Tag Archives: PFA

EXTREMELY CRITICAL ALERT: Gun Control Tidal Wave About to Wreak Havoc on Pennsylvania Gun Owners

Guest Author Kim Stolfer of Firearm Owners Against Crime

The gun control insanity that has gripped much of our nation has finally raised its’ ugly head here in PA. Next week (9/24-9/25) the Pennsylvania House of Representatives, spurred on by Speaker of the House Rep. Turzai, is slated to consider two bills that were tabled in June – HB 2060 & HB 2227.

These are both an affront to our Constitution at the state and federal level. What’s worse is that Republican Leadership KNOWS this just as they know both expand the power of government at the expense of the Due Process rights of the accused with HB 2227 creating an entirely ‘new’ section of law involving suspension of ‘Due Process’.

Over the summer, FOAC has worked diligently to examine both bills with some great attorneys and have attempted to convey this to other groups, gun owners and PA House members. On Thursday (the 20th of Sept.) we were told that a September Surprise (meaning gun owners were being stabbed in the back) was coming and that both HB 2060 & HB 2227 would see floor action on Sept. 24th & 25th respectively.

We have done EVERYTHING we can to stop this freight train but are told that UNLESS YOU (gun owners) speak out and DEMAND leadership pull these bills they WILL PASS. We as a group (gun owners) have been silent TOO DAMN LONG!! NOW we are faced with House Leadership and SE Republicans and a ‘Host’ of anti-gun Democrats who think they can ignore citizens’ rights along with the reality of all the major gun groups rallying around these two gun bills that will severely damage the short and long term rights of all citizens to be treated fairly in the halls of justice.

Below are just a FEW examples of the Flaws and Traps in these bills:
1. IF a PFA is issued on you and you don’t turn in ALL your firearms, other weapons ‘and’ ammunition within 24 hours you will go directly to jail for 6 months (HB 2060)
2. Completely ELIMINATES your ability to go to court and use the 3rd Party process to ‘legally’ surrender your firearms to a ‘friend or family’ member to keep them for you until the PFA is terminated (HB 2060)
3. Forces you to pay a storage fee on EACH gun kept at a gun dealer or ‘commercial armory’ for up to FIVE years (HB 2060)
4. Buy a gun, get reported and have your gun seized without ‘due process’ THEN to challenge this you MUST spend thousands of dollars on an attorney to go to court and ‘prove’ your innocence (HB 2227)
5. Lose your rights by being reported by even decades old acquaintances and your property seized ‘without due process’ and forced to spend thousands of dollars on an attorney to go to court and ‘prove’ your innocence (HB 2227)

See also Attorneys Joshua Prince and Adam Kraut’s Testimony before the House Judiciary Committee on these issues, as well!

The Talking Points on this legislation can be found below:
HB 2227 – https://foac-pac.org/uploads/talking_points/A-HB-2227-Extreme_Risk_Protection_Orders-FOAC-Review.pdf
HB 2060 – https://foac-pac.org/uploads/talking_points/A-HB-2060_pn3820-FOAC_Language_Problems-Final.pdf

I am going to close with the fact that this legislation is an Existential Threat to our rights and is a TURNING POINT for the Right to Keep and Bear Arms. We NEED and MUST HAVE your calls, e-mails and ‘presence’ in Harrisburg on Monday and Tuesday!

The straight forward message YOU MUST TELL PA HOUSE MEMBERS is to OPPOSE both bills! No Compromise, no Deals, no Amending either one as their core structure is irredeemably flawed.

Go HERE to find the contact information for EVERY PA HOUSE MEMBER: https://foac-pac.org/PA-Legislator-Info and to find House Committee members you can go here: https://foac-pac.org/PA-House-Committees – we’ve given you the tools so now this is a no ‘excuses’ moment! The apathy of gun owners has put ALL OF US in this predicament and we are now faced with a put up or shut up moment! We have done all we can to stop these bills and NOW it is up to you!!

Yours in Freedom,
Kim Stolfer, President
FOAC

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Filed under Firearms Law, Pennsylvania Firearms Law

Cambria County to Return 306 Guns to Resident at NO Cost , After Final PFA Dismissed and Temporary PFA Vacated

As some of our viewers are aware, in March of this year, a Cambria County man and collector of firearms had 306 of his firearms confiscated by the Cambria County Sheriff as a result of a temporary Protection for Abuse Act (PFA) Order. (His name is not being disclosed due to the nature of the issues).

Pursuant to 23 Pa.C.S. 6107(b), which addresses temporary PFAs, an individual can be deprived of his/her right to keep and bear arms, without opportunity to be heard, as occurred in this matter. Where a temporary PFA is issued, pursuant to 23 Pa.C.S. 6107(a), a hearing must be held within 10 days where all parties have an opportunity to be heard. During that hearing, the Honorable Judge F. Joseph Leahey not only denied the final PFA but also vacated the temporary PFA, finding that there was no basis in the law for the issuance of the temporary PFA. Unfortunately, the Cambria County Sheriff’s department expended over $1200 in the confiscation of the Cambria man’s firearms, the cost of which was assessed against the gun owner.

At that point, I was retained to request reconsideration of that aspect of the Order on several grounds: First, 23 Pa.C.S. 6108.1(a) precludes the assessment of costs relating to the return of firearms in PFA matters; Second, 18 Pa.C.S. 6111.1(b)(4) requires return of all firearms in the possession of a law enforcement agency to the lawful owner, provided the lawful owner is not prohibited from possessing and purchasing firearms and ammunition; Third, pursuant to Article 1, Sections 1 and 9 of the Pennsylvania Constitution and the 14th Amendment of the U.S. Constitution, he was denied all forms of due process; Fourth, pursuant to Article 1, Section 21 and the Second Amendment to the U.S. Constitution, he was denied his right to keep and bear arms; and Fifth, that pursuant to the 5th and 14th Amendments to the U.S. Constitution, the assessment of costs would constitute a taking in this context. Additionally, I requested that all firearms be returned to the location of confiscation (e.g. my client’s home).

On April 24th, Judge Leahey graciously granted an emergency oral request for reconsideration of his Order, as the appeal deadline was about to run. After filing a written motion for reconsideration explaining the above issues, on May 18, 2015, the Honorable F. Joseph Leahey issued a new Order vacating the assessment of costs against my client and now assessing the costs for confiscation against the County. Further, he directed the Sheriff to return all the firearms to my client at the location of confiscation.

It bears noting that Cambria Sheriff Bob Kolar never opposed the motion for reconsideration (or, to my knowledge, ever asked the court to impose the costs against my client) and was quoted as saying “I had a court order and I was complying with that order.” Further, it is my understanding that Judge Leahey was unaware of the prohibition on the assessment of costs related to the confiscation and return of firearms in PFA matters and simply followed policy in initially assessing the costs.  As soon as he was made aware of the issue, he was genuinely concerned and was extremely amenable to reconsidering his Order. Both of these men deserve our appreciation for their dedication in upholding the law.

If you or someone you know has a PFA issued against them or need assistance in seeking return of your firearms, please do not hesitate to contact us – 888-313-0416 or info@princelaw.com – to discuss your rights!

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Filed under Firearms Law