In a 45-5 vote, the Senate approved HB 40, which is the Castle Doctrine, sending it to the Governor’s desk. It is expected that Governor Corbett will sign it into law, without any delay. This is a major victory for those of us that support the 2nd Amendment and a major blow to criminals. Once signed … Continue reading Castle Doctrine, HB 40, Headed to the Governor’s Desk!
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).
NFA Examiners Now to be Assigned by State
In the past, National Firearms Act (NFA) examiners have be assigned by the last name of the transferor or the by the business name of the transferor; however, the NFA Branch has announced that effective July 1, 2011, examiners will now be assigned via geographic location (aka by the state). The ATF’s announcement can be found here. The NFA Branch has … Continue reading NFA Examiners Now to be Assigned by State
Does an FFL have to Complete an Application/Record of Sale for a Receiver?
The issue frequently arises as to whether a Federal Firearms Licensee (FFL) in Pennsylvania must complete a PA Application/Record of Sale (Form SP 4-113) for the sale of a receiver. To the surprise of most FFLs, the Pennsylvania State Police (PSP), as of 6/2/2011, has stated that no PA Application/Record of Sale should be completed for … Continue reading Does an FFL have to Complete an Application/Record of Sale for a Receiver?
Places in PA that Individuals are Prohibited from Carrying at or in, even with a License to Carry Firearms
The question frequently arises as to where an individual with a valid License to Carry Firearms (LTCF) may not carry his/her firearm. For purposes of this article, I will focus strictly on State law places and not the federal place that are prohibited. 1. Court Facilities – Pursuant to 18 Pa.C.S. 913 and individual may not carry … Continue reading Places in PA that Individuals are Prohibited from Carrying at or in, even with a License to Carry Firearms
PSP Application/Record of Sale – What is Non-Taxable Sale?
On June 2, 2011, the Pennsylvania State Police (PSP) co-presented with the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE or ATF) at a Firearms Licensee seminar held at the Berks County Services Center. During the PSP’s presentation, the PSPexplained what was not a taxable sale for purposes of the PSPApplication/Record of Sale (Form SP 4-113) and how to document … Continue reading PSP Application/Record of Sale – What is Non-Taxable Sale?
USSCA Defense Shield – Firearm Self-Defense Insurance
The US Concealed Carry Association (USCCA) has formed the USCCALegal Defense Foundation, Inc. to provide members with protection in the event the member is required to use deadly force. Named Self-Defense Shield, it is a insurance policy, owned by the USCCA, that designated the members as beneficiaries. Depending on the level of membership (Silver PLUS, Gold PLUS, or Platinum PLUS) will … Continue reading USSCA Defense Shield – Firearm Self-Defense Insurance
ATF, PSP and Berks County Sheriff’s Department – Firearms Licensee Seminar
Tonight, the Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted a Firearms Licensee seminar, along with the Pennsylvania State Police, and which was hosted by the Berks County Sheriff’s Department. Accordingly, a huge thanks goes out Sheriff Weaknecht for making this possible. In years past, ATF has attempted to hold these seminars on a more frequent basis … Continue reading ATF, PSP and Berks County Sheriff’s Department – Firearms Licensee Seminar
Can you Fund your Own Federal Relief Determination if You are a Prohibited Person?
Quite often, individuals call me because they are prohibited under Federal Law, usually 18 U.S.C. 922(g)(1), but not specifically under the laws of the Commonwealth of Pennsylvania. However, since they are prohibited at the federal level, that individual is a prohibited person that cannot use or possess any firearm or ammunition, including black powder. Pursuant … Continue reading Can you Fund your Own Federal Relief Determination if You are a Prohibited Person?
Are You an FFL or Gun Club Looking for Insurance? Lockton Affinity may be your Answer
Frequently, my Federal Firearms Licensee clients are at a loss of where to turn to when the issue of insurance arises. There are very few insurance companies that will cover FFLs, let alone, provide products liability insurance to firearms manufacturers. However, there is an option that provides very competitive pricing – Lockton Affinity, which is the NRA endorsed … Continue reading Are You an FFL or Gun Club Looking for Insurance? Lockton Affinity may be your Answer
When, as an FFL, Do You Have to Complete a Multiple Handgun Report?
Pursuant to 27 C.F.R. 478.126a, a Federal Firearms Licensee (FFL), must complete a multiple handgun report, or ATF Form 3310.4 (Report of Sale or Other Disposition of Pistols and Revolvers), when the FFL transfers two or more handguns to the same person in a single transaction or within five (5) consecutive business days. If you report a multiple sale to the … Continue reading When, as an FFL, Do You Have to Complete a Multiple Handgun Report?
Prince Law Offices Blog 