In yet another victory for Fourth Amendment advocates, the Supreme Court on May 29, 2018 ruled against a warrantless search and examination of motorcycle under a tarp in the driveway of a home. In the matter of Ryan Austin Collins vs. Virginia, No. 16-1027, the Court in a 8-1 decision reversed the lower court’s decision … Continue reading Supreme Court declines to extend automobile exception to Fourth Amendment to vehicles parked in driveways or curtilage of home.
On May 14, 2018, the United States Supreme Court held that people who borrow rental cars from friends are afforded the same protections against unlawful searches as the authorized driver. In the matter of Terrence Byrd v. United States, 2018 WL 2186175, the Supreme Court justices unanimously held “ the mere fact that a driver … Continue reading U.S. Supreme Court Finds That An Unauthorized Driver In Lawful Possession of Rental Car Has A Right To Privacy
On Monday, PA Attorney General Josh Shapiro held a press conference wherein he "announced his office ha[d] completed an exhaustive review of concealed carry reciprocity agreements with all 49 other states, as required under Pennsylvania law." Notably, the Attorney General's website has been updated with a handy chart. The announcement specified that Pennsylvania now recognizes … Continue reading PA Attorney General Reviews Reciprocity Agreements and Nixes Virginia
Earlier today, Attorney Joshua Prince and Adam Kraut sent letters to the Chairman of the Pennsylvania House of Representatives Judiciary Committee and all of its members regarding the current proceedings pertaining to gun control legislation. They encourage you all to contact the Chairman and members of the Committee to demand further hearings with input from … Continue reading With PA Representative Sims Censoring Pro-Second Amendment Comments, FICG Files Letters of Objection with House Judiciary Committee Members
Starting this week, at the direction of Chairman Ron Marisco, the Pennsylvania House Judiciary Committee held week-long "Public Safety - gun laws and violence" hearings regarding numerous pending firearms-related bills, which seek to restrict firearm rights in Pennsylvania in every regard from outright banning all semi-automatic firearms and high capacity magazines to banning any part … Continue reading Pennsylvania Firearm Rights in the Crosshairs – The Rights That Stand to be Infringed
Yesterday, for the second time, Pennsylvania Governor Wolf renewed 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. As I discussed extensively in my prior blog article - With a Stroke of a Pen, PA Governor Wolf Limits … Continue reading With a Second Stroke of a Pen, PA Governor Wolf Ensures that Firearm Rights are Restricted by Renewing Proclamation of State of Emergency
Recently, I had a client, who timely (prior to April 1st) filed with the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") his Annual Firearm Manufacturing and Export Report ("AFMER") and after filing it, realized that a firearm manufactured in 2018 was inadvertently included on the form for 2017. When it was discovered, my client … Continue reading What Do You Do If You Realize That Your ATF AFMER Report Is In Error?
Today, Firearms Industry Consulting Group (FICG), on behalf of Firearms Policy Foundation ("FPF"), filed a, expedited Freedom of Information Act ("FOIA") request with ATF requesting copies of all prior determinations issued by ATF regarding the lawfulness of bump stocks. As the comment period only permits comments to be submitted until June 27, 2018 and in … Continue reading FOIA Filed with ATF over Bump Stock Determinations
Once again the House omnibus appropriations bill, H.R. 3354, provides funding for ATF to conduct federal firearms relief determinations under 18 U.S.C. § 925(c). Since 1992, Congress has specifically denied ATF the ability to utilize any funds they are appropriated to conduct these determinations. Further, ATF will not allow an individual to fund their own … Continue reading Omnibus Spending Bill, H.R. 3354, Passes House and Provides Funding for Federal Firearms Relief Determinations – IN SENATE
Once again the Supreme Court has denied certiorari in another Second Amendment Case. Silvester, et al. v. Becerra was an appeal from the 9th Circuit challenging California's 10-day waiting period to firearm purchasers. In particular, the petition for certiorari raised the issue of whether the 9th Circuit "improperly applied lenient scrutiny in a Second Amendment challenge … Continue reading Supreme Court Denies Certiorari in ANOTHER Second Amendment Case