Author Archives: Prince Law Offices, P.C.

PRESS RELEASE: Monumental Decision Imposing Financial Judgment on Pennsylvania State Police for Violating Second Amendment Rights!

Addressing several issues of first impression, the Commonwealth Court on Wednesday issued a 20 page decision and entered a judgment of approximately $6,500.00 against the Pennsylvania State Police (PSP) for erroneously denying an individual his right to keep and bear arms.

With eight pages of the decision addressing the factual and procedural background, the case is somewhat complex; however, stated succinctly, the individual applied for a firearm and was denied by the PSP. Although he submitted a Pennsylvania Instant Check System (PICS) Challenge, where he provided the PSP with copies of the original charging documents reflecting that he had only been charged with and pled guilty to a summary offense, the PSP ignored the documentation and issued a final determination that he was prohibited. Thereafter, he retained Attorney Joshua Prince for an appeal to the Pennsylvania Attorney General. After the PSP received the appeal, which included copies of all the documents the individual originally submitted, the PSP called Attorney Prince to inform him that the PSP was overturning its decision but that they would not issue a letter confirming the reversal.

Thereafter, Attorney Prince filed a complaint against the PSP, pursuant to the Criminal History Record Information Act (CHRIA), while the case proceeded before the Attorney General. The PSP would later stipulate, before the Attorney General, that the individual was not prohibited; however, the PSP opposed the CHRIA action and argue that (1) the PSP was entitled to sovereign immunity for any damages and (2) that the individual was foreclosed in bringing a CHRIA action, since he had filed an appeal to the Attorney General.

The Commonwealth Court, in response to the PSP’s assertion of sovereign immunity, declared that the

PSP did originally maintain incorrect criminal history record information with respect to Haron in violation of section 9111 of CHRIA, which wrongfully resulted in the denial of his constitutional right to purchase a firearm for a period of several months and required him to ultimately obtain counsel.

The court then went on to find

that the maintenance of incorrect criminal records resulting in an unwarranted denial of a constitutional right to purchase a firearm constitutes “aggrievement.” Because Haron was aggrieved, he is entitled to recover actual and real damages, consistent with section 9183(b)(2) of CHRIA, in the amount of $1,500.00, which represents the retainer fee that Haron was required to pay to obtain counsel to represent him [before the AG] in this matter. Additionally, Haron is entitled to reasonable costs of litigation and attorney fees.

In relation to the PSP’s second assertion that he was precluded in instituting and maintaining an action under CHRIA because he filed an appeal to the Attorney General, the court declared:

we do not believe that Haron’s initial choice to proceed under the UFA forecloses any potential relief under CHRIA. Indeed, the only relief available under the UFA appears to be correction of an individual’s criminal history records, whereas CHRIA provides other potential relief in the nature of an injunction and/or damages.

While the judgment is minuscule in relation to the deprivation of a constitutional right, we hope that this case will give the PSP pause in what has become its standard operating procedure to ignore documentation submitted by an unrepresented individual in a PICS Challenge and to force individuals to prove that they are not prohibited, when the burden rests with the PSP to prove that the individual is prohibited.

If your rights have been denied the purchase/transfer of a firearm or your rights violated by the PSP, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal 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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Are you in need of a Maryland firearms lawyer?

If you are in need of a Maryland firearms lawyer, Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., issued a press release earlier today that Chief Counsel Joshua Prince has been formally admitted by the Court of Appeal of Maryland, so that he can practice firearms law in Maryland, in addition to Pennsylvania.

Please join us in congratulating Joshua on this monumental achievement!

 


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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Press Release: Chief Counsel Joshua Prince Awarded 2017 NRA Defender of Freedom Award

It is with distinct honor and privilege that we announce that Chief Counsel Joshua Prince has been awarded the 2017 National Rifle Association (NRA) Defender of Freedom Award. Recognizing his “outstanding leadership and distinguished achievement in defense of liberty and the preservation of the Right to Keep and Bear Arms for all law-abiding citizen of the United States of America,” Executive Vice President Wayne LaPierre and Lt. Colonel Oliver North bestowed this great honor on Joshua.

This is the second consecutive year that Joshua has been awarded this honor.

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Please join us in congratulating Joshua in this monumental achievement.

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Filed under ATF, Firearms Law, Maryland Firearms Law, Pennsylvania Firearms Law, Uncategorized

Press Release: Attorney Joshua Prince To Be Admitted To Practice In Maryland

We are extremely proud to announce that Joshua Prince, Esq. has received notice from the Maryland State Board of Law Examiners that he passed the Maryland Out-of-State Attorneys’ Bar Exam that was administered in February, 2017. While he must take an orientation program, it is anticipated that he will be licensed to practice in Maryland within the next month.

Joshua looks forward to taking his Firm – the Civil Rights Defense Firm, P.C., including its division, Firearms Industry Consulting Group® (FICG®) – and his dedication to defending our inalienable right to keep and bear arms to Maryland and establishing beneficial precedent in Maryland, as he has done here in Pennsylvania.

Please join us in congratulating him on this monumental achievement.

 


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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Press Release: Second Mental Health As-Applied Challenge Success

We are extremely proud to announce that Chief Counsel Joshua Prince was successful in a second Second Amendment as-applied challenge in relation to a prior mental health commitment.

