Tag Archives: “section 6120”

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 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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Another Amici Curiae Brief Filed Against the City of Harrisburg!

Today, another Amici Curiae brief was submitted in the matter of City of Harrisburg, et al., v. U.S. Law Shield of Pennsylvania, LLC, et al., 449 C.D. 2015 by the Allegheny County Sportsmen’s League, American Gun Owners Alliance, Firearm Owners Against Crime, Gun Owners of America/Gun Owners Foundation, Lehigh Valley Tea Party, Pennsylvania Federation of Sportsmen’s Clubs, Pennsylvanians For Self Protection, Pennsylvania State Fish & Game Protective Association, and Unified Sportsmen of Pennsylvania.

Attorney Jim Smith of the Smith Law Group, LLC filed the brief on behalf of the Amici. You can obtain a copy here.

The Amici, in addition to incorporating the arguments of the Amici Curiae Members of the General Assembly, also raise arguments relating to 1. field preemption for discharge; 2. a violation of 18 Pa.C.S. 6120 being a criminal act, which constitutes official oppression; and 3. that the City should be barred under the Unclean Hands doctrine.

I would like to thank those organizations and Attorney James Smith for standing strong and in steadfast devotion to the protection of Article 1, Section 21 of the Pennsylvania Constitution and the Second Amendment to the U.S. Constitution with the Amici Curiae Members of the General Assembly. Together, we will ensure that the Right to Keep and Bear Arms will not be infringed and that the City of Harrisburg will be held accountable for its unlawful and illegal actions.

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Lower Merion Township’s Preliminary Objections in Relation to its Unlawful Firearm Ordinance are DENIED

Today, the Honorable Steven Tolliver of the Montgomery County Court of Common Pleas issued a decision and order denying Lower Merion Township’s Preliminary Objections requesting that the complaint filed by Firearm Owners Against Crime (FOAC) and other plaintiffs be dismissed.

In so ruling, Judge Tolliver not only found that the individual plaintiffs sufficiently averred standing to challenge Lower Merion Township’s Ordinance 109-16 (regulating firearms in township parks) but also found that FOAC had established standing on behalf of its members. Judge Tolliver also found that Plaintiffs had sufficiently averred a right to relief.

Lower Merion Township now has 20 days to file an Answer to the Complaint and the action will proceed thereafter. Also, a hearing on Plaintiffs’ Motion for a Preliminary Injunction is scheduled for August 24th.

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Lower Merion Township’s Request for Stay is DENIED.

Today, the Honorable Bernard Moore of the Montgomery County Court of Common Pleas denied Lower Merion Township’s request for stay pending the outcome of Leach v. Commonwealth, 585 MD 2014. A copy of the Order is available here. Accordingly, the matter will move forward and Plaintiffs expect that a hearing on their Preliminary Injunction will be held within the next couple weeks.

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PRESS RELEASE: Lawsuit Filed Against Lower Merion Township Regarding Its Illegal Firearm Ordinance

Today, Firearms Industry Consulting Group, a division of Prince Law Offices, P.C., filed an 24 page Complaint, plus exhibits, against Lower Merion Township on behalf of Firearm Owners Against Crime (FOAC) and two individual plaintiffs regarding the Township’s illegal and unconstitutional firearm ordinance – Section 109-16. In the Complaint, Chief Counsel Joshua Prince argues that the Township’s ordinance violates 18 Pa.C.S. § 6120 and Article 1, Section 21 of the Pennsylvania Constitution, for which even Township Manager McNelly admitted and which is included as an exhibit.

Although the Township was provided an opportunity to repeal its illegal ordinance, in direct defiance of the state crime of Official Oppression, as well as, Section 6120, the Commissioners, contrary to the advice of their solicitor, refused to repeal or amend Section 109-16.

It is unfortunate that Township’s taxpayers will be burdened by the Township’s elected officials believing it is acceptable, and even gloating, that they are violating the Crimes Code and refusing to repeal such illegal provisions.

As it is a misdemeanor of the first degree to violate Section 6120, pursuant to 18 Pa.C.S. § 6119, we call upon Montgomery County District Attorney Risa Ferman, who is currently running for judge in Montgomery County, to bring charges against the Township and its representatives for their violations of the Crimes Code, including conspiracy, official oppression, and Section 6120. It is time that our elected officials be held accountable for their actions.

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PRESS RELEASE: Lawsuit Filed Against City of Harrisburg Regarding Its Illegal Firearm and Ammunition Ordinances

Today, Firearms Industry Consulting Group, a division of Prince Law Offices, P.C., filed an 87 page Complaint, plus exhibits, against the City of Harrisburg, Mayor Papenfuse and Police Chief Carter on behalf of Firearm Owners Against Crime (FOAC) and four individual plaintiffs regarding the City’s illegal and unconstitutional firearm and ammunition ordinances, regulations and policies, including:  3-345.1 – Possession of firearms by minors, 3-345.2 – Discharging weapons or firearms, 3-345.4 – Lost and stolen firearms, 3-355.2 – Emergency measures, and 10-301.13 – Hunting, firearms and fishing. It is docket no. 2015-CV-354-EQ. Unlike the previous complaint that was filed only pursuant to 18 Pa.C.S. § 6120, in this suit, Chief Counsel Joshua Prince argues that the City’s ordinances are violative of 18 Pa.C.S. § 6120, Article 1, Section 21 of the Pennsylvania Constitution, and the Second Amendment to the U.S. Constitution. Accordingly, it is also brought pursuant to 42 U.S.C. § 1983 for deprivation of civil liberties under color of law.

Although the City was provided an opportunity to repeal its illegal ordinances, in direct defiance of the state crime of Official Oppression, as well as, Section 6120, Mayor Papenfuse declared to Penn Live reporter Christine Vendel: “The city’s not going to repeal its ordinances, because our police department feels that they are in the public interest, and I do too.” Further, Police Chief Carter declared that: “officers regularly cite violators for reckless discharge of guns in the city and when minors are caught in possession of firearms.”

Mayor Papenfuse appears to be unaware that the Commonwealth Court in Dillon v. City of Erie, 83 A.3d 467, 473 (Pa. Cmwlth. 2014), already ruled that the City of Erie’s ordinance prohibiting possession of firearms in parks, which is identical to 10-301.13, was unconstitutional and in violation of Section 6120. Further, in Clarke v. House of Representatives, 957 A.2d 361 (Pa. Cmwlth. Ct. 2008), the Commonwealth Court held that the City of Philadelphia’s lost and stolen ordinance was in violation or Article 1, Section 21 and Section 6120.

It is unfortunate that City’s taxpayers will be burdened by the City’s elected officials and law enforcement officers believing it is acceptable, and even gloating, that they are violating the Crimes Code by charging individuals, pursuant to illegal and unlawful ordinances, regulations and policies and refusing to repeal such illegal provisions.

As it is a misdemeanor of the first degree to violate Section 6120, pursuant to 18 Pa.C.S. § 6119, we call upon Dauphin County District Attorney Ed Marsico to bring charges against the City and its representatives for their violations of the Crimes Code, including conspiracy, solicitation, aiding and abetting, official oppression, and Section 6120. It is time that our elected officials be held accountable for their actions.

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