As our viewers are aware, Chief Counsel Joshua Prince drafted an Amicus Brief in Commonwealth v. Hicks on behalf of Members of the Pennsylvania General Assembly, Firearm Owners Against Crime (“FOAC”) and Firearms Policy Coalition (“FPC”), resulting in the Pennsylvania Supreme Court issuing a monumental decision on May 31, 2019, wherein it held, pursuant to Article 1, Section 8 of the Pennsylvania Constitution and the 4th Amendment to the U.S. Constitution, that the mere display of a firearm did not constitute reasonable suspicion of criminal activity. As the Court explicitly held that its decision was rendered pursuant to Article 1, Section 8 (in addition to the 4th Amendment) and the U.S. Supreme Court cannot overturn the PA Supreme Court’s decision regarding the Pennsylvania Constitution, it was expected that the case was over.
However, as we previously discussed, on August 16, 2019, the Commonwealth appealed to the U.S. Supreme Court. You can find a copy of the Commonwealth’s Petition for Certiorari here and Mr. Hick’s response here. The Petition and Mr. Hick’s response were considered during the December 6, 2019 conference and on December 9, 2019, the U.S. Supreme Court denied the Commonwealth’s request to review the Pennsylvania Supreme Court’s decision; thereby leaving in place the decision by the PA Supreme Court that the mere open carrying or display of a firearm, in and of itself, does not constitute reasonable suspicion of criminal activity.
If you or someone you know has had their constitutional rights violated by merely openly possessing a firearm, 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.
Prince Law Offices Blog 
Does this decision affect all states that have so called “brandishing” laws of which Pa. doesn’t; or does this decision only affect Pa.?
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It only effects pa, as there was no decision. They declined to even take the case.
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