As our viewers are aware, on Friday, Chief Counsel Joshua Prince, assisted by Attorney Dillon Harris, secured a monumental victory for the residents of Pennsylvania, when Commonwealth Court Judge Patricia McCullough issued a preliminary injunction against the Pennsylvania State Police in Firearm Owners Against Crime – Institute for Legal, Legislative and Educational Action, et al. v. PSP Commissioner Evanchick, in relation to its non-compliance with 18 Pa.C.S. 6111.1, by failing to provide instantaneous or otherwise immediate responses to firearm background checks. Late yesterday, PSP Commissioner Evanchick filed a Notice of Appeal and Jurisdictional Statement with the PA Supreme Court arguing, among other things, that a court should not be able to require the PSP to comply with a duly enacted statute or, alternatively, to the extent a court can, the PSP should not be required to comply with Section 6111.1, because the words “instantaneously,” “immediately” and “expeditiously” are, according to Commissioner Evanchick and Attorney General Josh Shapiro, ambiguous…This is the same Attorney General Josh Shapiro who directed the PSP to redefine the definition of firearm that the General Assembly already defined, which resulted in the PSP being enjoined from enforcing its newly minted definition and a finding that AG Shapiro and the PSP violated the due process rights of the residents of the Commonwealth in implementing and enforcing its new definition.
You cannot make this stuff up, folks!
If your constitutional rights have been infringed upon by the Commonwealth or agency thereof, contact FICG today to discuss YOUR options!
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