Tag Archives: Joshua Prince

Chief Counsel Joshua Prince and Attorney Adam Kraut Testify Before the PA House Judiciary Committee

Today, Chief Counsel Joshua Prince and Attorney Adam Kraut of the Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., jointly testified before the Pennsylvania House Judiciary Committee regarding a number of anti-Second Amendment and anti-Article 1, Section 21 proposals that were previously discussed during the 6 day hearings on “public safety.” As specified in Exhibit H to the Joint Testimony, there are significant constitutional issues with these proposals, under the U.S. and Pennsylvania Constitutions, and several of the proposals seek to discriminate against the Amish, as a result of their closely-held religious beliefs. Live streaming will be available at RonMarsico.com, and PAHouseGOP.com

Please join us in thanking Attorneys Prince and Kraut for the monumental amount of time expended in the researching and drafting of their joint testimony. As many have inquired about donating to support the time expended, anyone wishing to donate can:

  • Pay via the secure website: Civil Rights Defense Firm, P.C. – Please place “House Judiciary Testimony” in the reference field, or
  • Mail donations to: Civil Rights Defense Firm, P.C., 646 Lenape Rd, Bechtelsville, PA 19505 and include a note or letter stating that it is in relation to House Judiciary Testimony”.

Together, we can ensure that our inalienable rights are never encroached upon!

 


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.

Advertisements

Leave a comment

Filed under Firearms Law, Pennsylvania Firearms Law

PA Governor Wolf and Republican Members of the General Assembly Seek to Preclude the Amish from Obtaining Guns and Ammunition

Several months ago, a number of bills were submitted by Members of the General Assembly, seeking to prohibit the private transfer of rifles and shotguns – thereby, requiring that all transfers or purchases of any type of firearm, go through a Federal Firearms Licensee – and more recently, Governor Wolf called upon the General Assembly to pass the legislation, which, in violation of the Religious Freedom Restoration Act, would absolutely preclude the Amish from obtaining any type of firearm, due to their closely-held religious convictions, which preclude their picture being taken.

Specifically, House Bill 1400, offered by Representative James Santora (R) with 73 sponsors, and House Bill 2249, offered by Representative Thomas Murt (R) with 17 sponsors, seek to preclude the private party sale of a rifle or shotgun, while House Bill 2251, offered by Representative Thomas Murt (R) with 8 sponsors, seeks to preclude the  purchase of ammunition, except from a Federal Firearm Licensee or gun range and only after a background check is performed. Of course, as there is no way for an entity, absent a Federal Firearms License, to perform a background check, this means that the inclusion of gun range is dubious, as it will have to have a Federal Firearms License to perform the background check.

Pursuant to 18 U.S.C. § 922(t)(1)(C), a Federal Firearm Licensee is barred from selling or transferring a firearm to an individual, unless the individual can produce a “valid identification document (as defined in section 1028(d) of this title) of the transferee containing a photograph of the transferee.”

Due to Pennsylvania having the second largest Amish population in the U.S. and the Amish’s closely-held religious beliefs, pursuant to Exodus 20:4, that preclude the taking of their photograph, the General Assembly, being acutely aware of the federal requirement that an individual produce photo-identification when purchasing a firearm from a federal firearms licensee, not only provided an exemption for private party sales of rifles and shotguns in 18 Pa.C.S. § 6111, but also, exempted those members with closely-held religious beliefs from the photo ID requirement under state law and even provided for photo-less driver licenses and licenses to carry firearms. See, 18 Pa.C.S. § 6111(b)(2), 67 Pa.Code § 73.3(d)(4), and 37 Pa.Code 33.102.

However, if H.B. 1400 and H.B. 2249 are enacted, in violation of the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb-1, et seq., the Amish will be precluded from purchasing or having any form of firearm transferred to them, because they will have to obtain the firearm through a Federal Firearms Licensee, which will require that they produce photo-identification. Similarly, issue are likely to arise in relation to HB 2251, as it mandates that a background check be performed, which means that the entity will have to be a Federal Firearms Licensee. Moreover, a search/query of the NICS database would be an abuse of the NICS system, as federal law does not require a background check for the purchase of ammunition and NICS can only be searched/queried for lawful purposes permitted by federal law.

It is truly sad to see Members of our General Assembly seeking to discriminate against those with closely-held religious convictions. Please take some time out of your day to contact your State Legislators and let them know that you oppose these bills and any other bills that seek to discriminate against those with closely-held religious beliefs.

If you or someone you know has been precluded from obtaining firearms or ammunition as a result of your closely-held religious convictions, 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.

