Today, the Third Circuit Court of Appeals issued its decision in the consolidated cases of Binderup and Suarez v. Attorney General of the U.S., et al., which provides that individuals who do not "commit serious crime[s]" do not lose their Second Amendment Rights, while acknowledging that "there are no fixed criteria for determining whether crimes … Continue reading Individuals Can Obtain Federal Firearms Relief for Non-Violent Misdemeanor Offenses!
Author: 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).
ATF Just Banned Ammunition – Well Not Really…
The internet is a blaze with articles declaring that ATF just banned ammunition sales as a result of a June 2016 Explosives Newsletter; however, it isn't exactly true (at least, not anymore). The ATF publishes newsletters which provide insight into complex subjects, shifting policies, and guidance on ATF’s plans to enforce regulations. In the June … Continue reading ATF Just Banned Ammunition – Well Not Really…
US Supreme Court Decision Affects Firearms Rights – Ability to Obtain Relief from Certain DUIs!
On June 23, 2016, the U.S. Supreme Court decided that case of Birchfield v. North Dakota, 14-1468, in which the Court held that while implied consent laws relative to driving under the influence (DUI) may impose civil penalties, it is unconstitutional for them to impose criminal penalties for refusing to consent. Specifically, as the Syllabus … Continue reading US Supreme Court Decision Affects Firearms Rights – Ability to Obtain Relief from Certain DUIs!
ATF’s Shocking Position on “Makers” of Silencers/Suppressors, Especially in Relation to Solvent Traps
As many of our readers are aware, Attorney Adam Kraut and I attended the NSSF's Import/Export Conference on August 2-3, 2016, for which we blogged about many of the statements made by ATF (and other federal agencies) in our blog - News from the Round Table Discussions at the NSSF Import/Export Conference. One issue that … Continue reading ATF’s Shocking Position on “Makers” of Silencers/Suppressors, Especially in Relation to Solvent Traps
Extremely Interesting Developments Relating to ATF’s Re-Opening of the Comment Period for the ATF 4473
As our readers are likely aware, I previously blogged that ATF had re-opened the comment period for the ATF 4473 form. After digging a little deeper, I determined that OMB issued a PRA Primer Memo of April 7, 2010 directing that an agency, after providing the initial 60 day notice period required by 44 U.S.C. … Continue reading Extremely Interesting Developments Relating to ATF’s Re-Opening of the Comment Period for the ATF 4473
If You Thought ITAR Was Bad…Firearm and Ammunition Manufacturing, Importing (and Gunsmithing) Taxes
Recently, attorney Adam Kraut with Firearms Industry Consulting Group, a division of Prince Law Offices, P.C., blogged about the guidance recently issued by the Directorate of Defense Trade Control (DDTC) relating to its interpretation of what constitutes manufacturing under the Arms Export Control Act (AECA) and its implementing regulations, the International Trafficking in Arms Regulations … Continue reading If You Thought ITAR Was Bad…Firearm and Ammunition Manufacturing, Importing (and Gunsmithing) Taxes
Say What?!?! ATF Re-Opens Comment Period for ATF-4473
In an extremely unusual turn of event, yesterday, the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") re-opened its comment period relative to its proposed changes to the ATF-4473 form, to provide an additional 30 days for comments. Our readers probably remember our April blog entitled ATF Soliciting Comments on Proposed Revisions to the Firearms … Continue reading Say What?!?! ATF Re-Opens Comment Period for ATF-4473
PA Supreme Court Affirms that Castle Doctrine is an Inherent Right
In a decision issued in Commonwealth v Childs on July 19, 2016 relating to the retroactive effect of Pennsylvania's Stand Your Ground law (HB40 of 2011), the Pennsylvania Supreme Court acknowledged that the Castle Doctrine is an inherent right, dating back to biblical times, and that the Right existed in common law, long before being … Continue reading PA Supreme Court Affirms that Castle Doctrine is an Inherent Right
Monumental Decision from the Middle District Court of Pennsylvania Regarding Mental Health Commitments and the Second Amendment
Today, Judge John E. Jones, III. of the United States District Court for the Middle District of Pennsylvania held in Keyes, et al. v. Loretta Lynch, et al. that an individual, who was involuntarily committed on a single-isolated occasion, can successfully challenge a prohibition under 18 U.S.C. § 922(g)(4). In this case, both Mr. Keyes … Continue reading Monumental Decision from the Middle District Court of Pennsylvania Regarding Mental Health Commitments and the Second Amendment
Devastating Decision from the Superior Court on “Other Lawful Purpose”
Today, the Superior Court issued a decision in Commonwealth v. Goslin, which addressed the defense in 18 Pa.C.S. § 912 that a weapon could be carried on school property for other lawful purposes. In this case, Mr. Goslin attended an informal hearing with school officials regarding his son's possession of a knife on school property. … Continue reading Devastating Decision from the Superior Court on “Other Lawful Purpose”
Prince Law Offices Blog 