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.