If you are federally prohibited, pursuant to criteria in 18 U.S.C. § 922(g), as a result of a non-violent misdemeanor or an involuntary mental health commitment and desire to restore your Second Amendment rights, you may be able to file a Second Amendment as-applied challenge in the federal district court.
While these types of challenges are extremely complex, as you are suing the U.S. Government, we have successfully litigated these types of challenges, including ones involving issues of first impression across the United States. For example, in an issue of first impression, Attorney Joshua Prince was successful in two Second Amendment as-applied challenges involving involuntary mental health commitments in Keyes, et al. v. Sessions, et al. Attorney Prince was also recently successful in having the Western District Court of Pennsylvania hold that a 302 commitment was not sufficient to trigger a prohibition under 18 U.S.C. § 922(g)(4) in Franklin v. Sessions, et al. We also have several challenges pending in relation to prohibitions stemming from DUIs, forgery and making false statement on a federal tax return. Unlike others, we have yet to lose a Second Amendment as-applied challenge that we have brought and the Government is acutely aware of our ability to properly and thoroughly litigate these cases in our clients’ favor.
If you are prohibited from purchasing, possessing and utilizing firearms and ammunition, pursuant to criteria in 18 U.S.C. § 922(g), as a result of a non-violent misdemeanor or mental health commitment, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.
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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).
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