Yesterday, Governor Wolf and members of the Pittsburgh City Council held a press conference, joined by anti-gun organizations, including Moms Demand Action and CeaseFirePA, where they proposed new anti-gun ordinances, which they even acknowledged are precluded by state law but undaunted by the illegality of such proposals, were going to enact them anyway, in a hope that the courts would elect to usurp the General Assembly’s authority. Governor Wolf even issued a press release, with the proposal’s attached.
Since 1974, local forms of government have been preempted in Pennsylvania from enacting firearm (and later, ammunition) restrictions or regulation, pursuant to 18 Pa.C.S. 6120. Moreover, since its enactment in 1974, it has been a misdemeanor of the first degree, pursuant to 18 PA.C.S. 6119, for any local government to violate the state preemption statute.
In fact, an almost identical assault weapon ordinance was previously held unlawful by the Commonwealth Court in NRA v. City of Philadelphia. More recently, I was successful in having the Commonwealth Court declare that the City of Erie was precluded from banning firearms in public parks and that Lower Merion Township was barred from enacting a firearm discharge ordinance. Thus, there can be no dispute that the enactment of these proposed ordinances have already been ruled unlawful, pursuant to Article 1, Section 21 of the Pennsylvania Constitution and 18 Pa.C.S. 6120.
Yet, that has not dissuaded the Governor and Members of the Pittsburgh City Council from conspiring to enact unlawful ordinances, which would additionally constitute a violation of 18 PA.C.S. 5301 – Official Oppression, as well as, the inchoate offenses of solicitation, conspiracy and attempt. Section 5301 provides:
A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:(1) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights;or(2) denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.
Setting aside the criminal conduct of Governor Wolf and Members of the Pittsburgh City Council, it is extremely interesting that Governor Wolf is supporting these proposals, which include requiring photo identification to be produced for the purchase of ammunition, when the Governor opposes voters having to produce any form of photo identification.
Unfortunately, as neither the Governor nor Members of the Pittsburgh City Council seem to care about their blatant violation of the Pennsylvania Crimes Code, given their stated intent to enact these proposals, it appears that it will become necessary to file suit against them. Thankfully, Allegheny County Sportsmen’s League (ACSL) and Firearm Owners Against Crime (FOAC) are already preparing to file suit against the City of Pittsburgh; however, given the backing that the City has from Moms Demand Action, CeaseFirePA..etc., it is anticipated that this litigation will be extremely expensive. Thus, if you are able to contribute to the litigation, you can do such by going here – https://secure.lawpay.com/pages/civilrightsdefensefirm/trust – and simply placing in the reference field: Pittsburgh Firearm Preemption Litigation
If your rights have been violated by an illegal firearm or ammunition ordinance or regulation promulgated by a state agency, county, municipality or township, 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.
Prince Law Offices Blog 
I’ll bet the parties that are knowingly and admittedly breaking the law aren’t arrested and brought up on charges? It seems our elected officials exempt from the laws we mere peasants must follow or suffer the consequences? This is flagrant in your face “We can do whatever we want for we are the untouchable ruling class!”.
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This is why democraps need to be defeated
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So, why isn’t the Govenor impeached for violating the law and brought to trail? I would like to see him in a new orange jumpsuit.
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I don’t know either, at what point can we address our members of the state legislature to open impeachment proceedings for violations against the Constitution?
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I will be happy to fly in and violate there law so I can be a plaintiff in a 1983 action.
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No identification to vote, but identification to purchase ammo? Wow, doing anything to buy those votes for Democrats. Thanks philly, and pittsbuger, for voting for this do nothing for the citizens of PA clown. You’re being sold out as well.
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You are violating our constitutional rights and you will see an uproar in and around Pittsburgh. Have you ever heard dont fuck with a Pittsburger well your now starting to bark up the wrong tree there dumocrats
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Why not go after all the illegal guns, they are the real problem , wish the Democrats would get their head out of their ASS
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Story is now front page on Breitbart News and elsewhere , thank you Mr Prince for shining the bright lights for others to follow !
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They tried this crap 20 or so years ago, my friend and I took off work that day and went to city hall to show opposition. We were told that we would have the chance to voice our opinion, but that was a lie. The OVERWHELMING majority of people there were 100% against the abrogation of our rights, yet the smug politicians still tried to pass it.
