Today, Chief Counsel Joshua Prince secured a major victory for Second Amendment jurisprudence in Williams v. Garland, et al., 19-CV-2641, where Judge Milton Younge of the Eastern District of Pennsylvania ruled in an 11 page memorandum that it was unconstitutional as-applied to Mr. Williams to preclude him in perpetuity from exercising his Second Amendment rights … Continue reading MONUMENTAL DECISION – Federal Court, POST-BRUEN, Rules It’s Unconstitutional to Strip Second Amendment Rights as a Result of a Second DUI
Tag: as-applied
Third Circuit: US Government Cannot Prohibit People Convicted of Non-Violent Crimes From Possessing Firearms
Yesterday, in an en banc, 11-4, decision, the Third Circuit Court of Appeal in Range v. Attorney General of the U.S., et al, No. 21-2835, 2023 WL 3833404 (3d Cir. June 6, 2023) held that as "Range is one of 'the people' who have Second Amendment rights" regardless of his prior conviction for making a … Continue reading Third Circuit: US Government Cannot Prohibit People Convicted of Non-Violent Crimes From Possessing Firearms
MONUMENTAL ORDER: Third Circuit VACATES Prior Decision Related to 2nd DUI Firearms Prohibition
Late yesterday, Chief Counsel Joshua Prince, assisted by Attorney Dillon Harris, secured two monumental Orders by the Third Circuit granting reconsideration Williams v. Attorney General, 19-2694, vacating its and the district court's prior decisions finding that Mr. Williams could not bring a successful Second Amendment as-applied challenge to his putative federal firearms prohibition stemming from … Continue reading MONUMENTAL ORDER: Third Circuit VACATES Prior Decision Related to 2nd DUI Firearms Prohibition
MONUMENTAL DECISION – Federal Court Rules It’s Unconstitutional to Strip Second Amendment Rights as a Result of a Second DUI
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
Are You Federally Prohibited From Possessing Firearms And Want To Challenge It or Otherwise Restore Your Rights?
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?
SCOTUS Denies Certiorari in Binderup/Suarez
Today, the U.S. Supreme Court refused to hear the U.S. Government's request for appeal in the combined cases of Attorney General Sessions v. Binerup and Suarez, leaving in place the District Court and Third Circuit decisions holding that an individual can successfully bring a Second Amendment as-applied challenge to a non-violent misdemeanor firearms disability. I … Continue reading SCOTUS Denies Certiorari in Binderup/Suarez
U.S. Government to Withdraw Appeal in Second Amendment As-Applied Challenge Relating to a Mental Health Commitment
As our viewers are aware, I was previously successful in establishing a right to relief in a Second Amendment as-applied challenge involving a mental health commitment - Monumental Decision from the Middle District of Pennsylvania Regarding Mental Health Commitments and the Second Amendment. Thereafter, the U.S. Government filed an appeal to the Third Circuit Court, … Continue reading U.S. Government to Withdraw Appeal in Second Amendment As-Applied Challenge Relating to a Mental Health Commitment
Major Pennsylvania Firearm Cases of 2016
As the year is coming to a close, I thought it important to document some of the monumental court decisions that Firearms Industry Consulting Group® (FICG®), a division of Prince Law Offices, P.C., obtained in 2016, as well as, some other cases of importance. We were successful in a monumental case of first impression in … Continue reading Major Pennsylvania Firearm Cases of 2016
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
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