Late yesterday, Chief Counsel Joshua Prince, assisted by Attorney Dillon Harris, secured two monumental Orders by the Third Circuit granting reconsideration Williams v. Attorney General, 19-2694, vacating its and the district court’s prior decisions finding that Mr. Williams could not bring a successful Second Amendment as-applied challenge to his putative federal firearms prohibition stemming from a second DUI, and remanding the matter to the district court for reconsideration in light of Bruen v. NYSRPA, 142 S. Ct. 2111 (2022).
Upon it being remanded to the Eastern District of Pennsylvania, as a result of Judge Robert F. Kelly no longer being a judge of the court, it was reassigned to Judge John M. Younge, a Trump appointee.
We now await further direction from Judge Younge, as to whether he will simply issue a decision or whether he will seek additional briefing. While the outcome for Mr. Williams and others who are similarly situated is not yet known, based on the Bruen analysis and there not being any tradition in this Nation of stripping individuals of their Second Amendment rights as a result of DUI at the time of our founding, it would appear that Mr. Williams should be successful.
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.
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.
3 thoughts on “MONUMENTAL ORDER: Third Circuit VACATES Prior Decision Related to 2nd DUI Firearms Prohibition”
Great job Josh!
As someone struggling with the same circumstances as Mr. Williams and being charged with the top tier despite not having a BAC in the top tier, this gives me hope.