PUC Promotes Combined Heat and Power Technology in Pennsylvania

Earlier this month, April 5, 2018, the Pennsylvania Public Utility Commission (PUC)CHP Partnership Logo adopted a policy statement geared toward helping advance the development of combined heat and power (CHP) technology. Additionally, the PUC’s Bureau of Technical Utility Services will initiate a CHP Working Group to engage with stakeholders and encourage the deployment of, and reduce barriers to, CHP initiatives in Pennsylvania.

What is CHP? CHP captures the waste heat energy that is typically lost through power generation, using it to provide heating and/or cooling for manufacturing and business. CHP is an efficient means of generating electric power and thermal energy from a single fuel source, providing cost-effective energy services to commercial businesses like hospitals, universities and hotels.

“CHP offers a variety of benefits,” noted Chairman Gladys M. Brown in a supporting statement at recent PUC public meeting,” First and foremost, CHP supports environmental stewardship through increased efficiency. Also, it provides economic benefits to its adopters through reductions in energy consumption. Further, it supports reliability and resiliency as a distributed energy resource.”

The Commission voted 5-0 to adopt the policy statement, which promotes a coordinated approach to CHP to the benefit of the economy, the environment, and the security of Pennsylvania residents and businesses.  First proposed and issued for public comment in the winter of 2016, the newly adopted policy statement is intended to:

  • promote CHP investments;
  • encourage electric distribution companies (EDCs) and natural gas distribution companies (NGDCs) to make CHP an integral part of their energy efficiency and resiliency plans, as well as their marketing and outreach efforts; and
  • encourage these companies to design interconnection processes and rates for owners and operators of CHP facilities.

Under the new policy, EDCs and NGDCs are required to report to the Commission biennially on CHP development in their service territories, including their efforts to promote such development.  Additionally, Commission staff will provide biennial reports to the Commission summarizing and analyzing the utility reports, identifying government agency programs providing financial aid and other support for CHP and making recommendations regarding the development of CHP in the Commonwealth.

Desire more specific assistance regarding CHP, renewable energy projects, energy law, or real estate law, contact attorney Jeffrey A. Franklin at Prince Law Offices, P.C.


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Filed under Business Law, Energy Law, Real Estate

FICG On Behalf of FOAC Files Letter In Response To Jenks Township’s Proposed Illegal Firearm Ordinance

Today, it was reported by ExploreClarion.com that Jenks Township was considering enacting an ordinance prohibiting the discharge of firearms in the township.



As a result, Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., on behalf of its client, Firearm Owners Against Crime (FOAC), filed a letter in opposition to the proposal; wherein, Chief Counsel Joshua Prince explains the constitutional and statutory protections and case law precluding such regulation. In the event Jenks Township moves forward with the proposal, FOAC is prepared to file a legal challenge against the Township and request the District Attorney to file criminal charges for violations of Section 6120.

If you would like to donate to support this matter, Civil Rights Defense Firm, P.C. would greatly appreciate donations, which can be made online through the Firm’s escrow account here – https://secure.lawpay.com/pages/civilrightsdefensefirm/trust. Simply place FOAC v. Jenks Township  in the reference box.

If you or someone you know has been the victim of an unlawful municipal firearm or ammunition regulation or ordinance, contact FICG today to discuss your 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.


Filed under Firearms Law, Pennsylvania Firearms Law

PA Attorney General Reviews Reciprocity Agreements and Nixes Virginia

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 the licenses of 29 other states (previously it was 28). Notably, Idaho and Alabama were added to the recognized states. However, Virginia was removed. As of May 16, 2018, Virginia residents will no longer be able to carry in Pennsylvania pursuant to a Virginia Concealed Handgun Permit.

Pouring salt into an already open wound, the Attorney General has also specified that non-resident permits will no longer be recognized in PA. Which means that in order to lawfully carry a concealed firearm in Pennsylvania, according to the Attorney General, you must be a resident of the state which has issued the license and be over twenty-one years of age.

