YEAR IN REVIEW: MAJOR PENNSYLVANIA AND FEDERAL FIREARMS LAW CASES OF 2023

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Because the yr is coming to an in depth, we thought it necessary to doc among the monumental court docket choices and points that Firearms Trade Consulting Group® (FICG®), a division of Civil Rights Protection Agency, P.C., or others had been concerned in or obtained in 2023.

Williams v. Garland, et al., 19-CV-2641 – we succeeded in an as-applied problem, acquiring a judgment that it was unconstitutional to strip Mr. Williams’ 2nd modification rights on the premise of a DUI conviction. We anticipate the federal government to enchantment this case to the Third Circuit, so keep tuned.

Knife Rights, Inc., et al, v. Metropolis of Philadelphia, et al, 2:23-cv-1758 – A district court docket granted a problem searching for to throw out a Philadelphia ordinance forbidding the carrying of “chopping weapons,” together with widespread pocket knives, on public streets.

The Matter of Mark McCloy – Certiorari was granted by the Maryland Supreme Court docket to listen to an enchantment in a case arising from Maryland State Police’s improper denial of a Handgun Qualification License.

John Doe 1, et al., v. Franklin County, et al, 2014-cv-4623 – we reached a $3,000,000 settlement for the category members in a category motion in opposition to Franklin County for improper disclosure of license to hold firearms data.

Firearm House owners Towards Crime, et al., v. Decrease Marion Township – we filed go well with to problem an unconstitutional zoning ordinance that might make it not possible to function an FFL in Decrease Marion Township.

Grant Schmidt, et al., v. Christopher Paris – we filed go well with in opposition to the Pennsylvania State Police to enjoin the enforcement of an unconstitutional regulation authorizing warrantless searches of License to Promote Firearms holders, and obtained a short lived injunction at some point of the proceedings.

So what can we anticipate for the brand new yr?

A call from the PA Supreme Court docket in Barris v. Stroud Township, the place we submitted an Amicus Transient on behalf of Allegheny County Sportsmen’s League, Beaver County Conservation League, Firearms House owners Towards Crime – Institute for Authorized, Legislative, and Academic Motion, Unified Sportsmen of PA, and USCCA Authorized Protection Basis. This matter entails “Whether or not an ordinance that limits goal capturing to 2 non-residential zoning districts, and thus doesn’t present for capturing ranges in any respect non-public residences, is facially unconstitutional beneath the Second Modification to the US Structure.”

A call from the PA Supreme Court docket in Crawford, et al. v. Commonwealth, et al, the place we submitted an Amicus on behalf of Allegheny County Sportsmen’s League and Firearms House owners Towards Crime – Institute for Authorized, Legislative, and Academic Motion. This matter entails a problem by the Metropolis of Philadelphia to constitutionality of our state firearm preemption statute and its competition that it violates “the Pennsylvania Structure’s assure of all Pennsylvanians’ proper to ‘get pleasure from[] and defend[] life and liberty’ in Article I, Part 1 by prohibiting the enactment of native firearm ordinances?” (Sure, that’s the precise language, together with the precise to defend one’s self, from their query introduced….you merely can not make these things up!)

An enchantment from the judgment of the District Court docket in Williams v. Garland.

A call by the Maryland Supreme Court docket in The Matter of Mark McCloy.

Additional authorized challenges to non-violent firearms prohibitions based mostly on the holding in Vary v. Legal professional Basic.

A Supreme Court docket ruling in Rahimi v. United States, which can constitutionally invalidate firearms prohibitions ensuing from protecting court docket orders.

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Should you or somebody you recognize has had their proper to maintain and bear arms infringed, contact Firearms Trade Consulting Group in the present day to debate YOUR rights and authorized choices.

Firearms Trade Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Protection Agency, P.C., with rights and permissions granted to Prince Legislation Workplaces, P.C. to make use of on this article.

Revealed by Joshua Prince, Esq.

With our 2nd Modification rights being attacked at each the Federal and State degree, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) making an attempt to shut down FFLs (Federal Firearms Licensees) for minor infractions whereas making FFLs the scapegoat when the ATF’s data are inaccurate, I wish to take this chance to introduce myself. I’m certainly one of solely a handful of attorneys throughout the US that practices within the area of interest space of regulation often called firearms regulation. I made a decision to pay attention my authorized apply on firearms regulation not solely as a result of I’m a shooter and firearms fanatic, but additionally to make sure that our inalienable Proper to Preserve and Bear Arms is rarely encroached upon.

I deal with circumstances on the Federal and State degree for each FFLs and people. On the federal and state ranges for people, I actively defend the 2nd Modification of the US Structure and Part 21 of the PA Structure, in addition to, assist people with:

– License to Carry Firearms Denials;
– Challenges to Inaccurate PICS Denials;
– Aid from Firearms Disabilities;
– Property Planning Recommendation;
– Gun/NFA Trusts; and
– 42 USC 1983 Actions for Deprivation of Civil Rights

At each the state and federal ranges, I signify FFLs and SOTs all through Pennsylvania and the US concerning:

– ATF Compliance Inspections;
– Warning Letters and Hearings;
– FFL Revocations;
– Company Construction Recommendation
– Indoor/Out of doors Vary Implementation; and
– Forfeiture Proceedings

In following my love for firearms and firearms regulation, I’ve taught a number of Persevering with Authorized Schooling (CLE) seminars on Firearms in Estates and Trusts and Firearms Legislation 101 for a number of Bar Associations, together with Berks, Cumberland, and Dauphin Counties. I additionally deliberate and taught a number of Firearms in Estates CLE lessons for the Pennsylvania Bar Institute (PBI).

Whereas at Widener Legislation College, I used to be a member of the Widener Legislation Journal. I wrote an article on the Inaccuracy of the Nationwide Firearms Registration and Switch File (NFRTR). I additionally had an article revealed on Price Disputes in Staff Compensation circumstances within the Widener Legislation Journal, Quantity 18, No. 2.

You may usually discover me posting on a number of web boards, together with Subguns, Uzitalk, AR15, and PAFOA. I additionally maintain PA Firearms Legislation lessons for native ranges to tell the general public on the firearm legal guidelines of the Commonwealth.

Following in my father’s footsteps, I’m additionally a Board member for the Pottstown Police Athletic League (PAL).
View all posts by Joshua Prince, Esq.

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