Tag Archives: gun

Removal of PA Character and Reputation Clause for an LTCF

Today, Representative Russ Diamond and 20 pro-Second Amendment/Article 1, Section 21 Representatives submitted a new bill, HB 918, which would remove the character and reputation / good cause provision of 18 Pa.C.S. 6109. Many issuing authorities, like Philadelphia and Monroe have utilized the character and reputation provision to prevent law-abiding individuals from obtaining an LTCF.

Representative Diamond’s memo details how a young lady, who has no criminal or mental health background,  was granted an LTCF in one county and after moving to another county, denied her renewal. (Although it was in a different county, since she had a valid LTCF at the time of application, the law supports that such was a renewal, even though with a different issuing authority.) Furthermore, Representative Diamond’s memo explains how the character and reputation clause is violative of Article 2, Section 1 of the Pennsylvania Constitution, as it is an unlawful delegation of power, supported by legions of PA Supreme Court case law.

Please support HB 918 by contacting your Pennsylvania Representatives and requesting that they co-sponsor or support HB 918. Together, we can remove this unconstitutional provision that permits the unequal application of the law and preempt issuing authorities from revoking resident’s Article 1, Section 21 rights!

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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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The Goslin Decision’s Impact on Possessing Weapons on School Property

As our viewers are aware, earlier, we posted about the Superior Court’s monumental decision in Commonwealth v Goslin, where the court, en banc, held that the “plain meaning of Section 912(c) provides two separate defenses: possessing and using a weapon on school property ‘in conjunction with a lawful supervised school activity’ as well as possessing ‘for other lawful purpose’.” (emphasis added)

But what does this mean? What is the impact? And why did the court remand the case to the trial court for a new trial?

First, it is extremely important to note that although this is an extremely favorable decision, the law provides that either of the separate two defenses are just that – defenses. Specifically, Section 912(c) provides:

It shall be a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose.

This means that the Commonwealth can charge you and force you to raise Section 912(c) as a defense and be acquitted by way of the defense, if you are legally entitled to the defense.

But what does that mean? Well, everyone wants bright line rules but unfortunately, in most cases, there aren’t bright line rules, when you wade into the minutiae of scenarios that can arise. So, let’s talk about what are the bright line rules from this decision:

  1. If you are prohibited from possessing a certain type of weapon (such as firearms or stun guns), you cannot utilize this defense, as you would not be in lawful possession of the weapon and therefore would not have a lawful purpose.
  2. If one is required to have special licensing to possess the weapon (such as a license to carry firearms (“LTCF”)) and you do not have an LTCF, you cannot utilize this defense, as you would not be in lawful possession of the weapon and therefore would not have a lawful purpose.
  3. If you intend to commit or actually do use your firearm to commit a crime on school grounds, you cannot utilize this defense, as you would have an unlawful purpose.

But, what if I am not prohibited from possessing a certain type of weapon, have the requisite licensing (if any) to possess the weapon and am carrying the weapon for purposes of self-defense, can I possess the weapon on school grounds?

Based on this decision (and other arguments under the PA and US Constitutions), you would be entitled to the defense found in Section 912(c); however, as mentioned above, nothing would prevent the District Attorney from charging you and forcing you to prove your defense. Now, that being said, few law enforcement officers are going to want to charge someone in this situation, because if they do, and the charges are dismissed or you are acquitted, you can bring a civil rights action under 42 U.S.C. 1983 against them for violating your rights.

Ok, but what if I need to utilize the weapon I am carrying on school grounds, let’s say for purpose of self-defense?

Here, while there are great arguments – arguments that we raised in our briefing – the decision does not address whether someone possessing a weapon for “other lawful purposes” may use it. In fact, a significant portion of my argument was that the General Assembly utilized different verbs for the different clauses. Specifically, you will see that the General Assembly permitted both use and possession in relation to a “lawful supervised school activity or course” (due to school shooting teams, Boy Scouts…etc, which actively possess and use weapons on school grounds) but only specified possession in relation to “other lawful purpose.” Moreover, as Mr. Goslin was not required to use the pocketknife that he lawfully possessed, this was not an issue before the court. That being said, if an individual, who possessed the weapon for purposes of self-defense, later used that weapon on school grounds for purposes of self-defense, there are great constitutional and statutory arguments that one can make to permit the use of the weapon in that limited circumstance.

