Today, Chief Counsel Joshua Prince filed an Answer in response to the City of Philadelphia’s Petition for Allowance of Appeal to the PA Supreme Court and numerous, liberal Amici submissions relating to the Commonwealth Court’s decision striking down (for a second time) the City of Philadelphia’s lost and stolen firearm ordinance.
As our viewers are aware, Chief Counsel Prince was successful on February 14, 2022 in having the City of Philadelphia’s lost and stolen firearm ordinance struck down. In issuing the decision, the Commonwealth Court rebuked the City of Philadelphia, declaring:
Here, the facts, procedural history, and legal background of this case establish that the City is attempting to enforce a law that it knew, or reasonably should have known, was unenforceable due to our 2008 decision in Clarke, as well as the preceding and succeeding case law from this Court. Nonetheless, the City pursued this prosecutorial action against Appellant, without making any kind of notable linguistic change to the law it seeks to enforce and was struck down as preempted in Clarke. Also, the City does not make any meaningful argument for a change in the current state of the case law, opting instead to essentially ignore the precedential authority of this Court as if it does not exist. Ultimately, the City’s decision to proceed with prosecution under Section 10-838a, a lost and stolen reporting law, and then incredibly claim that the law is actually a “straw purchaser” law, which, in any event, has also been held to be preempted by this Court, see supra notes 7-8, evidences a form of bad faith and harassment on the part of the City.Emphasis added
As a result, Chief Counsel Prince filed an Application for Attorney Fees and Costs, which is still pending before the Commonwealth Court.
However, intent on attempting to eviscerate the constitutional and statutory rights of the People, the City of Philadelphia filed a Petition for Allowance of Appeal with the PA Supreme Court, and the City’s repeat offender minions, that same day in lockstep with Philadelphia, filed three separate amici briefs (meaning, supposedly, “friend of the court” briefs):
- Amici Filing of Amici City of Aliquippa, City of Chester, City of Lancaster, City of Harrisburg, City of Pittsburgh, City of Scranton, Abington Township, Bucks County, Delaware County, Chester County District Attorney Deborah Ryan, Delaware County District Attorney Jack Stollsteimer, and Pennsylvania Municipal League;
- Amicus Filing of The International Municipal Lawyers Association; and,
- Amici Filing of Giffords Law Center to Prevent Gun Violence, Brady, and March for Our Lives Action Fund.
In response, we filed our Answer to the stupidity nonsense of everything filed. In support of our position, Firearm Owners Against Crime – Institute for Legal, Legislative, and Educational Action and the Allegheny County Sportsmen’s League jointly filed a beautiful Amici brief with the Court.
If you or someone you know has been the victim of an unlawful municipal firearm or ammunition regulation or ordinance, contact FICG today to discuss your options.
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