Today, Chief Counsel Joshua Prince, assisted by Attorney Dillon Harris, secured a monumental decision by the Pennsylvania Commonwealth Court, wherein the Court ruled that Pennsylvania State Police Commissioner Bivens and the Pennsylvania State Police’s regulation, adding a “disqualifying criminal offense” as a nebulous, prohibiting criteria, was unconstitutional.
Specifically, the Court declared that:
(1) Lieutenant Colonel George Bivens, Acting Commissioner Pennsylvania State Police’s (PSP) interpretation that simple assault is a crime of violence or a disqualifying criminal offense violates article II, section 1 of the Pennsylvania Constitution, PA. CONST. art. II, § 1 (Non-Delegation Doctrine); (2) a crime of violence is the sole conviction basis on which PSP may deny a qualification certification under the Lethal Weapons Training Act (Act 235) (i.e., the only disqualifying criminal offense under Section 21.1 of PSP’s Regulations, 37 Pa. Code § 21.1, is a crime of violence); and (3) simple assault is not a crime of violence as PSP has defined that term in Section 21.1 of its Regulations.
Unfortunately, the Court declined to hold that the PSP is precluded from regulating the definition of “crime of violence” or to address the completely unconstitutional appeal process from any denial/revocation of an Act 235 certification. As such, it is likely that this case will be appealed – as of right – to the Pennsylvania Supreme Court to address these issues.
If you or someone you know has been the victim of an unlawful policy or position of the Pennsylvania State Police or another administrative agency, 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).
View all posts by Joshua Prince, Esq.
Prince Law Offices Blog 
I am a retired Police Officer with an aggregate of over 10 years as required by Leosa/Rleia and was injured on duty making an arrest. I asked for retired photo Police Identification from the School District Police (they no longer have ANY Police now) so the BOE and School District a local Gov, Agency. I was SWORN by the District made arrests and they denied my request and I am suing them under some mandamus thing BUT the PSP “mindy” looked at my separations and said “sure you are no problem” BUT the School District must give you a photo id card. So I have had to sue and currently going on. There are no other ways in dealing with it and the PSP who establishes the application of the LEOSA has no way to address it rather than say “tough” sue them. The RELIA is a “Shall” issue law but no penalty and so unenforceable.
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