Today, Chief Counsel Joshua Prince of the Civil Rights Defense Firm, P.C. and Attorney Adam Kraut filed an Emergency, Ex Parte Application for Extraordinary Relief Pursuant to the Pennsylvania Supreme Court’s King’s Bench Jurisdiction.
The Application seeks a preliminary injunction from the Pennsylvania Supreme Court, enjoining Governor Wolf and those acting in concert with him from implementing or enforcing any practice, policy, proclamation, regulation, rule, or interpretation relating to his Order of Governor of the Commonwealth of Pennsylvania Regarding the Closure of All Businesses that are not Life Sustaining of March 19, 2020. The Application sets forth numerous statutory ad constitutional arguments in support of Governor Wolf acting ultra vires in enacting the Order. While these are no doubt trying times, Civil Rights Defense Firm, P.C. will not stand idly by and permit our elected officials to eviscerate our residents’ inviolate constitutional and statutory rights.
The Supreme Court has now directed Governor Wolf to file an Answer or a letter that no answer will be filed by 8 P.M.
If you or someone you know has had their rights violated by a Government agency, 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.
Like this:
Like Loading...
Related
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 
Thank you for having our interests at the forefront of your practice. It is comforting in these days to know that you give us a voice. Blessings on you and yours!!
LikeLike
God Bless you Joshua Prince for the work you do! We appreciate you standing up against this obviously unconstitutional power grab!
“Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.” Benjamin Franklin (1706-1790)
LikeLike
Does my heart good! Keep looking out for us!
LikeLike
Thank you
LikeLike
Agree with these comments THANK YOU for your good work during these tough times!
LikeLike
Thank you sir.
LikeLike
Thank you for standing up for us. But what can we do to ensure this government overreach and infringement of our liberties and freedom do not occur in response to future heath scares, natural disasters or calamities?
LikeLike
Petition your elected representatives to repeal the law! https://www.legis.state.pa.us/cfdocs/legis/home/findyourlegislator/
LikeLike
or, from Governor Wolf:
If a business listed for closure believes it could help mitigate this crisis by providing a life sustaining service, it can seek an exemption. Businesses can get a waiver application through the Department of Community and Economic Development (DCED) website. or may contact the Department of Community and Economic Development at ra-dcedcs@pa.gov or by calling 1-877-PA-HEALTH and selecting option 1.
LikeLike
The govenor must take action. People will die unnecessarily if we don’t slow the spread of this. Hospitals already do not have the protective equipment that they need! There will not be enough beds if everyone gets sick at once! This legal action is a waste of everyone’s time and will likely go no where, when we could be helping to educate people as to why we need to flatten the curve! People we love will die because of this. There is NO alternative. We have waited too long to take action as it is. You are on the WRONG side of history here.
LikeLiked by 1 person
I appealed to to my Senator and to Rob Kauffman about the order. I was told that the Governor was ignoring the General Assembly on this issue. It is interesting to me that all the states on some kind of lockdown are run by Democrats. Further of interest is that Florida with a great many retirees is not nor is Texas with a great influx of new people. Below is my letter to Public Opinion today.
I never thought I would see a Governor put a state into a recession, but that is what we have. It is what is known as “The Law of Unintended Consequences”. Every Tipped Employee in the State was laid off with no notice. Was that an INSENSITIVE act? I think it was. It happened at the beginning of the month so many are scrambling to pay for groceries. The rent will come due at the end of the month.
The small business community will be in a recession by April. If they are a restaurant or a store the utility bill will be all out of proportion to revenue. But utilities and rent will still be due. But all government employees still have a job. Do you consider that fair? They may think they are protected, but with no tax withholding on wages, tax revenue is rapidly drying up. Soon there may not be enough tax revenue coming in so that government employees can be paid.
There is a concentration of COVID-19 cases near Philadelphia and Pittsburg. Many counties have none or at most a few. Does it really make sense to shut down the entire Franklin County economy of 152,000 people because 1 or 2 people are sick? Our Senator reports only a few cases in the entire 33rd Senate District. The Law of Unintended Consequences has given us a State induced recession or worse. An awfully lot of people throughout Pennsylvania are being hurt because a few people are sick. Is there not a better way to deal with this problem?
Len Lindenmeyer
Fayetteville, PA
LikeLike
The General Assembly has the power to overrule any state of emergency declared by the Governor. Specifically “General Assembly by concurrent resolution may terminate a state of disaster emergency at any time. Thereupon, the Governor shall issue an executive order or proclamation ending the state of disaster emergency.” 35 Pa.C.S. § 7301(c). Republican leadership is feckless and refusing to do so.
LikeLike
Thank you for this . There has been talk that this court are political activists; so we will see if they rule correctly on this as only the state legislature has the power under a disease statue to halt business with a vote by all.
