While I have blogged on the topic extensively, several individuals have requested that I write an article including all the pertinent information (and include new Dept. of State guidance on the topic) in one article, as many residents of Pennsylvania are unaware of their right to carry a firearm while voting, unless their polling location … Continue reading Political Speech – Carrying a Firearm While Voting in PA – It’s Lawful!
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).
Allegheny County Sheriff’s Department Violates the Law in Issuing Unlawful LTCF
Today, I became aware of an article by Stephen J. Nesbitt and Jonathan D. Silver of the Pittsburgh Post-Gazette entitled Sheriff's Office deletes photos of Pirate Parrot 'gun license' in which it not only alleges, but provides proof, that the Allegheny County Sheriff's Office issued a license to carry firearms (LTCF) to a fictitious mascot … Continue reading Allegheny County Sheriff’s Department Violates the Law in Issuing Unlawful LTCF
VA Actively Depriving Veterans of Second Amendment Rights
Today, I met with a client who was denied by FBI / PSP because of, as stated on the denial, "Veterans Affairs Administration." Although I've vociferously spoken out against the VA being able to strip individuals' Second Amendment rights, in all honesty, until today, I had not seen a case where a veteran had actually … Continue reading VA Actively Depriving Veterans of Second Amendment Rights
PSP Illegally Disclosing LTCF Information Through NCIC
Over the past couple days, I have received several reports, one from a 911 dispatcher, that approximately 3 days ago, an update was completed to the NCIC system, whereby when an officer in Pennsylvania runs an individual's driver's license, if the individual has a license to carry firearms (LTCF), the information relating to the individual's … Continue reading PSP Illegally Disclosing LTCF Information Through NCIC
Allentown RTKL Response to Illegal Firearm Regulation Proposals
As many of our viewers are aware, I frequently submit Right to Know Law (RTKL) requests to municipalities in relation to firearms law matters. After the City of Allentown noticed its intent to propose and adopt new firearm ordinances, in violation of 18 Pa.C.S. § 6120, I filed a RTKL Request seeking information relative to … Continue reading Allentown RTKL Response to Illegal Firearm Regulation Proposals
6th Circuit Acknowledges Second Amendment As-Applied Challenges To Mental Health Commitments
As our readers are aware, in July, I was successful in arguing in Keyes, et al. v. Lynch, et al., before the Middle District of Pennsylvania that a life long prohibition on an individual as a result of a single, isolated mental health commitment violated his Second Amendment rights, as-applied to him. Today, the 6th … Continue reading 6th Circuit Acknowledges Second Amendment As-Applied Challenges To Mental Health Commitments
MONUMENTAL Decision from the Superior Court Vacating Its Prior Decision Regarding Weapons on School Property!
As our viewers are aware, I previously wrote about the devastating decision in Commonwealth v. Goslin from the Superior Court in relation to carrying a weapon on school property and the "other lawful purpose" defense. After the decision, Mr. Goslin contacted me and we, pro-bono, filed a Motion for Reconsideration/Reargument en banc, wherein, inter alia, … Continue reading MONUMENTAL Decision from the Superior Court Vacating Its Prior Decision Regarding Weapons on School Property!
Individuals Can Obtain Federal Firearms Relief for Non-Violent Misdemeanor Offenses!
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!
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!
