Tag Archives: Joshua Prince

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 are extremely complex, as you are suing the U.S. Government, we have successfully litigated these types of challenges, including ones involving issues of first impression across the United States. For example, in an issue of first impression, Attorney Joshua Prince was successful in two Second Amendment as-applied challenges involving involuntary mental health commitments in Keyes, et al. v. Sessions, et al. Attorney Prince was also recently successful in having the Western District Court of Pennsylvania hold that a 302 commitment was not sufficient to trigger a prohibition under 18 U.S.C. § 922(g)(4) in Franklin v. Sessions, et al. We also have several challenges pending in relation to prohibitions stemming from DUIs, forgery and making false statement on a federal tax return. Unlike others, we have yet to lose a Second Amendment as-applied challenge that we have brought and the Government is acutely aware of our ability to properly and thoroughly litigate these cases in our clients’ favor.

If you are prohibited from purchasing, possessing and utilizing firearms and ammunition, pursuant to criteria in 18 U.S.C. § 922(g), as a result of a non-violent misdemeanor or mental health commitment, 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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Court Filings In Pennsylvania v. Defense Distributed – An Interesting Look Behind The Scenes…

Earlier today, I blogged about the numerous news reports that an injunction had been sought against Defense Distributed, et al. and that Defense Distributed, et al. agreed to make “its sites unaccessible to Pennsylvania users,” however, at that time, there was no docket for the case. As a docket has now been generated with the filings, it is interesting to see what was actually filed in this matter, which is docketed as Commonwealth of Pennsylvania, et al., v. Defense Distributed, et al., 2:18-cv-03208 and assigned to the Honorable Paul S. Diamond, a President George W. Bush nominee.

Defense Distributed Docket.jpg

As we already knew, Governor Wolf, Attorney General Shapiro and the Pennsylvania State Police filed a Motion for a Temporary Restraining Order and Preliminary Injunction, which was rendered moot, per the Court’s Order, “in light of Defendants’ agreement to refrain from posting new information and to block all challenged information from being accessed in Pennsylvania.”

What may be more interesting to our viewers is the behind-the-scenes look at the 35 page email exchange on Sunday regarding this matter and how, in allegedly emergent situations, the court can schedule hearings in a very prompt manner, regardless of date or time. I find it interesting that when challenged by Professor/Attorney Blackman in relation to the Commonwealth having witnesses which were not disclosed to him or his clients in advance, the Commonwealth argument is “We certainly have not tried to ambush you, Mr. Blackman — we have just been busy.” I guess being busy must have meant preparing a press release and twitter account postings, in advance of the hearing, so that they’d be ready to be published immediately after the hearing. Defense Distributed would be well-advised to prepare for these types of shenanigans throughout the proceedings…

If your constitutional rights have been violated by the Commonwealth of Pennsylvania, 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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Governor Wolf and Attorney General Shapiro Violate Pennsylvania Residents’ First and Second Amendment Rights in Precluding Access to 3D Gun Files

Numerous news agencies are reporting that Governor Wolf, Attorney General Shapiro and the Pennsylvania State Police yesterday filed an emergency motion in the United States District Court for the Eastern District of Pennsylvania against Defense Distributed, DEFCAD, Ghost Gunner and Cody Wilson, to preclude access to their websites by Pennsylvania residents and that Defense Distributed, et al., agreed to make “its sites unaccessible to Pennsylvania users,” all in violation of the First and Second Amendments to the U.S. Constitution, not to mention the numerous violations of the Pennsylvania Constitution.

Although the article mentions a press release being sent out by the AG Shapiro’s Office, the AG’s website has no mention of the press release, PACER does not yet list such a matter in the Eastern District Court of Pennsylvania and a recently found Complaint for declaratory and injunctive relief is dated July 30, 2018 (i.e. for today). Of course, in an emergency situation, it would not be unusual for a motion for a restraining order to be made in advance of a complaint being filed.