Accordingly, the key points are that anyone lawfully possessing a weapon on school grounds ensure that they are possessing it for a lawful purpose (e.g. self-defense) and they understand that they can be charged with violating Section 912 and forced to argue the defense under Section 912(c).

So why did the Superior Court remand this case to the trial court?

Well, although the record establishes that Mr. Goslin lawfully possessed his knife, the trial court never addressed whether he lawfully possessed his knife, as it held that he wasn’t entitled to the defense since his possession of the knife was not related to a school activity. It is for that reason that the Superior Court remanded it back to the trial for a new trial. However, since posting our article on the decision, the District Attorney reached out to me and advised that they do not plan to appeal and intend to nolle prosequi (in essence, dismiss) the charges against Mr. Goslin. Accordingly, Mr. Goslin will not have go through another trial or file additional motions.

As our readers are aware, unfortunately,  Mr. Goslin was not in a position to fund this litigation. Therefore, if you are in a position to be able to help fund this monumental victory, Mr. Goslin would greatly appreciate donations which can be made online through our Firm’s escrow account here – https://secure.lawpay.com/pages/princelaw/trust. Simply place Goslin Appeal in the Matter No/Client Name box.

If you or someone you know has been charged with possessing a weapon on school grounds, contact us today to discuss YOUR rights.

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Lower Merion Township Petitions for Allowance to Appeal in Firearm Preemption Case

As our readers are aware, on December 16, 2016, the Commonwealth Court issued its decision in Firearm Owners Against Crime (FOAC), et al. v. Lower Merion Township, where it held that Lower Merion Township’s preclusion of firearms in township parks was unlawful.

On Friday, January 13, 2017, Lower Merion Township filed a Petition for Allowance of Appeal with the Pennsylvania Supreme Court, which was docketed at 36 MAL 2017. Thereafter, on Tuesday, January 17, 2017, the City of Philadelphia and City of Harrisburg filed amicus curiae briefs with the Court, asking it to grant Lower Merion Township’s request and overturn the Commonwealth Court’s decision. Later today, we will file our Answer in opposition to Lower Merion’s request.

Generally, once our Answer is filed, it will take the PA Supreme Court between 6 to 8 months, if not more, to decide whether to hear Lower Merion’s appeal and if it grants Lower Merion’s appeal, what legal issues it agrees to consider.

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 us today to discuss YOUR rights and legal options.

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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, where the case is currently pending briefing.

Today, the U.S. Government filed a notice with the Third Circuit that the Acting Solicitor General has elected not to sustain the appeal and the Government will be seeking to withdraw the matter in 30 days, as the Government must provide the U.S. Congress with 30 days notice, for the U.S. Congress to intervene if it sees fit. A copy of the letter sent to Speaker Paul Ryan can be downloaded here.

Accordingly, it appears that in 30 days, the appeal will be withdrawn and the only remaining issue will be the attorney fees and costs to be assessed against the Government.

If you have been denied your inalienable right to Keep and Bear Arms as the result of a mental health commitment or non-violent misdemeanor offense, contact us today to discuss your options. Together, we can vindicate YOUR rights!

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Seminar: What Happens After You Use Your Firearm In PA

On January 7, 2017, Chief Counsel Joshua Prince and Attorney Adam Kraut of Firearms Industry Consulting Group (FICG), a division of Prince Law Offices, P.C., in conjunction with former JAG E. Allen Chandler of Firearms Legal Protection and King Shooters Supply, will provide an hour and a half seminar on what happens after you use your firearm in Pennsylvania. For only $10, you will be provided information on the legal consequences of a violent encounter and how to avoid common mistakes that can cost you money, and even your freedom, if you should become involved in a self-defense situation.