5 Comments

Filed under Firearms Law, Pennsylvania Firearms Law

Attorney Joshua Prince to Testify before the PA House Judiciary Committee

Chief Counsel Joshua Prince of the Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., has been requested to testify before the Pennsylvania House Judiciary Committee on May 22, 2018, regarding the anti-Second Amendment proposals that are pending before it, which we previously blogged about in our article – Pennsylvania Firearm Rights in the Crosshairs – The Rights That Stand to be Infringed.

.

Prince Testimony House Judiciary

As it is anticipated that Chief Counsel Prince will spend more than 30 hours preparing his testimony in response to the almost 20 anti-Second Amendment bills that are pending, any donations in support would be greatly appreciated. Anyone wishing to donate can:

  • Pay via the secure website: Civil Rights Defense Firm, P.C. – Please place “House Judiciary Testimony” in the reference field, or
  • Mail donations to: Civil Rights Defense Firm, P.C., 646 Lenape Rd, Bechtelsville, PA 19505 and include a note or letter stating that it is in relation to House Judiciary Testimony”.

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.

 

 

Leave a comment

Filed under Firearms Law, Pennsylvania Firearms Law

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.

5 Comments

Filed under Firearms Law, Pennsylvania Firearms Law, Uncategorized

What Do You Do If You Realize That Your ATF AFMER Report Is In Error?

Recently, I had a client, who timely (prior to April 1st) filed with the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) his Annual Firearm Manufacturing and Export Report (“AFMER”) and after filing it, realized that a firearm manufactured in 2018 was inadvertently included on the form for 2017.  When it was discovered, my client obviously became concerned with the inadvertent inclusion. So what to do?

It’s actually quite simple. Even if you efiled your AFMER (as 90% of manufacturers and exporters do), since there is no ability to efile an amended AFMER through eForms, you must submit a paper copy of the revised AFMER form to ATF, where you write “AMENDED” on the top of the form and mail it to: ATF AFMER PROGRAM, 244 Needy Road, Martinsburg, WV 25405.

Although not required, I would recommend sending it certified return receipt, so that you receive back a signed receipt reflecting the date it was received by ATF. Then, you should staple that to a copy of your amended AFMER that you keep for your recordkeeping, so that, if an issue ever arose, you can show the certified receipt of when it was received by ATF and that you had submitted an amended AFMER.

If you or your company is having issues with your AFMER report or other issues related to ATF, 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.

 

Leave a comment

Filed under ATF, Firearms Law, Uncategorized

York County Magistrate Judge Dismisses Charges of Making False Statements in Relation to Prior Putative Mental Health Commitment

Today, Attorney Eric Winter successfully argued for dismissal of charges before a York County Magistrate Judge. The charges were filed by the York County Sheriff in relation to a putative false statement our client made when applying for a license to carry firearms (“LTCF”).

In arguing that our client had not been committed to a mental institution, Attorney Winter argued that the recent decision by Federal District Court Judge Kim Gibson precluded any finding that our client had been involuntarily committed, regardless of any 302 commitment. Specifically, in Franklin v. Sessions, et al., Judge Gibson found that a Section 302 commitment under the Pennsylvania Mental Health and Procedures Act was not sufficient to trigger a federal disability.

After dismissing the charges, the Magistrate Judge asked the York County Sergeant who had filed the charges as to whether the “other cases, merely based on a 302 commitment, would be dismissed.” To our astonishment, the Sergeant replied that the charges filed against the other individuals would not be dismissed, as not everyone has a lawyer to defend against the charges. Thankfully, the Magistrate Judge stated that such was unfortunate, since he, as both an attorney and judge, was ethically bound to equally apply the law and that the established law precluded any individual from being charged for making false statement in relation to a 302 commitment. He went on to say that any charges filed against individuals for allegedly making false statements in relation solely to a 302 commitment would be dismissed.

Please join us in congratulating Attorney Winter and the Magistrate Judge in York County for ensuring that our constitutional rights are never infringed!

If you or someone you know has been involuntarily committed and are either under charges for making false statement or are now prohibited from purchasing and possessing firearms and ammunition, 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.

1 Comment

Filed under Firearms Law, Pennsylvania Firearms Law

Firearms Law Seminar – March 31, 2018 at King Shooters Supply!

On March 31, 2018, Chief Counsel Joshua Prince, Attorney Adam Kraut and Attorney Eric Winter of Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., in conjunction with King Shooters Supply, will offer a four (4) hour seminar, from 10am-2pm, on state and federal firearms law at their store located at  346 E Church Rd, King of Prussia, Pennsylvania 19406.

The cost is $10 and you must register early, as last time it sold out fast. You can find out further information on King Shooters Supply’s website.  To register, sign up on the website here. If there are no more spots available, the class will show out of stock. If you have questions, please feel free to contact King Shooters Supply at 610-491-9901.

 


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.

Leave a comment

Filed under Firearms Law, News & Events, Pennsylvania Firearms Law