PA Commonwealth Court Holds That The Commercial Sale Of Arms Is NOT Protected By The Second Amendment

Posted on by Joshua Prince, Esq.

Today, in what appears to be another political, non-judicial, decision issued by the Pennsylvania Courts in the recent week, the Commonwealth Court, en banc, in a decision written by Judge Lori Dumas, with apparently no dissenting opinions, held in In Re: Appeal of The Gun Range, LLC that “there is no obvious textual link between the right to keep and bear arms and a right to sell them” and thus “there is no constitutional right to provide arms.”

The court went on to declare that since it “conclude[s] that the plain text of the Second Amendment does not presumptively protect Gun Range’s proposed course of conduct [i.e. the sale of arms] … an inquiry into the historical tradition of this Nation’s zoning laws is unnecessary.” The court continued that “we decline to extend Bruen to an implied right to engage in the commercial sale of arms because it is too attenuated from the right of law-abiding individuals to keep and bear arms for self-defense.”

Really?!?! Prey tell how one can keep and bear arms, if the government can preclude, in toto, the sale of arms. Based on this ruling, it would seem that the court would hold that the government can ban the sale of ink, pens, pencils, typewritters, and printers and such would not be violative of one’s First Amendment right to freedom of speech….but I digress. And it is telling that the court does not want to address the historical support for such regulation, since it does not exist.

This is what happens when we don’t elect constitutionally-oriented judges to the appellate courts, especially the Commonwealth Court, and attempt in the primaries to preclude the true constitutional-oriented candidates, with extensive experience addressing constitutional issues, from being on the ballot. We reap what we sow.

If you or someone you know has been the victim of an unconstitutional firearm regulations, 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).

9 thoughts on “PA Commonwealth Court Holds That The Commercial Sale Of Arms Is NOT Protected By The Second Amendment”

    1. Would it be possible to direct appeal to the US Supreme Court after that though (e.g. the PA Supreme Court upholds this decision or refuses the petition altogether)? They could reverse this and the “spirit of aloha” case without argument since the Bruen decision is not getting followed properly.

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  3. This decision will just promote more “ghost” guns being produced and making law abiding citizens criminals. Even though in the War of Independence it was the ghost gun of it’s time the Pennsylvania Long rifle with it’s superior firepower over the British firearm that helped win the war.

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  4. Good bye PA. The locusts are here. PA will fall like NJ, NY, and CA.
    We are officially out numbered, and this who are left do not care for their rights…. nor do they deserve them.

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  5. Pingback: PA COMMONWEALTH COURT HOLDS THAT THE COMMERCIAL SALE OF ARMS IS NOT PROTECTED BY THE SECOND AMENDMENT | Jews Can Shoot

  6. Keep up your great work Josh protecting our Constitution and our 2nd Amendment…
    Wish we had a strong Constitution Party.
    Hand Salute 🇺🇸

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