There are two manners in which Pennsylvania recognizes reciprocity. The first is found in 18 Pa.C.S. § 6106(b)(15) and allows the Attorney General to recognize, without a written agreement, another state’s license. This is predicated on the condition that the other state recognizes Pennsylvania License to Carry Firearms (“LTCF”) and that the laws governing firearms in that state are sufficiently similar to Pennsylvania’s.

The other manner is by written agreement. 18 Pa.C.S. § 6019(k)(1) provides:

The Attorney General shall have the power and duty to enter into reciprocity agreements with other states providing for the mutual recognition of a license to carry a firearm issued by the Commonwealth and a license or permit to carry a firearm issued by the other state. To carry out this duty, the Attorney General is authorized to negotiate reciprocity agreements and grant recognition of a license or permit to carry a firearm issued by another state.

Virginia and Pennsylvania had entered into a written reciprocity agreement on January 3, 2007. The agreement was amended on March 15, 2013 during the tenure of disgraced former Attorney General, now convicted felon, Kathleen Kane. Notably, the statute is silent as to the ability of the Attorney General to rescind a reciprocity agreement. However, that does not appear to have stopped Attorney General Shapiro.

Moreover, Section 6109(k)(2) requires that “[t]he Attorney General shall report to the General Assembly within 180 days of the effective date of this paragraph and annually thereafter concerning the agreements which have been consummated under this subsection.” (emphasis added). Based on the plain language of the statute, it would seem the General Assembly wished to be apprised of the states with which the Attorney General entered into written reciprocity agreements on an annual basis. Further, this would imply that if the General Assembly believed the agreement to be inappropriate, it could act to revoke its status, rather than leaving that to the discretion of the Attorney General.

Below is a list of states that Pennsylvania recognizes the permits of. You can find more information in the PDF provided by the Office of the Attorney General here.

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Filed under Firearms Law, Pennsylvania Firearms Law, Uncategorized

With PA Representative Sims Censoring Pro-Second Amendment Comments, FICG Files Letters of Objection with House Judiciary Committee Members

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 the citizens of the Commonwealth. For more information, see Attorney Prince’s prior blog article here.

Attorneys Prince and Kraut request all Pennsylvanians to join them on Monday April 30th at 10 AM in the rotunda of the Capitol Building in Harrisburg for the Annual Pennsylvania Right to Keep and Bear Arms Rally. Attorney Prince is scheduled to speak at the event.


Filed under Firearms Law, Pennsylvania Firearms Law, Uncategorized

Pennsylvania Firearm Rights in the Crosshairs – The Rights That Stand to be Infringed

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 that “accelerates the rate of fire of semi-automatic firearm[s].” More disconcerting than Chairman Marisco’s scheduling of these hearings is the fact that seemingly in violation of Article 1, Section 20 of the Pennsylvania Constitution, even though he acknowledges that they are “public hearings,” he specifically precluded interested parties in testifying regarding these bills and stated to Bobby Lawrence (former US Senate Candidate) that if others want a voice then let them do it through e-mails to legislators or by Letters to the Editor.

As reflected below, the General Assembly does not have the first clue about the interplay between the state and federal firearm laws or the existing firearm laws here in Pennsylvania and federally. Nor do many of the Members have any respect for the State or U.S. Constitution. It is for these reasons that testimony is absolutely necessary from interested parties.

