YEAR IN REVIEW: MAJOR PENNSYLVANIA AND FEDERAL FIREARMS LAW CASES OF 2023

Posted on by Joshua Prince, Esq.

As the year is coming to a close, we thought it important to document some of the monumental court decisions and issues that Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., or others were involved in or obtained in 2023.

  1. Williams v. Garland, et al., 19-CV-2641 – we succeeded in an as-applied challenge, obtaining a judgment that it was unconstitutional to strip Mr. Williams’ 2nd amendment rights on the basis of a DUI conviction. We expect the government to appeal this case to the Third Circuit, so stay tuned.
  2. Knife Rights, Inc., et al, v. City of Philadelphia, et al, 2:23-cv-1758 – A district court granted a challenge seeking to throw out a Philadelphia ordinance forbidding the carrying of “cutting weapons,” including common pocket knives, on public streets.
  3. The Matter of Mark McCloy – Certiorari was granted by the Maryland Supreme Court to hear an appeal in a case arising from Maryland State Police’s improper denial of a Handgun Qualification License.
  4. John Doe 1, et al.,  v. Franklin County, et al, 2014-cv-4623 – we reached a $3,000,000 settlement for the class members in a class action against Franklin County for improper disclosure of license to carry firearms information.
  5. Firearm Owners Against Crime, et al., v. Lower Marion Township – we filed suit to challenge an unconstitutional zoning ordinance that would make it impossible to operate an FFL in Lower Marion Township.
  6. Grant Schmidt, et al., v. Christopher Paris – we filed suit against the Pennsylvania State Police to enjoin the enforcement of an unconstitutional regulation authorizing warrantless searches of License to Sell Firearms holders, and obtained a temporary injunction for the duration of the proceedings.

So what can we expect for the new year?

  1. A decision from the PA Supreme Court in Barris v. Stroud Township, where we submitted an Amicus Brief on behalf of Allegheny County Sportsmen’s League, Beaver County Conservation League, Firearms Owners Against Crime – Institute for Legal, Legislative, and Educational Action, Unified Sportsmen of PA, and USCCA Legal Defense Foundation. This matter involves “Whether an ordinance that limits target shooting to two non-residential zoning districts, and thus does not provide for shooting ranges at all private residences, is facially unconstitutional under the Second Amendment to the United States Constitution.”
  2. A decision from the PA Supreme Court in Crawford, et al. v. Commonwealth, et al, where we submitted an Amicus on behalf of Allegheny County Sportsmen’s League and Firearms Owners Against Crime – Institute for Legal, Legislative, and Educational Action. This matter involves a challenge by the City of Philadelphia to constitutionality of our state firearm preemption statute and its contention that it violates “the Pennsylvania Constitution’s guarantee of all Pennsylvanians’ right to ‘enjoy[] and defend[] life and liberty’ in Article I, Section 1 by prohibiting the enactment of local firearm ordinances?” (Yes, that is the exact language, including the right to defend one’s self, from their question presented….you simply cannot make this stuff up!)
  3. An appeal from the judgment of the District Court in Williams v. Garland.
  4. A decision by the Maryland Supreme Court in The Matter of Mark McCloy.
  5. Further legal challenges to non-violent firearms prohibitions based on the holding in Range v. Attorney General.
  6. A Supreme Court ruling in Rahimi v. United States, which may constitutionally invalidate firearms prohibitions resulting from protective court orders.

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If you or someone you know has had their right to keep and bear arms infringed, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal 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.

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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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