Year in Review: Major Pennsylvania and Federal Firearms Law Cases of 2020

As the year is thankfully coming to a close, we thought it important to document some of the monumental court decisions and issues that Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., was involved in or obtained in 2020, even while we dealt with COVID and substantial court closures.

1. Landmark, et al. v. Pennsylvania State Police Commissioner Evanchick, 694 M.D. 2019, an injunction was issued against the Pennsylvania State Police’s implementation and enforcement of its “policy” regarding what it refers to both as “partially-manufactured frames and receivers” and “80% receivers.”
2. City of Philadelphia v. Armstrong – Thanks due to the steadfast support of Firearm Owners Against Crime (FOAC) and Firearms Policy Coalition (FPC), the City was enjoined from enforcing its unlawful lost and stolen firearm ordinance, which only serves to revictimize victims of crime. There is an appeal pending before the Commonwealth Court. So stay tuned!
3. Civil Rights Defense Firm, et al. v. Governor Wolf, 63 MM 2020 – When Governor Wolf shuttered the legal profession and federal firearm licensees, we immediately filed a King Bench Petition before the PA Supreme Court. Although the PA Supreme Court elected not to take up the case, due to the dissent by Justices Wecht, Donohue and Dougherty and the Governor’s knowledge that we intended to file a Complaint before the Commonwealth Court, Governor Wolf immediately declared Federal Firearm Licensees to be life-sustaining.
4. John Doe, et al.,  v. Monroe County, et al, 6384 cv 2015 – we obtained a $4 million dollar settlement and permanent injunctive relief for those whose confidential license to carry firearms applicant information was disclosed.
5. Holloway v. Attorney General – while the Third Circuit overturned our Second Amendment as-applied win before the Middle District of Pennsylvania in relation to whether a DUI conviction can constitutionally prohibit an individual in perpetuity, we have now filed a Petition for Certiorari with the U.S. Supreme Court!
6. Folajtar v. Attorney General – while we also had the Third Circuit uphold a perpetual ban on a young woman who made false statement on a tax return, we have now file a Petition for Certiorari with the U.S. Supreme Court!
7. Firearm Owners Against Crime, et al v. City of Harrisburg, et al – we had oral argument before the PA Supreme Court on what mus be averred or otherwise proven to establish standing to challenge an unlawful firearm or ammunition ordinance.
8. Firearm Owners Against Crime, et al v. City of Pittsburgh, et al – we had oral argument before the Commonwealth Court in relation to the City’s appeal of the trial court’s determination that all three ordinances enacted by the City of Pittsburgh were unlawful.
9. When a number of Pennsylvania Sheriffs violated their oaths, we took action to reopen the sheriff departments for the issuance of licenses to carry firearms. This includes the federal court action of Fetsurka, et al v. City of Philadelphia, et al, which resulted in the City of Philadelphia implementing an electronic license to carry firearms application process.
10. Governor Wolf signed HB 1188, which made the use of thermal and night vision devices lawful for hunting in Pennsylvania.
11. We addressed that it is not unlawful in Pennsylvania to carry a firearm, pursuant to a license to carry firearms, while wearing a mask.
12. We also addressed what to do if law enforcement seeks to confiscate your 80% lower/frame/receiver.
13. We also alerted our viewers of ATF’s intent to entering into a notice and comment period regarding stabilizing braces and thereafter posted when the ATF withdrew the notice.

So what can we expect for the new year?

1. A decision by the PA Supreme Court in Firearm Owners Against Crime, et al v. City of Harrisburg, et al, regarding what is necessary to aver or prove in order to establish standing to challenge an unlawful municipal firearm or ammunition ordinance
2. A decision by the Commonwealth Court in Firearm Owners Against Crime, et al v. City of Pittsburgh, et al, regarding its three unlawful firearm and ammunition ordinances.
3. A decision by the Commonwealth Court in City of Philadelphia v. Armstrong regarding its unlawful lost or stolen firearm ordinance.
4. A decision by the U.S. Supreme Court in Holloway v. Attorney General as to whether to grant Certiorari.
5. A decision by the U.S. Supreme Court in Folajtar v. Attorney General as to whether to grant Certiorari.
6. New new anti-gun Biden administration ATF.

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If you or someone you know has had their right to keep and bear arms infringed, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.

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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.