Thus, as explained below and as a result of Chairman Marisco’s statement and preclusion of interested parties being afforded to testify, it is imperative that you not only contact your state representative and senator, but additionally contact Chairman Marisco and all other members of the House Judiciary Committee regarding your opposition to any infringement of your constitutional rights. (The contact information for the House Judiciary Members is at the bottom of this article and I would encourage everyone to FAX any respectful correspondences on these issues to your representatives and the member of the House Judiciary Committee and then call to confirm their receipt of your fax, since some Members are contending that they have not received ANY correspondences in opposition to these bills). More importantly, it is imperative that you let your voice be heard, regardless of these Members’ political affiliation, as many of this anti-Article 1, Section 21 and Second Amendment bills are being proposed by alleged Republicans)

For those interested in the transcripts and video/audio from the PA Legislative Services (PLS) in relation to these hearings (as the Committee has failed, without explanation, to post the formal transcripts – also be aware, as it doesn’t appear that the videos are compressed, it may take a while to download them):

  1. Transcript and video from hearing on Monday, April 9th, at 11 AM, Room 140 – Main Capitol;
  2. Transcript and video from hearing on Tuesday, April 10th at 10 AM, Room 140 – Main Capitol;
  3. Transcript and video from hearing on Wednesday, April 11th at 10 AM, Room 140 – Main Capitol;
  4. Transcript and video from hearing on Monday, April 16th at 10:30 AM, Room 205 – Ryan Office;
  5. Transcript and video from hearing on Tuesday, April 17th at 9:30 AM, Room 140 – Main Capitol;
  6. Transcript and video from hearing on Wednesday, April 18th at 9:00 AM, Room 205 – Ryan Office.

From the transcripts and videos, you will see that they are discussing SB 17, SB 18, SB 383, SB 501, HB 175, HB 671, HB 832, HB 870, HB 1233, HB 1400, HB 1872, HB 2060, HB 2097, HB 2109HB 2149, HB 2150, and  HB 2216.

HB 1872

House Bill 1872, sponsored by Representatives Madeleine Dean (D) and Dom Costa (D), seeks to “Ban Rapid Fire or ‘Multiburst Trigger Activators’ in Pennsylvania.” The text can be found here. This bill seeks to change 18 Pa.C.S. § 908 – Prohibited Offensive Weapons to include “possession of an accelerated trigger activator purchased or otherwise obtained by the defendant prior to the effective date of this paragraph.” It then goes on to define “accelerate trigger activator” as a “part or combination of parts designed and intended to accelerate the rate of fire of a semi-automatic firearm to simulate the rate of fire of a machinegun”

First and foremost, the sponsors apparently are completely unaware of numerous applicable U.S. and State constitutional provisions that result in this proposal being unconstitutional. As held by the U.S. Supreme Court in U.S. v. Miller, 307 U.S. 174 (1939), the Second Amendment to the U.S. Constitution specifically protects military weapons, which is inclusive of machineguns. Although there is no equivalent decision under Article 1, Section 21 of the Pennsylvania Constitution, unlike its federal counterpart, the PA Constitution declares that “[t]he right of the citizens to bear arms in defense of themselves and the State shall not be questioned,” which is then acknowledged to be an inalienable right by Article 1, Section 25, which provides that “[t]o guard against transgressions of the high powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate.” (emphasis added).

Even if Article 1, Section 21 and the Second Amendment were not applicable, this proposal is unconstitutional under the ex post facto law provisions of Article 1, Section 17 of the Pennsylvania Constitution and Article 1, Section 10, Clause 1 of the U.S. Constitution. It would also constitute an unlawful taking, without just compensation, under Article 1, Section 10 of the Pennsylvania Constitution and the 14th Amendment to the U.S. Constitution.

Didn’t these Members of the General Assembly take an oath to uphold the State and U.S. Constitutions? I am pretty sure they did, as such is specifically required by Article VI, Section 3, which declares:

Senators, Representatives and all judicial, State and county officers shall, before entering on the duties of their respective offices, take and subscribe the following oath or affirmation before a person authorized to administer oaths.

“I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity.”

The oath or affirmation shall be administered to a member of the Senate or to a member of the House of Representatives in the hall of the House to which he shall have been elected.

Any person refusing to take the oath or affirmation shall forfeit his office.