As you can see from the Complaint, Governor Wolf and Attorney General Shapiro make multiple false statements about both the factual background (e.g. that the Defense Distributed “provide[s] guns to residents of the Commonwealth”) and the law (e.g. that electronic data constitutes a firearm and that the UFA or GCA regulate data). More importantly, there are numerous ways to challenge this action, including my hope that Defense Distributed, et al., files a counterclaim under 42 U.S.C. §§ 1983, 1988 for violation of their constitutional rights and that Governor Wolf and AG Shapiro can explain to the residents of the Commonwealth, why the taxpayers have been hit with a several hundred thousand dollar attorney fee award.

If your constitutional rights have been violated by the Commonwealth of Pennsylvania, 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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Pennsylvania Supreme Court AFFIRMS Decision Imposing Financial Judgment Against the Pennsylvania State Police for Violating Second Amendment Rights!

Today, the Pennsylvania Supreme Court issued an order in Haron v. PSP, 65 MAP 2017, affirming the Commonwealth Court’s decision entering a judgment of approximately $6,500 against the Pennsylvania State Police (“PSP”) for erroneously denying an individual his right to keep and bear arms, in an issue of first impression that was litigated by Chief Counsel Joshua Prince and Attorney Adam Kraut. We previously blogged about the Commonwealth Court’s decision, when we were successful in securing that initial decision. Thereafter, the PSP appealed to the PA Supreme Court.

Today, seemingly finding that the PSP’s appeal was frivolous and didn’t even warrant time being spent to write a decision, the PA Supreme Court issued the Per Curiam Order simply stating “AND NOW, this 18th day of July, 2018, the order of the Commonwealth Court is hereby AFFIRMED.” As such, we will be filing a motion with the Court for additional attorney fees and costs incurred by Mr. Haron during the PSP’s appeal to the PA Supreme Court. Hopefully, this decision will cause the PSP to reconsider its tactic of denying individuals and forcing them to incur attorney fees and costs in matters, where the individual is not prohibited under the law.

If your rights have been denied during the purchase/transfer of a firearm or have been otherwise violated by the PSP, 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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Firearms Law Seminar – August 4, 2018 at King Shooters Supply!

On August 4, 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.

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PA House Judiciary Committee Set to Vote on (and in Favor of) ANTI-Gun Bills this Week!

As I discussed in Pennsylvania Firearm Rights in the Crosshairs – The Rights That Stand to be Infringed, the Pennsylvania House Judiciary Committee has been considering a number of extremely anti-Second Amendment bills, including a bill providing for extreme risk protection orders. Although Attorney Adam Kraut and I testified before the House Judiciary Committee on the unconstitutionality of these bills, as well as, the other tangential concerns, the House Judiciary Committee is poised this week – on Tuesday, June 19th at 9 AM in the Majority Caucus Room – to vote on these unconstitutional bills that seek to deprive individuals of their rights – rights made inviolate by the Pennsylvania Constitution, pursuant to Article 1, Section 25. More disconcerting, it appears that a number of the members of the Committee plan to vote in favor of these draconian and unconstitutional bills, while refusing to bring up pro-Second Amendment bills that are pending in the Committee, such as SB 5, which has been pending since April 26, 2017! Let me be explicitly clear, these bills are likely to pass, absent your immediate action.

The bills to be considered are: “HB 273 (Donatucci), HB 1400 (Santora), HB 1872 (Dean/D Costa), HB 2060 (M Quinn), HB 2227 (Stephens), HB 2266 (Cruz), HB 2267 (Cruz), HB 2275 (Grove/Briggs), and HB 2463 (Nelson), as well as any other business that may come before the committee.” While HB 2463 is a pro-Second Amendment bill that would remove any prohibition relating to involuntary commitments under Section 302 of the Mental Health and Procedures Act and provide a relief mechanism for those who become prohibited under state or federal law as a result of an involuntary commitment, there are anti-Second Amendment amendments being proposed to it.

