As ATF’s new regulation, reclassifying bump-stock devices as machineguns, is set to become effective March 26, 2019, we want to provide you with information in the event that Firearm Policy Coalition’s and Firearm Policy Foundation’s preliminary injunction request is denied or otherwise not decided before the deadline. As set forth in the Final Rule, 83 … Continue reading Surrendering Your Bumpstock Under Protest on March 25, 2019 (if Necessary) – Bump-Stock Redemption Day!
Today, Joshua Prince and myself secured another victory for Second Amendment jurisprudence in Miller v. Sessions, et al., 2:17-cv-02627 in an issue of first impression across the United States. Judge Eduardo Robreno of the Eastern District of Pennsylvania ruled in a 25 page memorandum that it was unconstitutional, as-applied to Mr. Miller, to prevent him from exercising … Continue reading Federal Court Rules Firearms Prohibition Against an Individual for a Misdemeanor Conviction Under Vehicle Code is Unconstitutional
As the year is coming to a close, we thought it important to document some of the monumental court decisions and issues that Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., was involved in or obtained in 2018. Franklin v. Sessions, et al. – in a monumental federal case of … Continue reading Year in Review: Major Pennsylvania and Federal Firearm Law Cases from 2018
This morning, the Final Rule banning bump-stock-type devices was published in the Federal Register. The Rule had been announced last week and just hours after being announced saw its first challenge filed by FICG on behalf of Damien Guedes, Firearms Policy Coalition, Firearms Policy Foundation, and the Madison Society Foundation. The Rule is set to take … Continue reading Final Rule Banning Bumpstocks Published in Federal Register
On December 19, 2018, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a responsive determination to me that it is lawful for a Federal Firearms Licensee (FFL) to utilize what are referred to as ditto marks (i.e. a set of quotation marks or " ") in their acquisition and disposition (A&D) record, after … Continue reading ATF Confirms That It Is Lawful For FFLs To Utilize “Ditto Marks” In Their A&D Records
Earlier today, the Department of Justice released the approved Final Rule on bumpstocks. As was expected, the Rule alters the definition of the term "machine gun" (in the regulations pertaining to the Gun Control Act and National Firearms Act) to include the following language * * * For purposes of this definition, the term "automatically" … Continue reading FICG Files Complaint and Motion for Preliminary Injunction Challenging ATF’s Final Rule on Bumpstocks
Moments ago, I received an email that ATF's Firearms Technology Industry Services Branch would no longer offer classifications on accessories, effective immediately. The Firearms Technology Industry Services Branch (FTISB) classifies firearms as defined by the Gun Control Act (GCA) and National Firearms Act (NFA) based on the configuration and the design features of the firearm … Continue reading ATF Discontinues Accessory Classifications
Since the Law Vegas shooting and what some contend has been a takeover by Department of Justice (which in some contexts appears to be accurate), ATF has begun internally reversing prior determinations and making up new interpretations of law, in the absence of informing the Firearms Industry or the public of these reversals and/or new … Continue reading ATF Unhinged: Prosecutions Made Up Out of Whole Cloth – You Might Be Next…
Today, Chief Counsel Joshua Prince and attorney Adam Kraut secured a major victory for Second Amendment jurisprudence in Holloway v. Sessions, et al., 1:17-CV-00081, where Chief Judge Christopher Connor of the Middle District of Pennsylvania ruled in a 21 page memorandum that it was unconstitutional as-applied to Mr. Holloway to preclude him in perpetuity from … Continue reading MONUMENTAL DECISION – Federal Court Rules It’s Unconstitutional to Strip Second Amendment Rights as a Result of a Second DUI
If you are federally prohibited, pursuant to criteria in 18 U.S.C. § 922(g), as a result of a non-violent misdemeanor or an involuntary mental health commitment and desire to restore your Second Amendment rights, you may be able to file a Second Amendment as-applied challenge in the federal district court. While these types of challenges … Continue reading Are You Federally Prohibited From Possessing Firearms And Want To Challenge It or Otherwise Restore Your Rights?