What about making thousands of law-abiding individuals in Pennsylvania, overnight, into criminals, by their mere possession of these devices, without any means or opportunity to dispose of them? By the way, in case you were unaware, a violation of Section 908 is a misdemeanor of the first degree, which will result in the person being prohibited, in perpetuity, from purchasing and possessing firearms and ammunition, pursuant to 18 U.S.C. § 921(g)(1) – but that’s inconsequential, because we need to do something to solve a non-existent problem, right? While the sponsors and the media would have you believe that bump stocks were utilized in the horrific Las Vegas shooting, the Preliminary Investigative Report of shooting, although listing several bump stocks as having been recovered, does not list them as having been utilized in the attack.

Setting the constitutional issues aside, the sponsors lack an engineering understanding that the cyclic rate of a firearm is determined not by how fast or slow a particular person or device can cause the firearm to cycle but rather based on the fastest speed at which the firearm can operate. As reflected in this video, Jerry Miculek can out-shoot a bump stock and is FAR more accurate. Does that mean that Jerry Miculek will be automatically imprisoned if he steps foot in Pennsylvania? What about competition triggers? Are they to be included in this?


SB 17

Senate Bill 17, sponsored by Wayne Fontana (D), seeks to ban, with limited exceptions, semi-automatic firearms, including HANDGUNS and shotguns, and large capacity magazines and institute a registry of semi-automatic firearms. The text can be found here. This bill would require an individual owning a semi-automatic firearm to obtain a “certificate of possession” from the Pennsylvania State Police and then an individual who is granted a certificate of possession is limited to the locations where he/she may possess the semi-automatic rifle. Better yet, the Pennsylvania State Police could deny you because of your “character and reputation,” which is not defined. Also, you will be charged a fee of $15, per firearm, every four years. Moreover, there is no grandfathering provision in relation to large capacity magazines and turns law-abiding individuals into criminals overnight. Of interesting note, since this is being offered as a result of the Parkland shooter, we now know that the Parkland shooter did NOT use large capacity magazines.


SB 18

Senate Bill 18, sponsored by Wayne Fontana (D), seeks to provide for “extreme risk orders,” where in ex parte hearings (i.e. in the absence of due process) an individual can be stripped of their constitutional right to Keep and Bear Arms. The text can be found here. Better yet, it even provides immunity to the person seeking an extreme risk order, even if there were purposeful omissions or misstatements in the petition!


HB 2216

House Bill 2216, sponsored by Warren Kampf (R), seeks to ban any devices that can “accelerate the rate of fire of a semiautomatic firearm” and “large capacity ammunition magazines” which is defined as any magazine that can accept more than 10 rounds or 5 shotgun shells. The text can be found here. Once again, apparently Representative Kampf has no understanding of the State or Federal Constitution and would, overnight, turn law-abiding individuals into criminals, as it fails to grandfather pre-existing large capacity magazines and fails to provide any means or opportunity to dispose of them.


HB 2251

House Bill 2251, sponsored by Thomas Murt (R), seeks to, inter alia, define “ammunition,” “gun ranges” and  “other weapons,” prohibit prohibited person from possessing or manufacturing ammunition (even though 18 U.S.C. § 922(g) already prohibits such), then requires background checks on the purchase of all ammunition – including from a gun range (which may not have an FFL and would therefore be precluded from performing a background check) – precludes any purchase of ammunition that does not occur face-to-face and precludes individuals from purchasing ammunition in another state and then bringing it into Pennsylvania, without it going through an FFL. The text can be found here.


HB 1233

House Bill 1233, sponsored by Thomas Murt (R), seeks to monumentally revise Pennsylvania’s Mental Health and Procedures Act, permitting far more individuals to constitute “qualified professionals,” makes it much easier for an individual to be committed under Sections 302 and 303, and fails to address the unconstitutionality of Section 302 (i.e. as held by Judge Kim Gibson of the Federal District Court for Western District of Pennsylvania, a Section 302 commitment lacks any form of due process). The text can be found here.


