Tag Archives: preemption

South Heidelberg Township To Require Firearm Renters To Do What?!?!

Over the weekend, it was reported by Reporter Keith Dmochowski of the Reading Eagle that during the South Heidelberg Township Board of Supervisors meeting on Thursday, August 10th, the Board of Supervisors agreed to require C.P. Tactical Solutions Inc. to enter into “a written agreement requiring background checks for gun rentals.” The article goes on to declare:

Solicitor Michael Gombar said that holding C.P. Tactical Solutions Inc. to a signed pledge will ensure that firearms are rented responsibly, despite the fact that background screenings for firearm rentals are not mandated by the township.

More interestingly, Solicitor Gombar further stated, in relation to a question as to why the Township hasn’t enacted an ordinance requiring such background checks of all firearm businesses, that

[t]he concern with putting anything into law is not necessarily that this company will not abide by it, but that the NRA and other gun-rights lobbies make it their point to find municipalities that are setting regulations, and fight them.

Nevertheless, Solicitor Gombar went on to declare that:

the terms of the agreement would allow police and code officers to perform random checks as a safeguard against potential violations…[and] that legal action would be pursued if the shop fails to provide background checks after signing the agreement. (emphasis added).

As a result, Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., filed a letter on behalf of its client, Firearm Owners Against Crime (FOAC), advising that any such agreement would result in felony and misdemeanor violations under the law and that FOAC was considering legal action, if the Township proceeded with the agreement. It appears that Solicitor Gombar and the elected Township Officials have failed to review federal and state law, both of which preclude the use of the background checks system (NICS and PICS, respectively), except in relation to the sale or transfer of ownership of a firearm. As an onsite firearm rental does not constitute a sale or transfer of a firearm, any use of NICS or PICS would be abusive and result in violations of federal and state law. They also appear unaware of the confidentiality provisions of Pennsylvania law, which also provide for civil liability, where confidentiality is breached.

If you or someone you know has been the victim of an unlawful municipal firearm or ammunition regulation or ordinance, 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.

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Strattanville Borough Declines To Move Forward With Firearm Discharge Ordinance

As our viewers are aware, we previously blogged about Strattanville Borough’s proposal to enact a firearm discharge ordinance, which resulted in Firearm Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., submitting a letter written in opposition on behalf of Firearm Owners Against Crime (FOAC) by Chief Counsel Joshua Prince.

Last night, Strattanville Borough voted, 5-2, not to move forward with the firearm discharge ordinance due to the legal ramifications and FOAC preparedness to institute legal proceedings against the Borough, if it moved forward with any form of firearm or ammunition regulation.

Please join us in congratulating FICG and FOAC in this accomplishment!

If you or someone you know has been the victim of an unlawful municipal firearm or ammunition regulation or ordinance, 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.

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FICG On Behalf of FOAC Files Letter In Response To Strattanville Borough’s Proposed Illegal Firearm Ordinance

Yesterday, it was reported by Reporter Scott Shindledecker of ExploreClarion.com that Strattanville Borough was considering enacting an ordinance prohibiting the discharge of firearms in the borough.

Borough Solicitor Ralph L.S. Montana was quoted as saying that he has his work cut out for him because “[t]here aren’t too many places in Pennsylvania that have firearms ordinances.” Maybe that is due to the fact that municipal firearm and ammunition regulation is unlawful pursuant to Article 1, Section 21 of the Pennsylvania Constitution, as affirmed by the PA Supreme Court in Ortiz v. Commonwealth, and our state preemption statute found in 18 Pa.C.S. § 6120.

Although Solicitor Montana was unwilling to share a copy of his proposed ordinance before submitting it to the Borough Council on Wednesday, August 9th at 7 PM, he did mention that he found Rose Valley Borough’s [unlawful] ordinance, which this ordinance would be based upon.

