Yesterday, for the second time, Pennsylvania Governor Wolf renewed a proclamation declaring Pennsylvania’s heroin and opioid epidemic a statewide disaster emergency, seemingly triggering the firearm prohibitions found in 18 Pa.C.S. § 6107 during declared emergencies.
As I discussed extensively in my prior blog article – With a Stroke of a Pen, PA Governor Wolf Limits Firearms Rights by Proclaiming a State of Emergency – pursuant to 18 Pa.C.S. § 6107, an individual, who could generally carry a firearm in public without a license to carry firearms (LTCF) (with the exception of in the City of Philadelphia as a city of the first class), cannot do so during a state of emergency. As I additionally blogged about – Are the Great American Outdoors Show (GAOS) and State Game Land Hunting in Jeopardy as a Result of Governor Wolf’s Proclamation of Emergency? – the proclamation affects gun shows and would force a hunter on state game lands to prove, as a defense to prosecution, that he/she was lawfully engaged in hunting.
Most importantly, in my third and last article on the proclamation – Lose Your Second Amendment Rights if You Violate Section 6107 as a Result of Governor Wolf’s Opioid Proclamation – if you are convicted of a violation of Section 6107, because it is graded as a misdemeanor of the first degree, you will be prohibited under federal law from purchasing and possessing firearms and ammunition.
Please contact your State Representatives and demand that they immediately repeal Section 6107, so that YOUR rights aren’t infringed and so that YOU aren’t forced to pay attorney fees and costs to prove, as a defense, one of the exceptions in Section 6106. When contacting them, also demand that the draconian transportation laws of Section 6106 be repealed, as well.
If you or someone you know has had their right to keep and bear arms infringed as a result of this state of emergency, 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.
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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.
someone should take a look at the spending. supposed to be for fighting opioids, wonder if he’s using SoE as a ruse for other things.
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In your article are you saying that, if an individual has a LTC, that individual can carry a firearm concealed during this ” emergency proclamation” by Gov. Wolf? Am I understanding this correctly?
Thx CB
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I had no idea that you there was a state of emergency.. Nor frankly an opioid crisis..
Clearly an abuse of the term emergency..
As an out of state visitor… How would I know? …
More to the point should I assume PA is now off limits given the risk? Or maybe I should reconsider travel to a disaster area anyway…
Has he applied for federal relief? Is this why I’d needed to declare an emergency?
Last time I was there I did not see any troops deployed… Maybe that’s next…
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Repeal this law now
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The so-called opiate crisis arose because of government involvement. SMH. It’s bad enough the feds are messing with my pain management, and then the continued harassment of firearm owners not doing anything to restrict, restrain , or harm anyone else. The Marx /commie infection continues.
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