HB 1400 and HB 2249

House Bill 1400, sponsored by James Santora (R), and House Bill 2249, sponsored by Thomas Murt (R), seeks to preclude private party sales and references them, erroneously, as a “gun show loophole.” The text can be found here for HB 1400 and here for HB 2249. While it putatively provides an exception, where the individual purchased a firearm from the same dealer within 48 hours, the language requires the person to produce a copy of a record/application of sale form, which is only utilized when the individual purchases a firearm under the definition provided by Section 6102 (i.e. generally speaking, a handgun). Thus, if an individual purchased a rifle from the same dealer, the exception would not apply, as the purchaser would be unable to produce a record/application of sale form.


HB 832

House Bill 832, sponsored by Madeleine Dean (D), seeks to re-victimize those who have had a firearm stolen, by criminalizing their failure to report, within 72 hours, their victimization. The text can be found here. In what other context would anyone ever consider criminalizing the failure of a victim of crime to report that crime?


HB 2109

House Bill 2109, sponsored by Stephen McCarter (D), seeks to permit firearm restraining orders, which permits the assessment of fees and costs against the subject of an issue firearm restraining order, as well as, ex parte orders, in violation of all tenants of due process. The 52 pages of text can be found here.


HB 2252

House Bill 2252, sponsored by Thomas Murt (R), seeks to duplicate the existing mental prohibition (see 18 U.S.C. 924(g)(4) and 18 PA.C.S. 6105(c)(4)) for those who are involuntarily committed to outpatient treatment. The text can be found here.


HB 2097

House Bill 2097, sponsored by Jason Dawkins (D), seeks to prohibit anyone who is merely arrested for or charged with a putative domestic violence offense, in the absence of due process, from possessing and purchasing firearms. The text can be found here. As everyone is aware, an individual who is subject to a Protection From Abuse Order or is convicted of a domestic violence offense is already prohibited under state and federal law (see, 18 Pa.C.S. §§ 6105(a.1)(2), (c)(6), (c)(9); 18 U.S.C. §§ 922(g)(8), (9)) Worse yet, reflecting the absence of any consideration in the drafting of this bill, it provides that any such prohibition would apply, for example, in a situation where one criminally trespasses on the property of or steals money or other object from an intimate partner.


SB 501 and HB 2060

House Bill 2060, sponsored by Representative Marguerite Quinn (R), and Senate Bill 501, sponsored by Senator Thomas Killon (R), are another solution in search of a problem, seeks to require an individual who is prohibited as a result of a domestic violence conviction or Protection from Abuse Order to turn in his/her firearms and ammunition, even though 18 U.S.C. §§ 922(g)(8) already requires such. The text can be found here for HB 2060 and here for SB 501. Moreover, the requirement to turn over one’s firearms would be restricted to either a law enforcement department or a dealer, even though the current law additionally provides for third-party safekeeping permits and CeaseFirePA has been unable to show a single occasion where an individual gained access to firearms from a third-party safekeeper. Oh yeah, they also fail to mention that if an individual who holds a safekeeping permit permits access to the firearms by the prohibited person, it is already a misdemeanor of the first degree, pursuant to 18 Pa.C.S. § 6105(a.1)(5); whereby, once again, under 18 U.S.C. § 921(g)(1), the individual will be barred, in perpetuity, from possessing and purchasing firearms and ammunition.

For the icing on the cake, it also provides that any firearm turned into the police would be considered “abandoned” after a year. I especially like the absurdity of the search of the “database of firearm sales,” when 18 Pa.C.S. § 6111.4 specifically prohibits the maintenance of any registry of firearms and when the sales database is only related to handguns. Better yet, it permits, in violation of due process and the takings provisions, for the entity that has possession of the firearm(s) to sell them and retain the proceeds.


