Tag Archives: Superior Court

District Attorney Stedman Issues Firearm Preemption Letter

Today, I obtained a copy of a letter that Lancaster County District Attorney Craig Stedman issued regarding unlawful ordinances in violation of Pennsylvania’s preemption statute, which was sent to all the police departments in Lancaster County, as a result of my recent success in Firearm Owners Against Crime (FOAC) v. Lower Merion Township.

As our viewers are aware, 18 Pa.C.S. § 6120 provides, inter alia,

No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.

The case law, including from the Pennsylvania Supreme Court, has been “crystal clear” than only the General Assembly can regulate firearms and ammunition, as the entire field is preempted. See, Nat’l Rifle Ass’n v. City of Philadelphia, 977 A.2d 78, 82 (Pa. Cmwlth. 2009). In FOAC v. Lower Merion Township, the Commonwealth Court held that, inter alia, the township’s discharge ordinance was unlawful due to state preemption. See, FOAC v. Lower Merion Township, 151 A.3d 1172 (Pa. Cmwlth. Ct. 2016) (petition for allocatur denied July 11, 2017 ).

As a result, District Attorney Stedman issued a letter to all Lancaster County police departments reminding them than any local ordinances regulating firearms and ammunition are unlawful. Specifically, he unequivocally stated:

The Pennsylvania Commonwealth Court held, appropriately, that any such county, municipal, or township ordinance designed to regulate firearms is specifically preempted by the Pennsylvania Constitution and 18 § 6120 of the Uniform Firearms Act. (emphasis added)

And that

the Pennsylvania Supreme Court has clearly denied all municipalities the power to regulate firearms and the Uniform Firearms Act prohibits a township from regulation concerning the ownership, possession, transfer or transportation of firearms or ammunition “in any manner”, to include ordinances on parks. (emphasis added).

Because of District Attorney Stedman’s prior commitment and dedication to the Second Amendment and Article 1, Section 21, I previously endorsed him for Judge of the Superior Court and this letter has only solidified in my mind that my prior endorsement was proper.

As such, I am respectfully asking that you vote for him in November to ensure that our inalienable rights are protected.

To learn more about Craig Stedman for Superior Court, check out his website and Facebook page. Obviously, if you are in a financial position to be able to donate to his campaign, I am sure he would greatly appreciate support!

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 Firearms Industry Consulting Group today to discuss YOUR rights and legal 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.

Advertisements

6 Comments

Filed under Firearms Law, Pennsylvania Firearms Law

Endorsement – Craig Stedman for Superior Court Judge

Today, I am formally announcing my endorsement of Lancaster County District Attorney Craig Stedman for the Pennsylvania Superior Court. While some may be surprised with my endorsement of District Attorney Stedman – as I have been critical of him in relation to two specific matters – candidate Stedman provided me the unique opportunity to speak with him extensively about his positions and those matters, where I learned that my original criticism was misplaced, based upon a misunderstanding of his awareness of the situation, and which has resulted in me truly believing that he would be a phenomenal addition to the Superior Court.

In a conversation that lasted over an hour, we discussed everything from how his Office handles prosecutions of individuals who putatively make false statements on the ATF 4473 forms to preemption violations to self-defense claims and his ardent support for the Second Amendment and Article 1, Section 21. In relation to the one matter where I previously criticized him, I learned that he was not aware of the prosecution and as soon as he became aware, he immediately and personally reviewed all the evidence, sat down with Assistant District Attorneys in his Office that were involved and explained to them how it would be a manifest injustice for the prosecution to continue. As a result, he directed that the charges be immediately dismissed.

We also discussed numerous cases and decisions that he made, which clearly reflect his steadfast devotion to the Second Amendment and Article 1, Section 21. In this vein, I was genuinely surprised to leave our conversation with one overarching feeling – he sincerely cares about the Right to Keep and Bear Arms. I cannot honestly state the last time, in speaking with an appellate judicial candidate, that I left with anywhere close to that feeling.

While many of you are aware that I do not take the endorsement of candidates – especially judicial candidates – lightly, as I truly believe that District Attorney Stedman respects and will continue to honor the Second Amendment, as well as, our other constitutional rights, I am proud to endorse him for the Superior Court. As it is imperative that we only elect judges that respect the Constitution, which I wholeheartedly believe District Attorney Stedman does, I am respectfully asking that you vote for him in November. Together, we can ensure that our inalienable rights are protected.

To learn more about Craig Stedman for Superior Court, check out his website and Facebook page. Obviously, if you are in a financial position to be able to donate to his campaign, I am sure he would greatly appreciate support!

3 Comments

Filed under Firearms Law, News & Events, Pennsylvania Firearms Law