As a result, Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., on behalf of its client, Firearm Owners Against Crime (FOAC), filed a letter in opposition to the proposal; wherein, Chief Counsel Joshua Prince explains the constitutional and statutory protections and case law precluding such regulation. In the event Strattanville Borough moves forward with the proposal, FOAC is prepared to file a legal challenge against the Borough and request the District Attorney to file criminal charges for violations of Section 6120.

If you or someone you know has been the victim of an unlawful municipal firearm or ammunition regulation or ordinance, 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.

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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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Firearm Preemption Passes Senate With Veto-Proof Vote

Yesterday, the Pennsylvania Senate passed Senate Bill 5 with a vote of 34 to 16, which is a 2/3rds majority veto-proof vote; however, the vote could have been even stronger if three republicans – Senators Greenleaf, Killion and McGarrigle – had not voted against it. 

At the last minute, there were five amendments proposed to Senate Bill 5 of which only one passed. That one provides that the Attorney General shall provide, within 30 days of enactment, notice of the new law to every municipality. Furthermore, the sections of Senate Bill 5 that provide for preemption and enforcement would not be effective for 60 days. What appears lost in relation to this amendment is the fact that firearm preemption has existed since 1979 and it has been a misdemeanor of the 1st degree. Furthermore, there appears to be some thought that unlike us mere peasants, who do not receive personal notification of new laws that are enacted, that municipalities are of a privileged class that deserve personal notification of the fact that their existing ordinances and regulations are in violation of the law.

While Senate Bill 5 is not perfect for other additional issues that I flagged for those capable of resolving them, it is definitely a step in the right direction.

Senate Bill 5 now moves to the House of Representatives for a vote.

There are three things that must be done:

  1. If you are a constituent of Senator Boscola, please contact her and let her know that you appreciate her vote in favor of holding municipalities accountable.
  2. If you are a constituent of Senators Senators Greenleaf, Killion or McGarrigle, please let them know that their vote against holding municipalities accountable will have consequences in their next election.
  3. Please contact your House Representative member and ask them to vote in favor of SB 5.

Together, we can ensure that municipalities stop violating the law and are held accountable.

If your rights have been violated by an illegal firearm ordinance or regulation, contact Firearms Industry Consulting Group, a division of Civil Rights Defense Firm, P.C., to discuss your legal rights.


Firearms Industry Consulting Group® (FICG®) is a registered trademarkand 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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Firearm and Ammunition Preemption Needs YOUR Immediate Support!

Today, in an 8-3 vote, the Senate Local Government Committee passed an extremely important firearm and ammunition preemption bill – Senate Bill 5 – which in addition to reaffirming/strengthening preemption would also provide for attorney fees and costs, where a local government violates the preemption statute.  Senate Bill 5 will now go to the Senate floor for consideration.

We can pass preemption with a veto proof majority, but we need YOUR help! Please contact your state Senator and urge them to support Senate Bill 5!  Please take the time to email, fax or call your Senator and do not use form letters/requests, as they are generally ignored. Our Representatives know when an issue is so important to you that you take the time to personally and respectfully contact them.

Together, we can ensure that our rights under Article 1, Section 21 are not questioned!

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Lower Merion Township Petitions for Allowance to Appeal in Firearm Preemption Case

As our readers are aware, on December 16, 2016, 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 in township parks was unlawful.

On Friday, January 13, 2017, Lower Merion Township filed a Petition for Allowance of Appeal with the Pennsylvania Supreme Court, which was docketed at 36 MAL 2017. Thereafter, on Tuesday, January 17, 2017, the City of Philadelphia and City of Harrisburg filed amicus curiae briefs with the Court, asking it to grant Lower Merion Township’s request and overturn the Commonwealth Court’s decision. Later today, we will file our Answer in opposition to Lower Merion’s request.

Generally, once our Answer is filed, it will take the PA Supreme Court between 6 to 8 months, if not more, to decide whether to hear Lower Merion’s appeal and if it grants Lower Merion’s appeal, what legal issues it agrees to consider.

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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