HB 870 and SB 383

House Bill 870, sponsored by Representative Cris Dush (R), and Senate Bill 383, sponsored by Senator Donald White, seeks to permit armed school personnel (which I am in favor of) but both fail to address the issues I previously raised here and here to SB 383. The text can be found here for HB 870 and here for SB 383. I have written an extensive amendment for SB 383 or HB 870, which would address all of the relevant concerns, and am waiting for it to be offered.


As emails can be easily deleted without the recipient reviewing them and numerous Members have stated that they have not received any correspondences in opposition to these bills, I am imploring you to FAX any respectful correspondences to your Representative and House Judiciary Members, and then follow up via phone call to ensure that they all received your correspondence. If you wish to additionally send a copy via email, their respective email addresses are listed below.

The House Judiciary Members are:

  1. Chairman Ron Marsico – (717) 783-2014, Fax: (717) 705-2010 RMarsico@pahousegop.com;
  2. Democratic Chair Joseph Petrarca – (717) 787-5142, Fax: (717) 705-2014 JPetrarc@pahouse.net;
  3. Tarah Toohil – (570) 453-1344, Fax: (570) 459-3946 TToohil@pahousegop.com;
  4. Stephen Bloom – (717) 772-2280, Fax: (717) 705-2012 SBloom@pahousegop.com;
  5. Becky Corbin – (717) 783-2520, Fax: (717) 782-2927 BCorbin@pahousegop.com;
  6. Sheryl Delozier – (717) 783-5282, Fax: (717) 772-9994 SDelozie@pahousegop.com;
  7. Harold English – (717) 260-6407, Fax: (717) 783-5740 HEnglish@pahousegop.com;
  8. Garth Everett – (717) 787-5270, Fax: (717) 772-9958 GEverett@pahousegop.com;
  9. Barry Jozwiak – (717) 772-9940, Fax: (717) 782-2925 BJozwiak@pahousegop.com;
  10. Kate Klunk – (717) 787-4790, Fax: (717) 782-2952 KKlunk@pahousegop.com;
  11. Jerry Knowles – (717) 787-9029, Fax: (717) 782-2908 JKnowles@pahousegop.com;
  12. Tedd Nesbit – (717) 783-6438, Fax: (717) 782-2943 TNesbit@pahousegop.com;
  13. Rick Saccone – (717) 260-6122, Fax: (717) 787-9174 RSaccone@pahousegop.com;
  14. Paul Schemel – (717) 263-1053, Fax: (717) 263-1059 PSchemel@pahousegop.com;
  15. Todd Stephens – (717) 260-6163, Fax: (717) 782-2898 TStephen@pahousegop.com;
  16. Jesse Topper – (717) 787-7076, Fax: (717) 782-2933 JTopper@pahousegop.com;
  17. Martina White – (717) 787-6740, Fax: (717) 782-2929 MWhite@pahousegop.com;
  18. Bryan Barbin – (814) 487-4041, Fax: (814) 487-4043 BBarbin@pahouse.net;
  19. Ryan Bizzarro – (717) 772-2297, Fax: (717) 780-4767 RBizzarro@pahouse.net;
  20. Tim Briggs – (717) 705-7011, Fax: (717) 772-9860  TBriggs@pahouse.net;
  21. Dom Costa – (717) 783-9114, Fax: (717) 780-4761 DCosta@pahouse.net;
  22. Tina Davis – (717) 783-4903, Fax: (717) 783-0682 TDavis@pahouse.net;
  23. Jason Dawkins – (717) 787-1354, Fax: (717) 780-4789 JDawkins@pahouse.net;
  24. Madeleine Dean – (717) 783-7619, Fax: (717) 780-4754 MDean@pahouse.net;
  25. Joanna McClinton – (717) 772-9850, Fax: (717) 783-1516 JMcClinton@pahouse.net;
  26. Dan Miller – (717) 783-1850, Fax: (717) 780-4756 DMiller@pahouse.net;
  27. Gerald Mullery – 570) 636-3500, Fax: (570) 636-3502 GMullery@pahouse.net.


