Today, the Superior Court, en banc, heard oral argument in the matter of Commonwealth v. Goslin, 1114 MDA 2015, where Mr. Goslin was previously convicted for merely possessing a lawful pocketknife on school property. As many of our viewers are aware, I was previously successful in having the court vacate its prior decisions and order … Continue reading Oral Argument in Commonwealth v. Goslin – Possession of a Weapon on School Grounds
Tag: Second Amendment
VA Actively Depriving Veterans of Second Amendment Rights
Today, I met with a client who was denied by FBI / PSP because of, as stated on the denial, "Veterans Affairs Administration." Although I've vociferously spoken out against the VA being able to strip individuals' Second Amendment rights, in all honesty, until today, I had not seen a case where a veteran had actually … Continue reading VA Actively Depriving Veterans of Second Amendment Rights
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
US Supreme Court Decision Affects Firearms Rights – Ability to Obtain Relief from Certain DUIs!
On June 23, 2016, the U.S. Supreme Court decided that case of Birchfield v. North Dakota, 14-1468, in which the Court held that while implied consent laws relative to driving under the influence (DUI) may impose civil penalties, it is unconstitutional for them to impose criminal penalties for refusing to consent. Specifically, as the Syllabus … Continue reading US Supreme Court Decision Affects Firearms Rights – Ability to Obtain Relief from Certain DUIs!
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
ATTENTION: The 9th Circuit amends the 2nd Amendment…
The last time I checked, neither state government nor the Courts had any power, real or imagined, to amend the U.S. Constitution. A recent ruling from the 9th Circuit, however, suggests maybe I need to check again. In a decision that confounds common sense, plain reading of the Constitutional text as much as it creates … Continue reading ATTENTION: The 9th Circuit amends the 2nd Amendment…
Haverford Township PD Deletes Facebook Replies Critical of Its Actions in Violation of Posters’ First Amendment Rights
On April 1, 2016, the Haverford Township Police Department deleted Facebook replies critical of their Facebook post from March 31, 2016; thereby, violating all the Facebook responders' First Amendment rights. The issue began on March 31, 2016 at approximately 7:56 PM, when the Haverford Township PD posted to its Facebook account the following: At approximately … Continue reading Haverford Township PD Deletes Facebook Replies Critical of Its Actions in Violation of Posters’ First Amendment Rights
Justice Thomas’ Overlooked Second Amendment Statement
Many in the legal profession focus their Supreme Court decision review based on the areas of law in which they practice or otherwise have an interest in, but sometimes, the best support for a particular legal issue comes not from a case on point but in an opinion or concurrence which most would overlook. Last … Continue reading Justice Thomas’ Overlooked Second Amendment Statement
Commonwealth Court – Circumstantial Evidence of a Commitment is Sufficient to Strip an Individual of His/Her 2nd Amendment Rights
Yesterday, the Commonwealth Court issued a decision in PSP v. Slaughter, 858 C.D. 2015, where the court held that the Pennsylvania State Police ("PSP") can meet its burden, through circumstantial evidence, establishing that an individual is a prohibited from purchasing and possessing firearms due a putative involuntary commitment. While the factual background for this case … Continue reading Commonwealth Court – Circumstantial Evidence of a Commitment is Sufficient to Strip an Individual of His/Her 2nd Amendment Rights
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