Monumental Victory For Gun Owners – Harrisburg’s Final Gun Ordinance Falls… – Prince Law Offices Blog

Immediately, after 11 years of litigation, Chief Counsel Joshua Prince of the Firearms Trade Consulting Group (“FICG), a division of Civil Rights Protection Agency, P.C., secured a serious victory in opposition to the Metropolis of Harrisburg’s final remaining, unlawful firearm ordinance in Firearm Homeowners In opposition to Crime – Institute for Authorized, Legislative and Academic Motion (FOAC-ILLEA), et al. v. Metropolis of Harrisburg, et al., 1523 CD 2024.

As method of background, in September of 2024, after 9 years of litigation, the Metropolis of Harrisburg’s regulation of firearms associated to minors, parks, discharge and misplaced or stolen have been dominated preempted by the Dauphin County Court docket of Widespread Pleas. Nonetheless, the trial court docket discovered that plaintiffs didn’t have standing to problem the Metropolis’s emergency provision, though, in a footnote, it acknowledged that if the emergency provision was ever enacted, it will be preempted. In consequence, FOAC-ILLEA appealed to the Commonwealth Court docket.

In a choice rendered at the moment by Decide Matt Wolf, the Commonwealth Court docket reversed the trial court docket, declaring

Each time the Metropolis chooses to train its powers below the Emergency Ordinance’s provisions, its actions will place the Particular person Appellants within the unenviable place of getting to decide on between giving up what they view as their proper to armed self-defense, risking prison prosecution, or avoiding the Metropolis to the detriment of their skilled, financial, and private pursuits. To deprive them of a possibility to problem the Emergency Ordinance merely as a result of they haven’t but been harmed by its provisions can be inimical to the very objective of pre-enforcement standing. As Justice Wecht famous in his concurrence with the Papenfuse II majority, residents should not required “to turn into lawbreakers” with a view to problem laws that they consider violates their particular person rights; nor are they compelled to “abdicate” their rights and undergo the dangerous laws. 261 A.3d at 491 (Wecht, J., concurring).

Though the case will now be despatched again to the trial court docket, because the trial court docket already dominated that the emergency provision is violative of our firearm preemption legislation, it’s anticipated {that a} everlasting injunction will problem briefly order and Harrisburg’s final remaining unlawful firearm ordinance will likely be completely enjoined.

Please be a part of us in thanking Decide Wolf for upholding the legislation and congratulating Josh and FOAC-ILLEA for all the time remaining steadfast of their dedication to defending Article 1, Part 21, 18 Pa.C.S. 6120 and the Second Modification. We’d extremely encourage anybody in a monetary place to take action, to donate to FOAC-ILLEA so it might probably proceed to assist necessary litigation defending our Rights.

In case your state or federal constitutional rights have been violated, or the federal, state or native authorities ever violate your statutory rights, contact FICG at the moment to debate your 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 Places of work, P.C. to make use of on this article.

Printed 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 need to take this chance to introduce myself. I’m considered one of solely a handful of attorneys throughout the US that practices within the area of interest space of legislation referred to as firearms legislation. I made a decision to pay attention my authorized observe on firearms legislation not solely as a result of I’m a shooter and firearms fanatic, but additionally to make sure that our inalienable Proper to Maintain and Bear Arms isn’t 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 Misguided PICS Denials;
– Reduction 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 symbolize 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 legislation, 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 Faculty, 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 Report (NFRTR). I additionally had an article printed on Charge 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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