Today, Pennsylvania Governor Wolf issued a proclamation declaring Pennsylvania's heroin and opioid epidemic a statewide disaster emergency, seemingly triggering the firearm prohibitions found in 18 Pa.C.S. § 6107 during declared emergencies. Specifically, Section 6107 provides: (a) General rule.--No person shall carry a firearm upon the public streets or upon any public property during an emergency … Continue reading With a Stroke of a Pen, PA Governor Wolf Limits Firearm Rights by Proclaiming State of Emergency
Category: Pennsylvania Firearms Law
PSP is Denying Firearm Purchases for Medical Marijuana Card Holders, even after Governor Wolf stated that “We Won’t Take Guns Away”
Although Pennsylvania Governor Tom Wolf recently declared that "[w]e won't take gun away" from medical marijuana users, the Pennsylvania State Police ("PSP") has not received the memo, as we have seen several instances where individuals who merely obtained a medical marijuana card - in the absence of actual use - have been denied by the … Continue reading PSP is Denying Firearm Purchases for Medical Marijuana Card Holders, even after Governor Wolf stated that “We Won’t Take Guns Away”
Pennsylvania State Police Reiterate ATF Position on Medicinal Marijuana
It should come to no surprise that the Pennsylvania State Police ("PSP") have issued a position statement in relation to Pennsylvania's new card carrying medicinal marijuana users. Once again, individuals who seek to use marijuana for medicinal purposes are forced to choose between the comfort they find in medicine or their constitutional rights. Marijuana is … Continue reading Pennsylvania State Police Reiterate ATF Position on Medicinal Marijuana
Major Pennsylvania Firearm Law Cases from 2017
As the year is coming to a close, I 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 2017. Franklin v. Sessions, et al. - in a monumental federal case of … Continue reading Major Pennsylvania Firearm Law Cases from 2017
PRESS RELEASE: Amici Curiae Brief of Members of the Pennsylvania General Assembly, Firearms Owners Against Crime, Firearms Policy Coalition, and Firearms Policy Foundation Filed in Pennsylvania Supreme Court!
Today, in a case that will have a major impact on firearm rights in the Commonwealth, Joshua Prince, Esq., Chief Counsel of the Firearms Industry Consulting Group® ("FICG®"), a division of Civil Rights Defense Firm, P.C., filed an amici curiae brief (or friends of the court brief) before the Pennsylvania Supreme Court on behalf of … Continue reading PRESS RELEASE: Amici Curiae Brief of Members of the Pennsylvania General Assembly, Firearms Owners Against Crime, Firearms Policy Coalition, and Firearms Policy Foundation Filed in Pennsylvania Supreme Court!
MONUMENTAL DECISION – Federal Court Rules a Pennsylvania 302 Mental Health Commitment Insufficient to Trigger a Disability under Section 922(g)(4)
We are extremely proud to announce that today Attorney Joshua Prince was successful in having Federal District Court Judge Kim Gibson of the Western District of Pennsylvania rule that an involuntary commitment under Section 302 of Pennsylvania's Mental Health and Procedures Act ("MHPA") is insufficient to trigger a federal firearms and ammunition disability under 18 … Continue reading MONUMENTAL DECISION – Federal Court Rules a Pennsylvania 302 Mental Health Commitment Insufficient to Trigger a Disability under Section 922(g)(4)
PSP Issues Notice to Act 235 Agents Regarding the Anderson Decision
As our viewers are aware, in August of this year, a devastating en banc opinion was issued by the Pennsylvania Superior Court in Commonwealth v. Anderson, where it ruled that an individual who is Act 235 certified is not entitled to carry a firearm to and from work, absent a license to carry firearms, regardless … Continue reading PSP Issues Notice to Act 235 Agents Regarding the Anderson Decision
Are PA Medical Marijuana Patients Prohibited From Possessing and Purchasing Firearms and Ammunition?
Last week, Pennsylvania Governor Tom Wolf announced that the Medical Marijuana Program Patient Registry had reached 3,800 registered patients in its first week of registration. While individuals may be able to lawfully possess marijuana in Pennsylvania under Pennsylvania law if the person is registered on the Patient Registry and has been approved for use by … Continue reading Are PA Medical Marijuana Patients Prohibited From Possessing and Purchasing Firearms and Ammunition?
Superior Court – Does Natural Corrosion of a Firearm Serial Number Violate Pennsylvania’s Uniform Firearms Act?
Yesterday, the Superior Court issued its decision in Commonwealth v. Ford, 196 ED 2016, in relation to whether natural corrosion (i.e. rust) over a firearm serial number constitutes a violation of Pennsylvania's Uniform Firearms Act for purposes of possession of a firearm with an obliterated serial number. Section 6110.2 provides in pertinent part: No person … Continue reading Superior Court – Does Natural Corrosion of a Firearm Serial Number Violate Pennsylvania’s Uniform Firearms Act?
PRESS RELEASE: Monumental Mental Health Second Amendment As-Applied Challenge Success
We are extremely proud to announce that Attorney 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, … Continue reading PRESS RELEASE: Monumental Mental Health Second Amendment As-Applied Challenge Success
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