On Monday, U.S. District Court Judge Gerald McHugh issued an Order in Knife Rights, Inc., et al, v. City of Philadelphia, et al, 2:23-cv-1758 entering judgment in favor of the Plaintiffs and against the City of Philadelphia as a result of an acceptance of judgment. In essence, the City of Philadelphia, knowing it would lose the case, elected to accept judgment against it.
Consistent therewith, the Order goes on to declare Philadelphia Ordinance Section 10-820 unenforceable and enjoins the enforcement of it. For those unaware, Section 10-820 makes it a crime to “use or possess any cutting weapon upon the public streets or upon any public property at any time.”
The Order further goes on to dismiss the challenge to Ordinance 10-833, as it declares that the section “shall become effective only upon the enactment of authorizing legislation by the Pennsylvania Assembly” and no such legislation has been passed by the General Assembly. For those unaware, Section 10-833 prohibit anyone from “knowingly possess[ing] a weapon or knowingly caus[ing] a weapon to be present, whether openly or concealed, in the buildings of, within one hundred (100) feet of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Pennsylvania Department of Education or any elementary or secondary parochial school.”
One of these days, Philadelphia will stop violating the rights of the people of this Commonwealth!
But until then, if you or someone you know has been the victim of an unlawful municipal regulation or ordinance, 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.
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.
4 thoughts on “Philadelphia Loses Again, This Time in Relation To Its Unlawful Knife Ordinance”
Just another example of the Tyrannical Government that was forced on Patriots!
It’s funny how politicians ensure that emergency services, and lawyers continue to have job security.
US citizens could save millions if they only got rid of politicians.
Just another example of the Tyrannical Government that was forced on Patriots!
LikeLike
It’s funny how politicians ensure that emergency services, and lawyers continue to have job security.
US citizens could save millions if they only got rid of politicians.
LikeLike