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I’ve asked both of my local representatives in legislature and congress how they can take an oath to support and defend PA’s Constitution which states that “the citizens right to be armed shall not be QUESTIONED” and then allow and even engage in legislation which violates that same Constitution. Both just gave me a blank stare. There can be no middle ground in these circumstances, stop passing unconstitutional laws or else try to change the Constitution.
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Hi Sir. Are you currently engaged in legal actions to fight the efforts to undermine our rights here in PA? How about NJ? If you have active cases in need of support, I would like to know the details and how to support your case.
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We’re involved in a number of legal actions to protect our rights in PA, such as – https://blog.princelaw.com/2018/12/18/ficg-files-complaint-and-motion-for-preliminary-injunction-challenging-atfs-final-rule-on-bumpstocks, https://blog.princelaw.com/2018/12/17/ficg-files-letter-on-behalf-of-acsl-and-foac-in-response-to-pittsburghs-proposed-illegal-firearm-ordinances, and https://blog.princelaw.com/2019/01/03/ficg-files-letter-on-behalf-of-acsl-and-foac-in-response-to-pittsburghs-unlawful-signage-erected-before-second-amendment-rally
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And here’s another one – https://blog.princelaw.com/2017/12/26/press-release-amici-curiae-brief-of-members-of-the-pennsylvania-general-assembly-firearms-owners-against-crime-firearms-policy-coalition-and-firearms-policy-foundation-filed-in-pennsylvania-suprem
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The not-so-secret agenda of the State and its apologists is clear: disarm peaceful citizens to render them powerless. Turn law-abiding Americans into criminals with the stroke of a legislative pen. Anyone who refuses to surrender his or her weapons would become an Enemy Of The State, much the same as any armed citizen is right now in the Soviet Union, or Communist China, or Socialist Nicaragua, or Fascist El Salvador, or Monarchist Great Britain. Gun confiscation is non-partisan–it is always and forever aimed at anyone disliked by the current gang in power.
When any law against guns is passed, how is it backed up? How will the State remove banned weapons from private hands? How will agents of the State disarm the citizenry? Why, by the use of guns, of course! This contradiction has never bothered statists. Why are handguns and assault rifles evil and wicked in the hands of private citizens, yet perfectly fine in the hands of employees of the State? If this is truly “government by the people” why do we see the servants disarming their masters by force? What do they fear from us, if theirs is a legitimate, benevolent government? If the State does not seek to control us, why does it want us disarmed?
The usual answer–stripped of equivocation–is that “mere citizens” are like half-witted children, incapable of safely handling “dangerous” commodities such as weapons or explosives or medicines or information. And only when some half-witted children pass a civil service exam or are elected by other halfwits to work for the wise and benevolent State do they magically become smart and honest and trustworthy enough to carry weapons and decide whom shall be “allowed” to possess guns and what sort of design, shape, or weight such weapons shall be.
Sounds pretty condescending and paternalistic, doesn’t it? That’s how they view us. Sheep for the shearing at tax time, cannon fodder during war time, and dangerous idiots the rest of the time.
And they dare ask us to obey their decrees?
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I don’t know either, at what point can we address our members of the state legislature to open impeachment proceedings for violations against the Constitution?
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Are your folks involved with any legal action against Pittsburg and this new law? If so I would like to donate towards the fight.
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Yes, https://blog.princelaw.com/2018/12/17/ficg-files-letter-on-behalf-of-acsl-and-foac-in-response-to-pittsburghs-proposed-illegal-firearm-ordinances
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What does your new congressman, Connor Lamb, think about this? He really touted the fact that he was a former US Marine (as am I), and one of his campaign ads claims “he still likes to shoot” while holding what appears to be an M16…or an AR15. So I would like to know if this ad was to mislead PA voters into thinking he’ll protect the second amendment. Or was he really projecting his true values. Look at the ad @ the 6 second mark…https://www.youtube.com/watch?v=4BnOHydNcrM
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What would it take to charge the city council with a violation of 6120 Preemption via 6119 should they vote and pass it?
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I would be happy to be a plaintiff.
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