As many of our readers are extremely frustrated with Governor Wolf’s Order of Governor of the Commonwealth of Pennsylvania Regarding the Closure of All Businesses that are not Life Sustaining, and incorporated List of Life Sustaining Businesses, of March 19, 2020, it is important to know, while we await the Pennsylvania Supreme Court’s decision, that the Pennsylvania General Assembly can end the state of emergency at any time.
Specifically, 35 Pa.C.S. § 7301(c) provides, in pertinent part:
The 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.
So, why aren’t you reaching out to your elected representatives and letting them know that you demand that they immediately terminate the state of disaster? If you don’t know who your representatives are, you can search here – https://www.legis.state.pa.us/cfdocs/legis/home/findyourlegislator. And from what I understand, it is the House and Senate Leadership that are failing to take action, not the individual members. You can find the House Leadership here and the Senate Leadership here. Let your voice be heard!
If you or someone you know has had their rights violated by a Government agency, contact Civil Rights Defense Firm 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.
Why aren’t we contacting are reps?
Because we don’t want them to end the State of Emergency.
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Federal law5717, just found out about it. Sure you’ve seen it. Just getting the word out .I’m sure this was in the wings, waiting ,when we would be busy with the chicom bug.Regards DanSent from my MetroPCS 4G LTE Android Device
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What about HB2344 ?
This has to do with internet purchases of ammo. To stop the purchases and/or make you buy a permit to purchase ammo via internet for $50.00 and only good for 3 years. All of which is totally against our constitution and bill of rights. Your thoughts please.
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Open up western Pa !! I live in Allegheny county !!!!
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Open up Huntingdon county
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So you are saying a joint resolution passed in both chambers by simple majority in each chamber is all that is needed. No signature of governor nor can he veto it.
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From the pa constitution
§ 9. Action on concurrent orders and resolutions.
Every order, resolution or vote, to which the concurrence of both Houses may be necessary, except on the question of adjournment, shall be presented to the Governor and before it shall take effect be approved by him, or being disapproved, shall be repassed by two-thirds of both Houses according to the rules and limitations prescribed in case of a bill.
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Anthony, what you shared is stated verbatim in the *US Constitution. However, that is not what I find in the PA Constitution. Can you please share specifically where you found this?
I am only finding what others have shared, which is:
Pennsylvania Consolidated Statutes Title 35 Pa.C.S.A. Health and Safety § 7301. General authority of Governor
(c) Declaration of disaster emergency.–…The General Assembly by concurrent resolution may terminate a state of disaster emergency at any time.
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1:03 Pennsylvania Statutes Title 35 Pa.C.S.A. Health and Safety § 7301. General authority of Governor
(c) Declaration of disaster emergency.–…The General Assembly by concurrent resolution may terminate a state of disaster emergency at any time.
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