As our viewers are likely aware from Attorney Prince’s blog article Monumental Decision from the Middle District Court of Pennsylvania Regarding Mental Health Commitments and the Second Amendment, approximately three months ago, Attorney Prince was successful in obtaining relief for Mr. Yox, who had previously been involuntarily committed as a juvenile but later went on to honorably serve in our Armed Forces and later as a state correctional officer. Under federal law, Mr. Yox was permitted to possess a firearm and ammunition in his official capacity as a law enforcement officer, but was precluded from possessing a firearm and ammunition in his private capacity. In fact, in providing relief to Mr. Yox, the court declared:

Indeed, Mr. Yox provides the perfect test case to challenge § 922(g)(4), as the illogical contradiction of being able to possess firearms in his professional capacities but not being able to possess a firearm for protection in his own home puts in relief a factual scenario where an as-applied Second Amendment challenge to this statute may succeed.

Indeed, if Mr. Yox were not to succeed on his as-applied challenge, we cannot imagine that there exists any person who could.

Unfortunately, the court had previously dismissed his co-plaintiff’s (Mr. Keyes’) identical arguments on the basis that the Pennsylvania Superior Court had already considered his Second Amendment challenge and found against him in In re Keyes. After rendering its decision on Plaintiff Yox’s claims, Mr. Keyes filed a request for the court to reconsider its prior ruling and arguing that it would be a manifest injustice if the court were deny him relief based on the faulty decision of the Pennsylvania Superior Court.

Yesterday, Judge John E. Jones, III. overturned his prior holding finding that Mr. Keyes’ Second Amendment as-applied claim was barred and declared that Mr. Keyes “is in a materially identical situation” to Mr. Yox and that denying Keyes, while granting relief to Mr. Yox, would seem to constitute an “inequitable administration of the law” and “manifest injustice.”Judge Jones specifically declared in finding that the Pennsylvania Superior Court incorrectly analyzed his prior Second Amendment challenge:

The result is that Keyes is left behind while his co-Plaintiff receives full relief simply because Keyes pursued his Second Amendment claims in what turned out to be the wrong court. He is left with no recourse to receive vindication of his constitutional right to bear arms, even though this Court has, for all material purposes, made clear that his claim has full merit. This is a grossly unfair and inequitable result.

Judge Jones went on to state that “[w]e would be hard pressed to think of a better example of an inequitable administration of the laws, and it is a circumstance that cries out to be rectified.”

Please join us in congratulating Attorney Prince for this monumental victory, as well as, Judge Jones for ensuring that for every wrong committed, the court has the power to correct it. It is extremely refreshing to see a judge who is willing to reconsider his or her own prior holdings and decisions to ensure that justice prevails.

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FICG Files Comment in Opposition to ATF 29P on Behalf of Dead Air Armament

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The Firearms Industry Consulting Group, a division of Prince Law Offices, P.C.,  is pleased to announce that it was retained by Dead Air Armament (“Dead Air”) to prepare a detailed filing in opposition to ATF’s Advanced Notice of Proposed Rulemaking (“ANPR”) 29P.  Dead Air has combined the brains and passion of both Mike Pappas and Gary Hughes to bring to the market some of the most innovative and anticipated silencers of the past year.

Because there is a delay in the posting of newly filed comments on http://www.regulations.gov, a copy is available for your viewing here.

An inspection of the docket this morning showed that no other silencer companies have filed a comment in opposition to this ANPR, making Dead Air the first in the silencer industry to take charge in the fight to prevent additional, unnecessary regulations.

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PRESS RELEASE: Attorney Adam Kraut to Run for NRA Board of Directors

It is with distinct honor and privilege that we announce that Firearms Industry Consulting Group® (FICG®) Attorney Adam Kraut is running for the NRA Board of Directors.

For those who don’t know Adam, he’s an ardent and steadfast defender of the Second Amendment and Article 1, Section 21 in both of his careers. Whether he is acting as general manager of King Shooter Supply in King of Prussia or actively defending the Second Amendment in state or federal court, Adam is the next generation of Second Amendment Advocates that we need to install in the NRA. As Adam declared,

Some days of the week I spend arming the free world and other days I fight back against unconstitutional laws and regulations from behind a desk or educating my fellow citizens at firearms law seminars.

But this barely scratches the surface as to Adam’s background, knowledge and experience, both in and out of a courtroom. As declared by Chief Counsel Joshua Prince, who was recently awarded the Defender of Justice Award and is an NRA Benefactor who is being inducted into the Charleston Heston Society and Golden Ring of Freedom,

I cannot think of another individual that I would rather have at the helm of the NRA representing me nor a better litigator and defender of justice than Adam. Having litigated cases with Adam, I know he has the skill and, if necessary, the tenacity to ensure that ALL firearm rights are protected. Adam will bring with him, as the next generation of Second Amendment Advocates, the understanding and steadfast devotion to preserving the inalienable right of the people to keep and bear arms, including those currently within the purview of the National Firearms Act (NFA). If you are an NFA collector, such as myself, you know your rights will be protected by Adam.

But if you aren’t satisfied with Chief Counsel Prince’s endorsement, just look to Adam’s website, where he has more than two dozen endorsements from leading Firearm Industry members and provides further background on himself and his accomplishments. From Rockwell Tactical, to John Hollister (formerly of AAC), to Patton Media and Consulting, the Firearms Industry supports Adam!

However, Adam cannot do it without YOUR support. We are asking that any NRA member who is either (1) a life member or (2) a member for the past 5 years, sign his petition. He needs 250 signatures to be placed on the ballot and we fully anticipate, knowing Adam, that he’ll end up with several thousand signatures. As we’ve heard that he doesn’t get enough email at the office, please make sure to request his petition (as each request is another email for him) and send him back an executed copy…we don’t want him thinking that the legal profession is just an 80 hr work week!

You can find out further information about Adam and how to sign his petition on his website: www.adamkraut.com and his Facebook page.

We sincerely hope that you will take the time to support a TRUE Second Amendment advocate.

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