Tag Archives: “Firearm Owners Against Crime”

Part 2: Lower Merion Township – Taxpayers on the Hook for Legal Expenses related to Illegal Firearms Ordinance

As I reviewed back in May of 2015, the Lower Merion Township taxpayers were already on the hook for approximately $4,900 in legal fees, as a result of its unlawful firearm ordinances.  Although the Commonwealth Court declared the ordinances unlawful and the PA Supreme Court refused to hear the Township’s appeal of the matter, the Township has nevertheless enacted a new discharge ordinance on September 19, 2017 and the Montgomery County Court of Common Pleas will hear argument in late-October regarding the Township’s violation of the Commonwealth Court’s decision. While the litigation continues, I was interested in just how much the taxpayer of Lower Merion Township have paid in relation to it, so I submitted another Right to Know Law request. Today, I received their response.

While the billings take some time to calculate, since the prior billings, it appears that another $26,514.44 was paid, resulting in a total attorney fee of over $31,000 through July of this year. It is unfortunate that the Lower Merion Township Commissioners have elected to not only defend their illegal ordinances but also enact new ordinances in violation of the law at the taxpayers expense. If you are a resident of Lower Merion Township, you should let the Commissioners know that you do not appreciate your money being used for their political views.

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Montgomery District Attorney Requested to Investigate and Charge Lower Merion Township for Proposed Firearm Regulation

As our viewers are aware, we became aware on August 30, 2017, that at its upcoming September 19th meeting, Lower Merion Township is considering a new firearm discharge ordinance, even after the Commonwealth Court struck down its current discharge ordinance and held that municipalities may not regulate discharge.

As a result, in a letter sent today, Attorney Joshua Prince formally requested that Montgomery County District Attorney Kevin Steele open an investigation into this matter and file appropriate charges, including for violations of Section 6120 and official oppression.

We hope that District Attorney Steele will take a proactive approach, similar to that of Lancaster County District Attorney Crag Stedman, who recently sent out letters to all law enforcement agencies in Lancaster County advising that municipal regulation of firearms and ammunition is unlawful. Regardless, we would again urge everyone, especially residents and taxpayers in Lower Merion Township, to make the Commissioners aware of your position. The hearing on September 19th will start at 7:30 PM at Township Administration Bldg – 2nd Floor Board Room, 75 East Lancaster Ave, 2nd Floor Board Room Ardmore, Pennsylvania 19003-2323. Their telephone number is 610-649-4000 and you can contact the individual commissioners here.

If your rights have been violated by an illegal firearm or ammunition ordinance or regulation promulgated by a state agency, county, municipality or township, 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.

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Lower Merion Township Considering Unlawful Firearm Regulation After Losing On The Same Basis – Taxpayers To Be On The Hook!

Today, I became aware that Lower Merion Township is considering a new, unlawful firearm discharge regulation, after having their current discharge provision ruled unlawful by the Commonwealth Court and denied review by the Pennsylvania Supreme Court in Firearm Owners Against Crime, et al. v. Lower Merion Township, 151 A.3d 1172 (Pa. Cmwlth. Ct. 2016) (petition for allocatur denied July 11, 2017).

The new, unlawful proposed ordinance provides, in part:

Section 1. The Code of the Township of Lower Merion, Chapter 109 thereof, entitled Parks and Playgrounds, § 109-16, Firearms; fireworks, shall be amended to provide as follows:

§ 109-16. Discharge of a firearm or bow; dangerous athletic implements; fireworks. Township parks shall be posted to prohibit the discharge of a firearm or bow except where authorized by the Board of Commissioners. The promiscuous use in a park of javelins, discuses or similar athletic equipment dangerous in character is prohibited unless used under the direct supervision of an authorized playground supervisor. The use of firecrackers, fireworks or rockets in a park is prohibited.

The proposal is scheduled be voted on September 19, 2017. Unfortunately, it looks like the taxpayers will further be on the hook, if this ordinance is passed for substantial attorney fees and costs. Although I have not received updated amounts of fees incurred by Lower Merion Township in relation to the FOAC, et al v. Lower Merion Township litigation, as I previously wrote, the insurance company denied coverage, stating:

The POL Coverage Part of the applicable Trust Coverage Document does not provide coverage for the Township in this matter because the plaintiffs are not seeking to recover compensatory damages, but only declaratory and injunctive relief, and because the plaintiffs have alleged in their Complaint that the Township willfully violated 18 Pa. C.S. §6120 and otherwise engaged in willful misconduct in refusing to amend or repeal the allegedly illegal ordinances. The Trust therefore respectfully declines coverage and requests that the Township retain defense counsel at its own expense in this matter.

Accordingly, everyone, especially residents and taxpayers in Lower Merion Township, should make the Commissioners aware of your position. The hearing on September 19th will start at 7:30 PM at Township Administration Bldg – 2nd Floor Board Room, 75 East Lancaster Ave, 2nd Floor Board Room Ardmore, Pennsylvania 19003-2323. Their telephone number is 610-649-4000 and you can contact the individual commissioners here.

If your rights have been violated by an illegal firearm or ammunition ordinance or regulation promulgated by a state agency, county, municipality or township, 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.

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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 obtaining a decision from the Commonwealth Court holding that all license to carry firearms applicant information is confidential and not subject to disclosure. The court held that disclosure through an un-enveloped postcard was a public disclosure.

The Pennsylvania Supreme Court in Commonwealth v. Childs re-affirmed that the Castle Doctrine is an inalienable/inherent right.

