Late last night, the City of Harrisburg filed a petition for allocatur with the Pennsylvania Supreme Court seeking review of the Commonwealth Court’s en banc decision in FOAC, et al v. City of Harrisburg, et al., where the court held that one does not have to violate the law in order to have standing to challenge it. In fact, the Commonwealth Court, in overturning prior precedent, declared:
Our precedent in NRA/Pittsburgh and NRA/Philadelphia is untenable and must be overruled because it affords greater access to the courts to challenge the facial constitutionality of ordinances to scofflaws than to law-abiding citizens. It makes little sense to wait for Appellants to break the law, which we presume they do not want to do, before they can challenge it. It also makes little sense to force law-abiding citizens to rely on law breakers to advocate their interests.
At this point, FOAC, et al. have 14 days to file a response to the petition and thereafter, the Court will decide whether or not to hear the case.
If you are in a position to be able to support this matter, FOAC would greatly appreciate donations, which can be made online through the Firm’s escrow account here – https://secure.lawpay.com/pages/princelaw/trust. Simply place “FOAC Harrisburg Preemption Litigation” in the reference box.
If you or someone you know has been the victim of an unlawful municipal firearm or ammunition regulation or ordinance, contact FICG today to discuss your 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.
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.
3 thoughts on “Harrisburg Petitions PA Supreme Court to Review Standard for Standing in Firearm Preemption Matters”
Well now we know exactly what they think of the right to petition for redress and well..
If it smells like a tyrant, talks like a tyrant, acts like a tyrant, ignores the law like a tyrant, then guess what.