MONUMENTAL VICTORY: PSP’s Policy on Partially Manufactured Frames and Receivers is Revoked!

Posted on by Joshua Prince, Esq.

Today, after six years of litigation, Chief Counsel Joshua Prince of the Firearms Industry Consulting Group (“FICG), a division of Civil Rights Defense Firm, P.C., secured a major victory against the Pennsylvania State Police (“PSP”) in Landmark Firearms, LLC, et al. v. PSP Commissioner Evanchick, 694 MD 2019.

As many of our readers will remember, in December of 2019, after then-Attorney General Josh Shapiro issued guidance that “partially manufactured frames and receivers” constituted firearms in this Commonwealth and the PSP implemented a policy accordingly, we filed suit in the Commonwealth Court against then-PSP Commissioner Evanchick and obtained a preliminary injunction, issued by then-Judge (now-Justice) Kevin Brobson.

After the injunction being in place for almost six years, the Commonwealth Court directed the parties to prepare appropriate filings for a final decision to be made by the court. Instead, acting-PSP Commissioner Bivens agreed to revoke the policy. Resultantly, the parties entered into a Stipulation, which was approved by the court today.

My favorite part of litigating this case occurred during argument on our request for a preliminary injunction, where the following exchange occurred between the attorney for the Attorney General’s Office and then-Judge Brobson.

You are reading that correctly; according to then-AG Shapiro and his Office, we’re mere peasants that are to be subjected to the rule of law (which he makes up out of whole cloth), unlike himself and the ruling class, which are to be protected at all cost.

It must be noted that none of this would have been possible without the support of Firearms Policy Coalition, which was also a Petitioner in this matter.

If you or someone you know has had their rights violated by a Government agency, 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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