All attendees must per-register, and if there is extensive demand, we may schedule another seminar later in the day. To register, simply visit King Shooter Supply’s website.

Brought to you by your PA Firearms Lawyer® and your PA Gun Attorney® and home of the Armor Piercing Arguments®.

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Commonwealth Court Finds Lower Merion Township’s Firearm Regulations UNLAWFUL

Today, in a case that I handled, the Commonwealth Court issued a decision in Firearm Owners Against Crime (FOAC), et al. v. Lower Merion Township, 1693 C.D. 2015, reversing the trial court and finding that FOAC was entitled to a preliminary injunction against Lower Merion Township’s unlawful firearm regulations.

The background to the case is that in 2011, Lower Merion Township passed an ordinance amending section 109-16 of its Code (Ordinance) to prohibit persons from “carry[ing] or discharg[ing] firearms of any kind in a park without a special permit, unless exempted.” Lower Merion Township, Pa., Code §109-16. The Ordinance imposes a maximum fine of $600.00 per violation and authorizes the police to remove violators from Township parks or recreation areas.

In 2014, FOAC  contacted the Township and alleged that the Ordinance violated section 6120 of the Pennsylvania Uniform Firearms Act (UFA) because it improperly restricted firearm possession in Township parks. Upon review, the Township determined that the Ordinance was consistent with the UFA because it only prohibited the unlawful possession of firearms in parks and, therefore, chose not to repeal or revise it. Shortly thereafter, FOAC and a resident of the Township filed suit in the Montgomery County Court of Common Pleas and sought a preliminary injunction that the court denied. The underlying appeal ensued.

Reaffirming the PA Supreme Court’s decision in Ortiz v. Commonwealth, 681 A.2d 152 (Pa. 1996), the Commonwealth Court found that FOAC’s right to relief was clear. Specifically, the Commonwealth Court declared

Rather, the critical upshot is our recognition that Ortiz’s “crystal clear holding” prohibits this Court from endorsing the argument that a cognizable distinction exists between regulating lawful activity and unlawful activity.

Moreover, based on Commonwealth Court Judge Pelligrini’s prior footnote (known as fn. 9) in Dillon v. City of Erie, 3 A.3d 467 (Pa. Cmwlth. 2014) (en banc), the Township attempted to argue that it could regulate as a private property owner. In explicitly rejecting the Township’s argument, the Court held that

the UFA explicitly prohibits a township from regulating “in any manner” and contains no express exemptions authorizing a township to enact ordinances permitting firearm regulation on its property, i.e., parks, comparable to that contained in the Game Law…Therefore, the Township’s argument that Firearm Owners’ right to relief is not clear based on its authority to regulate its parks as a property owner pursuant to Wolfe is unpersuasive.

Furthermore, the Court found the Township’s arguments that immediate and irreparable harm would not result as absurd, given the statutory proscription on regulating firearms and ammunition. Likewise, the Court found that “refusing an injunction would sanction the Township’s continued statutory violations of the UFA and, therefore, be injurious to Firearm Owners and the public” and that “the last nonconstested status existed prior to the Township’s enactment of the Ordinance. Therefore, an injunction enjoining the Ordinance would restore the parties to their last uncontested status and preserve the status quo.”

For those interested, you can download copies of our Brief and Reply Brief, by clicking on the applicable prior text.

Please join me in thanking FOAC for remaining steadfast in its dedication to defending Article 1, Section 21 and 18 Pa.C.S. 6120. I would highly encourage anyone in a financial position to do so, to donate to FOAC so it can continue to support important litigation defending our Rights.

#BestHanukahPresentFromTheCommonwealthCourtEVER! #MerryChristmasSenatorLeach #SenatorLeachITookMyBestShotAndWON! (This is in relation to your comment that I should take my “best shot” at 1:27 mark – http://www.nbcphiladelphia.com/news/local/Gun-Rights-Supporters-Rally-in-Suburban-Philadelphia-296381701.html)

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