Yesterday, in a very short non-precedential opinion, a three judge panel of the Superior Court held in Commonwealth v. William Battle that a switchblade is not protected by the Second Amendment. As discussed in the decision, there is no dispute that upon entering the Pike County Administrative Building, Mr. Battle emptied his pockets, including a … Continue reading Superior Court Holds That Switchblades Are Not Protected By The Second Amendment
Category: Constitutional Law
Franklin County Sheriff Contends He’s Immune From Judicial Oversight
In a brief filed before the Pennsylvania Supreme Court, the Franklin County Sheriff has taken an eerily Orwellian position that he is immune from judicial oversight and cannot be held liable for his actions - even those explicitly violating state law. As our viewers are aware, on May 20, 2016, the Commonwealth Court issued a … Continue reading Franklin County Sheriff Contends He’s Immune From Judicial Oversight
The Second Amendment: Enforcing the Heller Decision
While at a conference last week I had the pleasure of attending a panel discussion entitled: "The Second Amendment: Enforcing the Heller Decision." A panel that included voices from across the political spectrum engaged in a give-and-take that well summarized developments in recent years. The discussion was recorded and you can view it here. I was … Continue reading The Second Amendment: Enforcing the Heller Decision
Numerous Verified Reports of Voting Machine Issues in Pennsylvania
As some of you are aware, I am serving in Berks County as a Poll Watcher. Prior to today, I had little concern over the voting machines used by Pennsylvania, as they are 30+ years old and not connected to the internet. However, today my concern has changed. I have seen numerous verified reports from … Continue reading Numerous Verified Reports of Voting Machine Issues in Pennsylvania
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
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!
ATTENTION: The 9th Circuit amends the 2nd Amendment…
The last time I checked, neither state government nor the Courts had any power, real or imagined, to amend the U.S. Constitution. A recent ruling from the 9th Circuit, however, suggests maybe I need to check again. In a decision that confounds common sense, plain reading of the Constitutional text as much as it creates … Continue reading ATTENTION: The 9th Circuit amends the 2nd Amendment…
United States v. Texas
Here at the Prince Law Blog, we have been committed to providing continued coverage of what is quickly proving to be among the most definitive cases of the SCOTUS's current calendar year - United States v. Texas. The last we blogged, the United States had promptly appealed the split decision of the 5th Circuit Court of … Continue reading United States v. Texas
Haverford Township PD Deletes Facebook Replies Critical of Its Actions in Violation of Posters’ First Amendment Rights
On April 1, 2016, the Haverford Township Police Department deleted Facebook replies critical of their Facebook post from March 31, 2016; thereby, violating all the Facebook responders' First Amendment rights. The issue began on March 31, 2016 at approximately 7:56 PM, when the Haverford Township PD posted to its Facebook account the following: At approximately … Continue reading Haverford Township PD Deletes Facebook Replies Critical of Its Actions in Violation of Posters’ First Amendment Rights
Justice Thomas’ Overlooked Second Amendment Statement
Many in the legal profession focus their Supreme Court decision review based on the areas of law in which they practice or otherwise have an interest in, but sometimes, the best support for a particular legal issue comes not from a case on point but in an opinion or concurrence which most would overlook. Last … Continue reading Justice Thomas’ Overlooked Second Amendment Statement
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