Tag Archives: due process

Our Veterans Need Our Help To Ensure Their Second Amendment Rights! It Is Time For Us To Repay Our Debt To Them!

Today, the U.S. House of Representatives voted 240-175, with numerous Democrats voting in support, on H.R. 1181 – Veterans 2nd Amendment Protection Act, which would prevent the Department of Veterans Affairs from stripping a veteran’s right to Keep and Bear Arms in the absence of an order or finding by a judge, magistrate, or other judicial authority that such veteran is a danger to himself or herself or others.

Specifically, H.R. 1181 provides:

Notwithstanding any determination made by the Secretary under section 5501A of this title, in any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18 without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.

It now moves to the Senate for approval, where we need YOUR support. Please contact your U.S. Senators and tell them to SUPPORT H.R. 1181.

As many of you are aware, I recently detailed a client’s putative loss of his Second Amendment rights through the VA, because the VA, sua sponte and in the absence of any form of due process, elected to place him into “supervised direct payment status.”

It is imperative that we protect our veterans and enact H.R. 1181! Please take a few minutes out of your day to contact your Senators and let them know that it is time that we treat our veterans with the respect and dignity they deserve and ensure the protection of their constitutional rights – the rights that they have steadfastly defended of ours. Our veterans are not second-class citizens and our Senators need to know that we’ll defend their rights, just as they’ve been willing to sacrifice everything to preserve our rights.

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Filed under ATF, Firearms Law, Uncategorized

Cambria County to Return 306 Guns to Resident at NO Cost , After Final PFA Dismissed and Temporary PFA Vacated

As some of our viewers are aware, in March of this year, a Cambria County man and collector of firearms had 306 of his firearms confiscated by the Cambria County Sheriff as a result of a temporary Protection for Abuse Act (PFA) Order. (His name is not being disclosed due to the nature of the issues).

Pursuant to 23 Pa.C.S. 6107(b), which addresses temporary PFAs, an individual can be deprived of his/her right to keep and bear arms, without opportunity to be heard, as occurred in this matter. Where a temporary PFA is issued, pursuant to 23 Pa.C.S. 6107(a), a hearing must be held within 10 days where all parties have an opportunity to be heard. During that hearing, the Honorable Judge F. Joseph Leahey not only denied the final PFA but also vacated the temporary PFA, finding that there was no basis in the law for the issuance of the temporary PFA. Unfortunately, the Cambria County Sheriff’s department expended over $1200 in the confiscation of the Cambria man’s firearms, the cost of which was assessed against the gun owner.

At that point, I was retained to request reconsideration of that aspect of the Order on several grounds: First, 23 Pa.C.S. 6108.1(a) precludes the assessment of costs relating to the return of firearms in PFA matters; Second, 18 Pa.C.S. 6111.1(b)(4) requires return of all firearms in the possession of a law enforcement agency to the lawful owner, provided the lawful owner is not prohibited from possessing and purchasing firearms and ammunition; Third, pursuant to Article 1, Sections 1 and 9 of the Pennsylvania Constitution and the 14th Amendment of the U.S. Constitution, he was denied all forms of due process; Fourth, pursuant to Article 1, Section 21 and the Second Amendment to the U.S. Constitution, he was denied his right to keep and bear arms; and Fifth, that pursuant to the 5th and 14th Amendments to the U.S. Constitution, the assessment of costs would constitute a taking in this context. Additionally, I requested that all firearms be returned to the location of confiscation (e.g. my client’s home).

On April 24th, Judge Leahey graciously granted an emergency oral request for reconsideration of his Order, as the appeal deadline was about to run. After filing a written motion for reconsideration explaining the above issues, on May 18, 2015, the Honorable F. Joseph Leahey issued a new Order vacating the assessment of costs against my client and now assessing the costs for confiscation against the County. Further, he directed the Sheriff to return all the firearms to my client at the location of confiscation.

It bears noting that Cambria Sheriff Bob Kolar never opposed the motion for reconsideration (or, to my knowledge, ever asked the court to impose the costs against my client) and was quoted as saying “I had a court order and I was complying with that order.” Further, it is my understanding that Judge Leahey was unaware of the prohibition on the assessment of costs related to the confiscation and return of firearms in PFA matters and simply followed policy in initially assessing the costs.  As soon as he was made aware of the issue, he was genuinely concerned and was extremely amenable to reconsidering his Order. Both of these men deserve our appreciation for their dedication in upholding the law.

If you or someone you know has a PFA issued against them or need assistance in seeking return of your firearms, please do not hesitate to contact us – 888-313-0416 or info@princelaw.com – to discuss your rights!

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Filed under Firearms Law

Press Release: Attorney Winter Featured in Philadelphia Inquirer and Attorney Prince Featured on 69News in Bullying / School Discipline Case

We are proud to announce that two of our attorneys were recently featured by two Greater Philadelphia news sources for our firm’s representation of a 16 year old Schuylkill Valley School District student in a school discipline lawsuit pending in federal court.  On Saturday, Attorney Eric Winter, lead attorney on the case, was featured in the Philadelphia Inquirer.  The original article is not available online without a subscription.  Philly.com’s version of the article can be viewed here.  Attorney Joshua Prince was then featured on last evening’s WFMZ-TV 69 News regarding the lawsuit.  The news story featuring Attorney Prince can be viewed here.

Among the lawsuit’s claims, it is alleged that the school district disciplined the student without a hearing in violation of the student’s rights.  The lawsuit further alleges that the school district improperly suspended the student for “disorderly conduct” after the student’s parents sought protection from the school district because a classmate videoed the student and his girlfriend engaged in consensual sex on a school trip, which was then circulated by the classmate to other students.  The circulation of the video on the classmate’s cell phone resulted in the bullying and harassment of our client.  Prince Law Offices filed suit in the Eastern District of Pennsylvania on our client’s behalf.  This lawsuit remains pending.

This story was also covered by the Associated Press and featured as far away as San Antonio, Texas, as well as featured on other news sources, including the Reading EagleYork Daily RecordMyFoxPhilly.com.

DISCLAIMER: THE OUTCOME OF A CASE DEPENDS ON A NUMBER OF CASE-SPECIFIC FACTORS; ATTORNEY MAKES NO GUARANTEE AS TO THE OUTCOME OF ANY PARTICULAR CASE; CASE RESULTS MAY VARY.

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