Tag Archives: “section 6120”

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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Press Release: Pending Litigation Against Municipalities That Violate Section 6120

As many news agencies are reporting on Firearms Industry Consulting Group (FICG) Chief Counsel Joshua Prince‘s letter to the City of Harrisburg, we believe it is important that everyone be aware of some of the issues being overlooked by the reporting.

As of this release, the reporting has failed to reflect that any such ordinance or regulation by a municipality or county is a violation of Pennsylvania’s Crimes Code, even absent the Act 192 amendments. Pursuant to 18 Pa.C.S. 6119, a violation of Section 6120, our state firearm preemption statute, is a misdemeanor of the first degree. This is the highest level misdemeanor that exists in the Commonwealth. In direct violation of the Crimes Code, Mayor Papenfuse has stated “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,” and Chief Carter said “officers regularly cite violators for reckless discharge of guns in the city and when minors are caught in possession of firearms.” It is unfortunate that our elected officials and law enforcement officers believe it is acceptable, and even gloat, that they are violating the Crimes Code by charging individuals, pursuant to illegal and unlawful ordinances and regulations.

Second, while some claim that such ordinances and regulations are in the best interest of the public, they have failed to show any statistical data that such ordinances and regulations deter/prevent crime or that other state level crimes, enacted by the General Assembly, are insufficient for prosecution. For example, if an individual recklessly discharges a firearm, depending on the circumstances, the individual can be charged with recklessly endangering another person, terroristic threats, aggravated assault and simple assault, all of which have been enacted by the General Assembly, are not prohibited by Section 6120 and carry grading levels of both felonies and misdemeanors. If the ability to charge an individual with a felony is not sufficient to dissuade that individual from committing a crime, clearly a summary offense, the lowest grade criminal charging that exists within the Commonwealth, will be insufficient to deter that criminal.

More importantly, whether it benefits the public is immaterial because the General Assembly has preempted any such regulation, as previously held by the PA Supreme Court and Commonwealth Court. If a municipality or county desires to have the law changed, instead of violating the Crimes Code, it can petition its representatives for such an amendment to the law. Unfortunately, due to municipalities ignoring the dictate of the General Assembly and District Attorneys failing to prosecute those that violate Section 6120, the Legislature was left with no recourse but to enact Act 192.

While we applaud those municipalities and counties that are taking immediate corrective steps to rescind their illegal ordinances and regulations, it is unfortunate that others, such as the City of Harrisburg, City of Philadelphia and City of Pittsburgh, are actively promoting the violation of our Crimes Code. What message does that send to our youth and the public? Is it in the public’s interest to have our youth believe that our elected official are above the law and will not be held accountable? If the concern is truly about the public interest, it is time that our elected officials take responsibility or be held responsible for their actions.

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