LikeLike
What a bunch of assholes you are. Fuck Off.
LikeLiked by 1 person
You agree with Wolf stepping on your rights as a US citizen?
LikeLike
The law is the law! Thank you for the speedy action! And to the sweet girl eho said f-off.. there are many families ehos loved ones died for our system of Government.. This is you turn to stand up for it..or maybe you dont mind giving up your freedom.
LikeLike
I second this
LikeLike
Jennifer’s comment, that is
LikeLike
The Governor need only ask the General Assembly to change the law.
LikeLike
Are there any updates on this as to if Gov Wolf replied by 8:00 or not?
Thank you for standing up for us!
LikeLike
Josh thank you for taking your valuable time and energy to stick up for the little guys who don’t have the resources to do it. May your History of success Continue. P.s. I got your back..haters gonna hate.
LikeLike
“Taking your valuable time and energy…”
HAHAHAHAHA…yeah…he’s not making money off this.
Prince is a snake oil salesman – loves to tout his “momentous victories”. But you never hear about his “momentous defeats”. In an October 2018 blog post he claims how wonderful he is by winning a case (Holloway vs Sessions). However, that case was overturned by the 3rd Circuit Court in January.
How come no blog post about that DEFEAT Josh???
LikeLike
Thank you for standing upfor us..
LikeLike
THANK YOU SIR !!! FINALLY, a voice for the little people. PLEASE come to Ohio and srve the Moron Gov. we have.
LikeLike
Despicable.
This is a global pandemic, one that calls for real leaders in public health, government, and business to step forward in the Human interest. Shame on you for tying up the courts with nonsense that threatens to put more people at risk.
LikeLike
Read Tom Clancy’s ‘Executive Decision’. Interesting story about a similar situation as we face now with COVID19. Just how far can we let governments go to protect us from a threat like COVID19, anthrax or any of the dozen or so virus/bacteria out there that have high mortality rates if out in the population. Do we rely on ‘common sense’ which we know ain’t very common? Do we shake our heads and decide to just let it run its course? Does the President/Governor tell the people: ‘Staying at home is your best defense but it is up to you’ only to have the opposition scream bloody murder when the number of deaths skyrockets? No simple answer. Like Clancy says thru one of his characters; ‘The Constitution is not a suicide pact’.
LikeLike
Although a solid supporter of President Trump I am totally against the closing down of our economy to ‘stop a virus’ that is on target to kill (really, exacerbate the effects of other diseases) ‘at risk’ people – most of whom are fated to die from their underlying illnesses aside from Wuhan Virus. A better approach would have been to force ‘at risk’ population to limit their activities, rather than impose ‘punishment’ on the entire nation.
LikeLike
I have a 19 year old granddaughter who has JID. She is studying to be a nurse in Germany. Shall I just say, “Oh, well. She has an “underlying ilness”? I’d like to use profanity to read you your pedigree, but I’m afraid I’d run out of words before I could adequately describe you. Scheissekopf.
LikeLike
” A better approach would have been to force ‘at risk’ population to limit their activities, rather than impose ‘punishment’ on the entire nation.”
This is an ignorant and misinformed comment, that’s not how you keep people safe and stop the spread of the virus.
LikeLike
Thank you Sir for your dedication and unrelenting work to keep our rights protected . Your expertise is greatly needed and appreciated! Please keep up the good work for those of us who believe in the second amendment and love the freedoms of this, our Great Nation . Thank you Sir
LikeLike
Who made up this list of who can stay open and who can close? All manufacturing plants have safety managers who can handle situations as this. Cartech can stay open fully but Deka can’t. R.M. Palmer must use sanitary conditions but will have to close and go bankrupt thus West reading losing their main employer.
LikeLike
Why are beer distributors Life Sustaining? I know a couple who both now cannot work. The wife works in the hospitality industry and the husband owns a small maintenance/construction business. How do they pay their bills?
LikeLike
Correction, confectionery manufacturers can stay open. As the poster above questions. Some don’t make sense.
LikeLike
Thank you for your excellent legal analysis of the usurpation of constitutionally derived power, by the governor; and your quick actions to relieve Pennsylvanians of this unjust burden. All of life is a risk. I am more inclined toward the opinions of several epidemiologists that postulate that we just simply need to go about our lives, acknowledge the virus as a threat, try to develop vaccines or hopeful treatments such as Hydroxycloroquine with Azithromycin, and eventually, hopefully, develop a “herd immunity” to the virus.
LikeLike
The people would be better served if the government required them to wear a N95 mask in public.
LikeLike
Thank you!!!! Wolf’s order is overreach is plain and simple.
LikeLike