Today, 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 Montgomery County Court of Common Pleas on behalf of Firearm Owners Against Crime – Institute for Legislative, Legal, and Educational Action (FOAC-ILLEA), Shot Tec, LLC, and Grant Schmidt against Lower Merion Township over its recently enacted ordinance regulating (out of existence) Federal Firearm Licensees (FFLs) in the township.
As explained in the 37 page Complaint, in violation of numerous constitutional and statutory provisions and in outright defiance of the Commonwealth Court’s recent en banc decision in FOAC, et al. v. City of Pittsburgh that “that an ordinance will be preempted so long as it touches upon or relates to the field of firearm regulation ‘in any manner,’” Lower Merion Township enacted Ordinance 4267, which regulates zoning districts from which firearms may be transferred or otherwise sold. While the Township originally contended that it only bans FFLs as home occupations and from most, but not all, other zoning districts (which is unlawful in and of itself as a result of preemption), Ordinance 4267 is actually completely exclusionary as it requires a copy of the issued FFL and state licenses to be on file with the Township to comply with the “conditional use;” yet, one must certify, subject to the penalties of perjury, that he/she/it is in compliance with local zoning to obtain an FFL; thereby resulting in a chicken-or-the-egg impossibility of never being able to come into compliance with the requirements of Ordinance 4267.
Given the impact on the constitutional and statutory rights of numerous individuals in Lower Merion Township, a motion for an injunction has already been filed with the court, seeking to permanently enjoin Lower Merion Township from violating those individuals’ rights.
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).
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Prince Law Offices Blog 
There’s an element of absurdity to these never-ending attempts to do an end run around the plain, simple language of firearm preemption law. With all due respect, I counted five Esquires after the names of the Lower Merion Township Board, so I’m guessing this is straight out of the Bill Clinton “It depends on what the meaning of the word ‘is’ is.” School of Law.
What interests me at this point is something I believe Judge Patricia McCullough wrote regarding a case, again I believe, that is now before the Pa Supreme Court, that the gun control side had acted in “bad faith”. Is that a legal term with any teeth to it ? These people have shown such malicious disregard for the rule of law, they should be held to account.
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