A quick synopsis provided by the Committee (i.e. biased in favor of enacting these proposals) of each bill and proposed amendments reveals:

HB 273 (Donatucci) creates a voluntary self-exclusion program by which an individual can agree to be prohibited from purchasing or receiving a firearm for a period of one year, three years, or lifetime.  There is one amendment, A07354, which removes the lifetime self-exclusion option, makes removal from the list automatic upon expiration of the self-exclusion period, and removes a requirement that the PA State Police provide for safekeeping of surrendered firearms.

HB 1400 (Santora) makes two changes relating to background checks for the sale or transfer of firearms.  First, the bill requires so-called “universal background checks” by requiring that private sales of long guns be subject to the same background check requirements that currently apply to sales conducted by a licensed dealer of firearms or a private sale of handguns.  Second, the bill permits a person who possesses a valid license to carry a firearm to utilize a single successful background check to transact multiple firearm sales at the same gun show.  There are no amendments.

HB 1872 (Dean/D Costa) adds bump stocks and similar devices to the list of offensive weapons prohibited under state law.  The bill also provides that the offense will not apply to possession of such a device which was obtained prior to the bill’s effective date and it requires the Attorney General to publish notice in the PA Bulletin describing in detail the change in the law within 10 days of enactment of the bill.  There are no amendments.

HB 2060 (M Quinn) amends the Uniform Firearms Act and the Protection From Abuse Act to amend the process and requirements for relinquishment of firearms following a PFA order or conviction of a misdemeanor crime of domestic violence.  This is the House companion bill to the much-discussed “Senate Bill 501.”  There will be one amendment, which incorporates the wording of SB 501 while correcting drafting errors in that bill and harmonizing certain features of SB 501 with the “extreme risk protection order” process discussed in connection with HB 2227 below.

HB 2227 (Stephens) provides for a new judicial process to temporarily suspend a person’s right to possess or purchase a firearm.  An extreme risk protection order (ERPO) will be a court order prohibiting a person from possessing or obtaining a firearm based upon a finding that the person presents a risk of suicide or of causing death or serious bodily injury to another person.  The process is very similar to the current PFA process, but allows both law enforcement and household members to seek such orders.  An order can last between three months and one year in duration and will automatically expire unless renewed by the court, which renewal requires notice and another hearing.  There will be one amendment, which adds or clarifies numerous procedural protections to the respondent in such a proceeding.  We remain in discussions with interested stakeholders to achieve a consensus.

HB 2266 (Cruz) and HB 2267 (Cruz) together shorten the period in which courts and mental health agencies must send mental health data to the PA State Police from 7 days to 72 hours of adjudicating an individual to be incompetent or involuntarily committing an individual to a mental institution for inpatient treatment.  There are no amendments.

HB 2275 (Grove/Briggs) amends the Crimes Code to rectify a 2011 ruling by the PA Supreme Court which held that the prior conviction offenses that prohibit a person from possessing, transferring, or using a firearm do not include an attempt, conspiracy or solicitation to commit those same crimes.  There is one amendment, A07610, which is technical.

HB 2463 (Nelson) makes three changes related to the firearm rights of those subjected to involuntary mental health treatment.  First, the bill removes the prohibition against firearm possession for those subjected to emergency involuntary mental health treatment.  Second, the bill provides a procedure for any person ineligible to possess a firearm due to a mental health issue to have his right to obtain a firearm reinstated.  Third, the bill requires the PA State Police to send any record relevant to a determination of whether a person is disqualified from possessing a firearm due to an adjudication of incompetency or an involuntary commitment within 72 hours to the National Instant Criminal Background Check System (NICS).  There are two amendments.  The first, A07403, clarifies that persons presently prohibited from possessing a firearm due to a previous involuntary mental health commitment will have to seek a restoration of firearm rights through the new petition process.  The second, A07614, provides that an emergency involuntary mental health commitment will result in a six-month firearm prohibitor that automatically expires at the end of that period.

