PA State Government Committee FAILS to Protect Inviolate Rights – HB 2440

Posted on by Joshua Prince, Esq.

Today, the Pennsylvania House Government Committee – instead of standing up for Pennsylvania citizens’ inviolate rights by enacting an amendment that would have reasserted those rights – amended HB 2440 to putatively reopen sportsman clubs with an amendment that provides a whole host of issues.

While I disagree that all sportsman clubs have been shuttered by Governor Wolf’s draconian, ultra vires, and unconstitutional fiat, such is beyond the scope of this article.

The Committee was petitioned, with language I drafted, to amend the language in HB 2440 to:

Notwithstanding any law or regulation to the contrary now existing or enacted in the future, consistent with the inviolate rights enumerated by Article 1, Sections 21 and 25 of the Pennsylvania Constitution, shooting ranges, sportsman clubs, hunting facilities, and firearm or ammunition product manufacturers, retailers, importers, and distributors, inclusive of their employees and agents, shall always constitute life-sustaining businesses in the Commonwealth, which shall never be shuttered or limited in their ability to produce, provide, sell, or otherwise offer firearms, ammunition, firearm accessories, component parts of firearms, ammunition, and firearm accessories, and all services, training, safety, and practice related to firearms and hunting.

Unfortunately, the Committee elected instead to enact an amendment – after being warned about all the issues with the proposal – that provides:

The Secretary of Community and Economic development shall immediately issue a waiver to the Governor’s 20200319 TWP COVID-19 Business Closure Order to all outdoor sportsman clubs that can adhere to social distancing practices, mask requirements and other mitigation measures defined by the Centers for Disease Control and Prevention to protect individuals and to mitigate the spread of the COVID-19 virus.

So let’s talk about the major issues with this:

  1. What about when the Secretary refuses? They’ll file a mandamus request in the Commonwealth Court? I wouldn’t hold my breath…they’ve been feckless, while Governor Wolf has been violating our inviolate rights. They have not involved themselves in ANY of the litigation challenging it. Why would this be any different?
  2. It directs the Secretary to issue “a waiver.” Why would the Secretary issue a waiver to the Business Closure Order? Wouldn’t you just enact a bill that says that sportsman clubs are essential and therefore must be included on the list? Well, maybe it is intended to require sportsman clubs to apply for a waiver; but why then, does it say the Secretary is to issue “a waiver,” instead of “waivers”? There are also sportsman clubs with outstanding waiver requests that have had no response for a month now…Anyone think that the waiver requests won’t just be sat on? Oh wait, we can petition the Commonwealth Court, right? Yeah, put that cost on the sportsman clubs, so that by the time the court hears the challenge, the Commonwealth will be reopened in entirety…
  3. This amendment requires MORE than Governor Wolf is requiring for Golf courses. That’s right, Governor Wolf said that masks are not mandatory at Golf courses, but our feckless leaders want to enact a bill providing that they are required for sportsman clubs…

I could go on, but what’s the point? Our elected representatives don’t appear to get “it.” And by “it,” I refer to the Pennsylvania Constitution. Perhaps if “We The People” let our representatives know that we will no longer stand for this manifest injustice, something will change. Please consider contacting your PA Representatives and demanding that HB 2440 be amended with the language I drafted and proposed that is specified above.

You can find your Pennsylvania Representative and Senator here – https://www.legis.state.pa.us/cfdocs/legis/home/findyourlegislator.

If you’d like to donate to support all the time and cost that Civil Rights Defense Firm, P.C. has expended fighting Governor Wolf’s ultra vires and unconstitutional acts, you can do so here – https://secure.lawpay.com/pages/civilrightsdefensefirm/trust. Just place Donation in the reference field.

If you or someone you know has had their rights violated by Governor Wolf’s fiat, 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.

 

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).

4 thoughts on “PA State Government Committee FAILS to Protect Inviolate Rights – HB 2440”

  2. I never heard President Trump institute Marshall Law? I understand that you have to be careful while around others, but come on people. If we end up in a depression because of this, you will see hell on earth. So put your big boy pants on and go to work!

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  3. Mr. Prince, I live in Pittsburgh, and my Senator/Representative are both anti-gun Democrats who are impervious to any Republican challenger. In your experience, is there any point in complaining to them? Or would drawing their attention to this issue only encourage them to fight your proposed language to HB 2440 even harder?

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  4. Question, I have a shooting range on my property that different groups use to teach firearms safety, is this ok???

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