Tag Archives: Lower Merion

PA Supreme Court Denies Lower Merion Township’s Petition for Allocatur Involving Its Illegal Firearm Regulations

As our viewers are aware from my prior article on January 27, 2017, after the 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 and discharge in township parks was unlawful, Lower Merion Township filed a Petition for Allowance of Appeal with the Pennsylvania Supreme Court, which was docketed at 36 MAL 2017.

Today, the PA Supreme Court denied Lower Merion’s Petition for Allowance, therefore making final the Commonwealth Court’s decision in FOAC, et al. v. Lower Merion Township.

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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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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Filed under Firearms Law, Pennsylvania Firearms Law