MONUMENTAL DECISION – Portions Of Pennsylvania’s Uniform Firearms Act Declared Unconstitutional, Including the Restrictions on The Transporting of Arms In A Vehicle!

Posted on by Joshua Prince, Esq.

Today, Chief Counsel Joshua Prince of the Firearms Industry Consulting Group, was successful in securing a monumental decision and order in Suarez, et al. v. PSP Commissioner, 1:21-cv-710 (Middle District of PA). The injunction precludes the Pennsylvania State Police from (1) enforcing the state of emergency provision (18 Pa.C.S. 6107); and (2) from enforcing our draconian transportation laws, in relation to the general inability to transport a firearm in a vehicle (18 Pa.C.S. 6106).

In relation to the restriction on being able to transport a firearm in a vehicle to any location, Judge Conner declared

If public carry necessarily extends beyond the home such that an individual may lawfully bear a firearm in a public place, commonsense dictates that the Constitution’s protections cannot simply evaporate whenever a vehicle is required to travel between the two” and resultantly, “the court cannot countenance an interpretation whereby those protections extend only as far as an individual can travel by foot. We therefore conclude that the conveyance of firearms in motor vehicles is conduct protected by the Second Amendment.

While Plaintiffs had additionally challenged the constitutionality of all of Section 6106(a) and limitations imposed by Section 6109 to obtain a license to carry firearms, the court found those to be constitutional. The court also declined to decide the constitutionality of Section 6108 (restrictions on carrying in Philadelphia) and instead provided the Plaintiffs with an opportunity to file an amended complaint. As it is likely that both sides will be appealing, stay tuned!

Please join us in congratulating Josh on this monumental victory!

If your state or federal constitutional rights have been violated, 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.

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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).

14 thoughts on “MONUMENTAL DECISION – Portions Of Pennsylvania’s Uniform Firearms Act Declared Unconstitutional, Including the Restrictions on The Transporting of Arms In A Vehicle!”

  3. Mr. Prince, a big thanks for your hard work and steadfastness in bringing common sense and justice to this craziness we’ve had to deal with for too many years. Keep up the great work!

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  5. More questions…..

    1. What does this mean? Is it still necessary to have a CCW permit to transport a loaded gun in a vehicle?
    2. Does this ruling apply to rifles as well?
    3. If this ruling negates the need for having a CCW to transport a loaded gun in a vehicle, will one need the CCW to carry in public places?

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  6. Also since it’s legal to open carry in a public place with out a CCW license but upon entering your vehicle you have to separate your firearm from your ammo and store separately. Can you now open carry on your person inside your vehicle with out a license to carry, or does the separate rule still apply? Thanks for all you do protecting our 2nd amendment.

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  7. Thank heaven for Prince Law offices. Hunters, shooters, or those who care for defense of self and family owe Prince a big thanks even if they’ve no idea these battles go on. The grabbers are relentless so we must be too. Thanks to Prince from all 2As.

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  8. If I am not mistaken, the National Constitution declares piracy to be a crime. How does one fight pirates without weapons? I expect that statement would mostly be misconstrued until the individual examines the history of the former SS United States. I do believe the Dems have used said vessel to create offshore accounts. Why does Harvard Law Review ask if piracy is still a crime??

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    1. It all depends whose using them. Our pirates such as Jean Lafitte are called privateers and are governed by the U.S. Constitution Article 1 Section 8. The Congress shall have the power to grant Letters of Marque and Reprisal. The privateer owns their own cannons and firearms.

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  10. I just want to thank you Joshua, from the bottom of my heart, for your steadfast and staunch stance to defend our GOD GIVEN rights against the puritanical and ignorant legislature that constantly attacks law-abiding gun owners AND veterans who HAVE NOT broken any laws or given reason to be disarmed by a corrupt political government.

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