MONUMENTAL Decision By The Pa Supreme Court Regarding Firearm Preemption In The Commonwealth! – Prince Law Offices Blog

At the moment, the Pennsylvania Supreme Courtroom issued a 55 web page, unanimous determination in Crawford, et al. v. Commonwealth, et al., 19 EAP 2022, affirming the Commonwealth Courtroom’s determination throwing out the Metropolis of Philadelphia’s lawsuit contending that Pennsylvania’s firearm and ammunition preemption statute – 18 Pa.C.S. 6120 – was unconstitutional on quite a few grounds. In reality, the Metropolis’s argument was that our state firearm preemption statute 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 proper to defend one’s self, from their query offered… you merely can’t make these things up!)

As lots of you seemingly bear in mind, I wrote an Amicus Temporary on behalf of Allegheny County Sportsmen’s League (“ACSL”) and Firearms Homeowners Towards Crime – Institute for Authorized, Legislative, and Instructional Motion (“FOAC-ILLEA”), and parts of the choice appears to parrot lots of my arguments. Whereas the Courtroom didn’t explicitly tackle my argument that the Uniform Firearms Act (“UFA”) offers for discipline preemption (past the specific preemption of 18 Pa.C.S. 6120), it appears to have T’ed that challenge up for a ruling per my arguments, provided that the choice spends over 8 pages (10-11, 14- 19) addressing the breadth of the UFA and explicitly declares that “you will need to be aware that [Section 6120] is only one of many within the UFA’s comparatively longstanding and complete statutory scheme of firearms regulation;” which is required for discipline preemption. And, because the Courtroom notes in footnote 15, the Courtroom has held three circumstances – FOAC-ILLEA v. Pittsburgh, Armstrong, and Anderson – the primary two being my circumstances, pending its determination on this case. As such, I think within the very close to future, we’ll seemingly obtain an Order in both FOAC-ILLEA v. Pittsburgh or Armstrong (with Pittsburgh being the almost definitely), or each, lifting the keep and directing briefing, in order that the Courtroom can lastly, explicitly maintain that the breadth of the UFA offers discipline preemption; whereby, solely the Normal Meeting might, in any method, regulate firearms and ammunition.

Please be a part of us in thanking FOAC-ILLEA and ACSL 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 might extremely encourage anybody in a monetary place to take action, to donate to FOAC-ILLEA so it may proceed to help essential 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 this time to debate your choices.

Firearms Business 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 information 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 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 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 symbolize FFLs and SOTs all through Pennsylvania and the US concerning:

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

In following my love for firearms and firearms legislation, I’ve taught a number of Persevering with Authorized Training (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 courses 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 possibly can typically discover me posting on a number of web boards, together with Subguns, Uzitalk, AR15, and PAFOA. I additionally maintain PA Firearms Legislation courses 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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