There was the U.S. Supreme Court decision in Birchfield v. North Dakota that held that a state may not imposed additional criminal sanctions or penalties on someone refusing a breathalyzer or blood draw. Although we were not involved in the Birchfield decision, as a result of the decision, we were able to get numerous individual relief from previously prohibiting convictions and plea deals.

In another case of first impression, we were successful in a Second Amendment as-applied challenge in relation to a mental health commitment. The District Court even declared:

Indeed, Mr. Yox provides the perfect test case to challenge § 922(g)(4), as the illogical contradiction of being able to possess firearms in his professional capacities but not being able to possess a firearm for protection in his own home puts in relief a factual scenario where an as-applied Second Amendment challenge to this statute may succeed.

Indeed, if Mr. Yox were not to succeed on his as-applied challenge, we cannot imagine that there exists any person who could.

In a monumental order, the Superior Court vacated its decision in Commonwealth v. Goslin and ordered re-briefing and argument on whether Mr. Goslin, who merely possessed a lawful pocket knife on school grounds, was entitled to the defense of his possession constituting an “other lawful purpose.” This was after the Superior Court had issued a devastating opinion holding that one could only possess a weapon on school grounds if it related to and was necessitated by the reason the individual was on school grounds. We now await the court’s decision.

The most recent decision was in relation to Lower Merion Township’s illegal firearm ordinances, which precluded individuals from possessing and utilizing firearms in their parks, in direct contravention of Article 1, Section 21 of the Pennsylvania Constitution and our state preemption, found in 18 Pa.C.S. 6120. The Commonwealth Court found that Firearm Owners Against Crime (FOAC) was entitled to an injunction.

These are but a few of the extremely important, pro-Second Amendment, decisions that were rendered this year in Pennsylvania.

If your rights have been violated, contact us today to discuss your options! Together, we can ensure that YOUR constitutional rights aren’t infringed!

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PRESS RELEASE: Chief Counsel Joshua Prince to be on Business Matters on February 22, 2016!

On Monday, February 22, 2016, at 7:30 PM, Chief Counsel Joshua Prince of the Firearms Industry Consulting Group (FICG), a division of Prince Law Offices, P.C., will be on Business Matters with Kim Stolfer, President of Firearm Owners Against Crime debating Shira Goodman of CeaseFire PA and several other individuals in relation to whether additional firearm laws are necessary at the state and federal level.

For those desiring to watch this guaranteed explosive and entertaining debate, you can find a listing of the channels for WFMZ-69TV here. After the show, let us know your thoughts!

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Another Amici Curiae Brief Filed Against the City of Harrisburg!

Today, another Amici Curiae brief was submitted in the matter of City of Harrisburg, et al., v. U.S. Law Shield of Pennsylvania, LLC, et al., 449 C.D. 2015 by the Allegheny County Sportsmen’s League, American Gun Owners Alliance, Firearm Owners Against Crime, Gun Owners of America/Gun Owners Foundation, Lehigh Valley Tea Party, Pennsylvania Federation of Sportsmen’s Clubs, Pennsylvanians For Self Protection, Pennsylvania State Fish & Game Protective Association, and Unified Sportsmen of Pennsylvania.

Attorney Jim Smith of the Smith Law Group, LLC filed the brief on behalf of the Amici. You can obtain a copy here.

The Amici, in addition to incorporating the arguments of the Amici Curiae Members of the General Assembly, also raise arguments relating to 1. field preemption for discharge; 2. a violation of 18 Pa.C.S. 6120 being a criminal act, which constitutes official oppression; and 3. that the City should be barred under the Unclean Hands doctrine.

I would like to thank those organizations and Attorney James Smith for standing strong and in steadfast devotion to the protection of Article 1, Section 21 of the Pennsylvania Constitution and the Second Amendment to the U.S. Constitution with the Amici Curiae Members of the General Assembly. Together, we will ensure that the Right to Keep and Bear Arms will not be infringed and that the City of Harrisburg will be held accountable for its unlawful and illegal actions.

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PRESS RELEASE: Lawsuit Filed Against Lower Merion Township Regarding Its Illegal Firearm Ordinance

Today, Firearms Industry Consulting Group, a division of Prince Law Offices, P.C., filed an 24 page Complaint, plus exhibits, against Lower Merion Township on behalf of Firearm Owners Against Crime (FOAC) and two individual plaintiffs regarding the Township’s illegal and unconstitutional firearm ordinance – Section 109-16. In the Complaint, Chief Counsel Joshua Prince argues that the Township’s ordinance violates 18 Pa.C.S. § 6120 and Article 1, Section 21 of the Pennsylvania Constitution, for which even Township Manager McNelly admitted and which is included as an exhibit.

Although the Township was provided an opportunity to repeal its illegal ordinance, in direct defiance of the state crime of Official Oppression, as well as, Section 6120, the Commissioners, contrary to the advice of their solicitor, refused to repeal or amend Section 109-16.

It is unfortunate that Township’s taxpayers will be burdened by the Township’s elected officials believing it is acceptable, and even gloating, that they are violating the Crimes Code and refusing to repeal such illegal provisions.

As it is a misdemeanor of the first degree to violate Section 6120, pursuant to 18 Pa.C.S. § 6119, we call upon Montgomery County District Attorney Risa Ferman, who is currently running for judge in Montgomery County, to bring charges against the Township and its representatives for their violations of the Crimes Code, including conspiracy, official oppression, and Section 6120. It is time that our elected officials be held accountable for their actions.

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