President Trump and Vice President Pence to Lose Second Amendment Rights

Yesterday, President Trump stated that "[i]t takes so long to go to court to get the due process procedures, I like taking the guns early. Take the guns first, go through due process second" seemingly without consideration for what he was proposing or the impact on his and Vice President Pence's Second Amendment rights. What … Continue reading President Trump and Vice President Pence to Lose Second Amendment Rights

Major Pennsylvania Firearm Law Cases from 2017

As the year is coming to a close, I thought it important to document some of the monumental court decisions and issues that Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., was involved in or obtained in 2017. Franklin v. Sessions, et al. - in a monumental federal case of … Continue reading Major Pennsylvania Firearm Law Cases from 2017

MONUMENTAL DECISION – Federal Court Rules a Pennsylvania 302 Mental Health Commitment Insufficient to Trigger a Disability under Section 922(g)(4)

We are extremely proud to announce that today Attorney Joshua Prince was successful in having Federal District Court Judge Kim Gibson of the Western District of Pennsylvania rule that an involuntary commitment under Section 302 of Pennsylvania's Mental Health and Procedures Act ("MHPA") is insufficient to trigger a federal firearms and ammunition disability under 18 … Continue reading MONUMENTAL DECISION – Federal Court Rules a Pennsylvania 302 Mental Health Commitment Insufficient to Trigger a Disability under Section 922(g)(4)

PRESS RELEASE: Monumental Mental Health Second Amendment As-Applied Challenge Success

We are extremely proud to announce that Attorney Joshua Prince was successful in a second Second Amendment as-applied challenge in relation to a prior mental health commitment. As our viewers are likely aware from Attorney Prince’s blog article Monumental Decision from the Middle District Court of Pennsylvania Regarding Mental Health Commitments and the Second Amendment, … Continue reading PRESS RELEASE: Monumental Mental Health Second Amendment As-Applied Challenge Success

Devastating Decision Regarding Mental Health Commitment Challenges and Firearms Rights

Late last week, the Pennsylvania Supreme Court issued its decision in In re: Nancy White Vencil, 90 MAP 2015, which overturned the Pennsylvania Superior Court's learned decision finding that a challenge, pursuant to 18 Pa.C.S. § 6111(g)(2), to the sufficiency of an involuntary commitment was to be de novo, supported by clear and convincing evidence, where … Continue reading Devastating Decision Regarding Mental Health Commitment Challenges and Firearms Rights

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, … Continue reading U.S. Government to Withdraw Appeal in Second Amendment As-Applied Challenge Relating to a Mental Health Commitment

Social Security Administration Publishes Final Rule Relating to NICS Improvement Amendments Act of 2007

It has been well reported that the Social Security Administration ("SSA") had been passing along information of individuals that it deemed unable to handle their financial affairs to NICS for the purposes of preventing them from purchasing a firearm due to being "adjudicated as a mental defective." In May of this year, the SSA published … Continue reading Social Security Administration Publishes Final Rule Relating to NICS Improvement Amendments Act of 2007

Press Release: Second Mental Health As-Applied Challenge Success

We are extremely proud to announce that Chief Counsel Joshua Prince was successful in a second Second Amendment as-applied challenge in relation to a prior mental health commitment. As our viewers are likely aware from Attorney Prince's blog article Monumental Decision from the Middle District Court of Pennsylvania Regarding Mental Health Commitments and the Second … Continue reading Press Release: Second Mental Health As-Applied Challenge Success

6th Circuit Acknowledges Second Amendment As-Applied Challenges To Mental Health Commitments

As our readers are aware, in July, I was successful in arguing in Keyes, et al. v. Lynch, et al., before the Middle District of Pennsylvania that a life long prohibition on an individual as a result of a single, isolated mental health commitment violated his Second Amendment rights, as-applied to him. Today, the 6th … Continue reading 6th Circuit Acknowledges Second Amendment As-Applied Challenges To Mental Health Commitments

Monumental Decision from the Middle District Court of Pennsylvania Regarding Mental Health Commitments and the Second Amendment

Today, Judge John E. Jones, III. of the United States District Court for the Middle District of Pennsylvania held in Keyes, et al. v. Loretta Lynch, et al. that an individual, who was involuntarily committed on a single-isolated occasion, can successfully challenge a prohibition under 18 U.S.C. § 922(g)(4). In this case, both Mr. Keyes … Continue reading Monumental Decision from the Middle District Court of Pennsylvania Regarding Mental Health Commitments and the Second Amendment