As our readers are aware, earlier this week, Chief Counsel Joshua Prince and attorney Dillon Harris of the Firearms Industry Consulting Group, a division of Civil Rights Defense Firm, P.C., filed suit in the Commonwealth Court on behalf of Grant Schmidt, Shot Tec, LLC, and the Second Amendment Foundation (SAF) against Pennsylvania State Police Commissioner Christopher Paris and Montgomery County Sheriff Sean Kilkenny relating to the PSP’s promulgation of an unconstitutional regulation purporting to authorize warrantless searches of PA License to Sell Firearm licensees and Sheriff Kilkenny’s policy, beyond the scope of the unconstitutional regulation, to not only seize licensees in the absence of probable cause and a warrant, but to also force them to respond to questions and provide any requested documents.
Today, Petitioners/Plaintiffs entered into a Stipulation with Montgomery County Sheriff Kilkenny, wherein, he agreed to stay enforcement of his firearm license inspection policy and for the Commonwealth Court to issue an order enjoining him and and his officers, agents, servants, employees, and all persons in active concert or participation with him from implementing or otherwise enforcing his firearm license inspection policy, until a final decision is rendered by the Commonwealth Court.
We (as well as I’m sure the Commonwealth Court) are thankful that we could come to an agreement until the legal issues over the PSP’s regulation and his resultant policy are fully addressed by the court.
If you or someone you know has been the victim of an unlawful firearm regulation or policy, contact FICG today to discuss your 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).
View all posts by Joshua Prince, Esq.
Prince Law Offices Blog 
Thank you for fighting against this gun control incrementalism. against the law abiding citizens. Not mentioned, but it isn’t only fentanyl coming across the border. How about firearms including fully automatic firearms coming from China also. So the authorities can do all the checking they want but it won’t stop the illegal firearms from pouring into this country.
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It never ceases to amaze me how many times informal requests for compliance fail, and it takes litigation to gain compliance. There should be a remedy to hold government officials personally and financially responsible for the costs of litigation based on their unconstitutional policies. The government never has skin in the game because they just draw on the tax dollars, win or lose. That would start to make them think twice before signing off on dubious regulations and give due thought to their actions.
Another example of why qualified immunity should be eliminated in most cases.
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I know this is very belated, but you are absolutely correct with all of your points !
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OutStanding Prince & Dillon
WellDone!!!
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