment, the Sergeant replied that the charges filed against the other individuals would not be dismissed, as not everyone has a lawyer to defend against the charges. Thankfully, the Magistrate Judge stated that such was unfortunate, since he, as both an attorney and judge, was ethically bound to equally apply the law and that the established law precluded any individual from being charged for making false statement in relation to a 302 commitment. He went on to say that any charges filed against individuals for allegedly making false statements in relation solely to a 302 commitment would be dismissed.
Please join us in congratulating Attorney Winter and the Magistrate Judge in York County for ensuring that our constitutional rights are never infringed!
If you or someone you know has been involuntarily committed and are either under charges for making false statement or are now prohibited from purchasing and possessing firearms and ammunition, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
Like this:
Like Loading...
Related
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 an utterly disgusting and abusive position for a police officer to take; Knowingly and falsely prosecuting someone because that person doesn’t have a lawyer to defend themselves. That ignorant cop should be fired.
LikeLike