As such, it is imperative that you contact each member of the House Judiciary Committee and tell them to vote AGAINST HB 273, HB 1400, HB 1872, HB 2060, HB 2227, HB 2266 , HB 2267, HB 2275, and FOR HB 2463, but AGAINST the proposed amendments (A07403 and A07614). If you are a constituent of one of these members, please make sure to let your Representative know that their vote in favor of any of these bills, except for HB 2463, will result in you voting for someone else in November.

As emails can be easily deleted without the recipient reviewing them, I am imploring you to FAX your respectful correspondences to your Representative and House Judiciary Members, and then follow up via phone call to ensure that they all received your correspondence. If you wish to additionally send a copy via email, their respective email addresses are listed below.

The House Judiciary Members are:

  1. Chairman Ron Marsico – (717) 783-2014, Fax: (717) 705-2010 RMarsico@pahousegop.com;
  2. Democratic Chair Joseph Petrarca – (717) 787-5142, Fax: (717) 705-2014 JPetrarc@pahouse.net;
  3. Tarah Toohil – (570) 453-1344, Fax: (570) 459-3946 TToohil@pahousegop.com;
  4. Stephen Bloom – (717) 772-2280, Fax: (717) 705-2012 SBloom@pahousegop.com;
  5. Becky Corbin – (717) 783-2520, Fax: (717) 782-2927 BCorbin@pahousegop.com;
  6. Sheryl Delozier – (717) 783-5282, Fax: (717) 772-9994 SDelozie@pahousegop.com;
  7. Harold English – (717) 260-6407, Fax: (717) 783-5740 HEnglish@pahousegop.com;
  8. Garth Everett – (717) 787-5270, Fax: (717) 772-9958 GEverett@pahousegop.com;
  9. Barry Jozwiak – (717) 772-9940, Fax: (717) 782-2925 BJozwiak@pahousegop.com;
  10. Kate Klunk – (717) 787-4790, Fax: (717) 782-2952 KKlunk@pahousegop.com;
  11. Jerry Knowles – (717) 787-9029, Fax: (717) 782-2908 JKnowles@pahousegop.com;
  12. Tedd Nesbit – (717) 783-6438, Fax: (717) 782-2943 TNesbit@pahousegop.com;
  13. Rick Saccone – (717) 260-6122, Fax: (717) 787-9174 RSaccone@pahousegop.com;
  14. Paul Schemel – (717) 263-1053, Fax: (717) 263-1059 PSchemel@pahousegop.com;
  15. Todd Stephens – (717) 260-6163, Fax: (717) 782-2898 TStephen@pahousegop.com;
  16. Jesse Topper – (717) 787-7076, Fax: (717) 782-2933 JTopper@pahousegop.com;
  17. Martina White – (717) 787-6740, Fax: (717) 782-2929 MWhite@pahousegop.com;
  18. Bryan Barbin – (814) 487-4041, Fax: (814) 487-4043 BBarbin@pahouse.net;
  19. Ryan Bizzarro – (717) 772-2297, Fax: (717) 780-4767 RBizzarro@pahouse.net;
  20. Tim Briggs – (717) 705-7011, Fax: (717) 772-9860  TBriggs@pahouse.net;
  21. Dom Costa – (717) 783-9114, Fax: (717) 780-4761 DCosta@pahouse.net;
  22. Tina Davis – (717) 783-4903, Fax: (717) 783-0682 TDavis@pahouse.net;
  23. Jason Dawkins – (717) 787-1354, Fax: (717) 780-4789 JDawkins@pahouse.net;
  24. Madeleine Dean – (717) 783-7619, Fax: (717) 780-4754 MDean@pahouse.net;
  25. Joanna McClinton – (717) 772-9850, Fax: (717) 783-1516 JMcClinton@pahouse.net;
  26. Dan Miller – (717) 783-1850, Fax: (717) 780-4756 DMiller@pahouse.net;
  27. Gerald Mullery – 570) 636-3500, Fax: (570) 636-3502 GMullery@pahouse.net.

 

If you or someone you know has had their right to Keep and Bear Arms infringed, 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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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.

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