Today, Chief Counsel Joshua Prince, of the Firearms Industry Consulting Group®, was successful in securing a 12 page decision by the Pennsylvania Commonwealth Court, wherein it affirmed that an individual who receives a full pardon is neither prohibited from purchasing and possessing a firearms and ammunition nor prohibited from obtaining a license to carry firearms.
Although the definition of “conviction” in 18 Pa.C.S. § 6102 explicitly excludes from the definition an individual who receives a full pardon, the Pennsylvania State Police (“PSP”) contended that an individual who receives a full pardon is still prohibited from purchasing and possessing firearms and ammunition and is required to file a petition for relief in the court of common pleas, if he/she desires to purchase or possess firearms or ammunition or if he/she wishes to obtain a license to carry firearms.
In finding that the PSP’s position was meritless, especially in light of the court’s prior holding in PSP v. McCaffery, the Commonwealth Court reaffirmed that “where the convicting jurisdiction deems the conviction no longer a ‘conviction’ for purposes of firearms disability, the PSP has no discretion to deem otherwise” and held that Mr. Sama’s “full pardon excluded his offense from UFA’s definition of ‘conviction'” and therefore, “the firearm disabilities contained in Sections 6105 and 6109 no longer apply.” (emphasis in original).
If you or someone you know has been erroneously denied by the PSP in relation to an attempted purchase of a firearm or procurement of a license to carry firearms, 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.
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