If you or someone you know has had their right to Keep and Bear Arms infringed, 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.


Filed under Firearms Law, Pennsylvania Firearms Law, Uncategorized

With a Second Stroke of a Pen, PA Governor Wolf Ensures that Firearm Rights are Restricted by Renewing Proclamation of State of Emergency

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 Firearms Rights by Proclaiming a State of Emergency – pursuant to 18 Pa.C.S. § 6107, an individual, who could generally carry a firearm in public without a license to carry firearms (LTCF) (with the exception of in the City of Philadelphia as a city of the first class), cannot do so during a state of emergency. As I additionally blogged about – Are the Great American Outdoors Show (GAOS) and State Game Land Hunting in Jeopardy as a Result of Governor Wolf’s Proclamation of Emergency? – the proclamation affects gun shows and would force a hunter on state game lands to prove, as a defense to prosecution, that he/she was lawfully engaged in hunting.

Most importantly, in my third and last article on the proclamation – Lose Your Second Amendment Rights if You Violate Section 6107 as a Result of Governor Wolf’s Opioid Proclamation – if you are convicted of a violation of Section 6107, because it is graded as a misdemeanor of the first degree, you will be prohibited under federal law from purchasing and possessing firearms and ammunition.

Please contact your State Representatives and demand that they immediately repeal Section 6107, so that YOUR rights aren’t infringed and so that YOU aren’t forced to pay attorney fees and costs to prove, as a defense, one of the exceptions in Section 6106. When contacting them, also demand that the draconian transportation laws of Section 6106 be repealed, as well.

If you or someone you know has had their right to keep and bear arms infringed as a result of this state of emergency, 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.


Filed under Firearms Law, Pennsylvania Firearms Law, Uncategorized

Report tax identity theft with IdentityTheft.gov

If you’re a tax professional, business owner, or in a human resources department, the FTC and IRS can help you help clients, employees, or other people who discover they’re victims of tax-related identity theft.IdentityTheft.gov website on a laptop, tablet, and smartphone.

 Tax-related identity theft happens when someone uses your stolen Social Security number (SSN) to file a tax return and claim your refund. You might find out about it when you try to e-file — only to find that someone else already has submitted a return — or when the IRS sends you a letter saying it has identified a suspicious tax return that used your SSN. That’s when you’ll need to file an IRS Identity Theft Affidavit (IRS Form 14039), so that the IRS can begin resolving your case.

 Until now, you had to complete an Affidavit from the IRS website, print it, then fax or mail it to the IRS. Now, the FTC and IRS have collaborated to let people report tax-related identity theft to the IRS online, using the FTC’s IdentityTheft.gov website. It’s the only place you can submit your IRS Form 14039 electronically.

 What are the benefits? IdentityTheft.gov will:

Walk you through the process of completing the Form 14039

  • Transfer your Form 14039 to the IRS securely
  • Guide you through placing fraud alerts on your credit files, checking your credit reports, and taking other steps to stop the tax identity theft from harming your accounts, and
  • Help you resolve any other problems the tax identity theft may have caused.

Here’s how it works: IdentityTheft.gov will first ask you questions to collect the information the IRS needs, then use your information to populate the Form 14039 and let you review it. Once you’re satisfied, you can submit the Form 14039 to the IRS through IdentityTheft.gov and download a copy for yourself. About 30 days later, the IRS will send you a letter confirming it received the information.

Remember, though — filing the Affidavit doesn’t eliminate the need to pay your taxes. If you couldn’t e-file your tax return, you’ll still need to mail it to the IRS and pay any taxes you owe.

You may share this information with any victims of tax-related identity theft you encounter and remind them to visit IdentityTheft.gov to report the problem and get recovery help.

If you or your business have legal questions or concerns regarding computer law, privacy, or cybersecurity law matters, contact attorney Jeffrey A. Franklin at Prince Law Offices.

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Filed under Business Law, Computer Law, Consumer Advocacy