US Department of Justice Opens Investigation Into Philadelphia Police Department’s Allegedly Unconstitutional Permit Denial/Revocation Practices

Posted on by Joshua Prince, Esq.

Today, the U.S. Department of Justice, Civil Rights Division announced that it had opened an investigation into whether the Philadelphia Police Department (PPD) – which is responsible for issuing licenses to carry firearms to residents of Philadelphia – is using the vague “good cause” and “character and reputation” standards to deny and revoke permits to carry firearms of Philadelphia residents.

After acknowledging that it “is a violation of the Second Amendment for government officials to use vague, personal discretion when determining whether to issue or revoke permits to carry firearms,” Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division, declared:

I have directed the Civil Rights Division, through our Second Amendment Section, to defend law-abiding citizens from local authorities who infringe the right to safely carry legal firearms [and that] [l]aw-abiding Americans, regardless of where they live, should not have to worry that their city will revoke their means of self-defense.

In her letter to the Philadelphia Mayor Cherelle Parker, Assistant Attorney General Dhillon explained that the “investigation concerns possible violations of the Violent Crime Control and Law Enforcement Act of 1994, 34 U.S.C. § 12601, which prohibits state and local governments from engaging in a pattern or practice of conduct by law enforcement officers that deprives individuals of rights protected by the Constitution or federal law” and “[t]he investigation will evaluate the PPD’s policies and practices regarding issuance and revocation of licenses to carry firearms and the PPD’s enforcement of the Pennsylvania Uniform Firearms Act of 1995, 18 Pa.C.S. § 6101, et seq. The Department will be assessing law enforcement practices under the Second and Fourteenth Amendments to the United States Constitution.”

As this is a monumental step by the Trump Administration in relation to the unlawful and unconstitutional practices, as they related to licenses to carry firearms, by the PPD, we wish to applaud these efforts. As our Firm is aware of a number of practices by the PPD that are contrary to the the Uniform Firearms Act and the Second Amendment, we will be contacting Assistant Attorney General Dhillon to make sure that the Second Amendment Section of the Civil Rights Division is aware.

If you or someone you know has been the victim of an unlawful practice of the PPD, 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.

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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).

2 thoughts on “US Department of Justice Opens Investigation Into Philadelphia Police Department’s Allegedly Unconstitutional Permit Denial/Revocation Practices”

  2. Another trick the Philadelphia Police department will do; non Philadelphia Pennsylvania residents who have a license to carry  will not be arrested but they will confiscate your firearm and make you jump through hoops and the bureaucracy to get it back.  They will make sure the cost to get it back will be more then what you paid for the firearm.

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