Pennsylvania Attorney General Henry Puts Out Politically Prompted Disinformation Regarding Voting While Carrying a Firearm!

As our viewers know, virtually each election cycle, we put out an article that evaluations the overall proper to hold a firearm, whereas voting, and placement limitations. The latest one was: Major Election on Might 16, 2023: Carrying a Firearm Whereas Voting – It’s Political Speech and It’s Lawful!

Right now, I grew to become conscious that PA Lawyer Normal Michelle Henry has put out false info relating to voting whereas carrying a firearm. Particularly, on the Voting and Election Info sub-page of her webpage, beneath the part “Firearms inside a polling place,” it specifies that “[f]irearms can’t be introduced into polling locations that are…[1] inside a personal property forbidding them; [2] a faculty; [3] a courthouse; or [4] every other location the place Pennsylvania legislation prohibits the carrying of firearms.”

First, in relation to “inside a personal property forbidding them,” municipalities are usually, pursuant to 25 P.S. § 2727, required to make the most of public, not personal, property. Nevertheless, no matter whether or not a the property is public or personal, it’s beneath the management of the County Board of Elections through the election (see usually, 25 P.S. § 2726, et seq) and our state firearm preemption statute – 18 Pa.C.S. § 6120 – prevents all types of native authorities, together with counties, from regulating, in any method, firearms and ammunition. Nevertheless, even absent our preemption statute, as the general public officers could not “deny or impede[] one other within the train or enjoyment of any proper, privilege, energy or immunity” (18 Pa.C.S. § 5301), counties and their county officers are likewise prohibited from disenfranchising one’s proper to vote, merely as a result of the person is carry a firearm. And this is applicable, on this context, in opposition to personal property house owners, the place the personal property is getting used for a authorities perform (i.e. polling); as in any other case, a Church may preclude anybody of the Jewish or Muslim religion from voting on its property, although it’s the designated polling location; or the YWCA may preclude males from voting on their property; or any location, no matter public or personal, may preclude somebody for sporting a shirt with a political slogan in assist or opposition of a specific Celebration. Furthermore, as I reviewed in a latest article, there are quite a few legal offenses, together with for legislation enforcement officers, who disenfranchise a person by precluding that particular person from voting.

Second, in relation to state courthouses, we evaluate each of these places in our normal article on carrying a firearm whereas voting. Whereas I can’t go into all of the specifics, opposite to Lawyer Normal Henry’s assertion, it isn’t illegal to carry a firearm right into a state courthouse, even when it’s a polling location, as state courthouses are required to offer lockers to anybody bringing in a firearm. This contains state courthouse from the magisterial district degree as much as the Pennsylvania Supreme Court docket and every thing in-between. Please observe nonetheless that every one federal property, together with federal courthouses, are off-limits for firearms.

Third, in relation to colleges, as soon as once more, Lawyer Normal Henry fails to deal with the protection of “different lawful function,” which I litigated in Commonwealth v. Goslin. You’ll be able to learn extra about what all it’s best to know in regards to the Goslin choice in our normal article on carrying a firearm whereas voting.

I can not stress sufficient how vital it’s to vote, no matter whether or not or not you carry a firearm. Whereas I imagine voting whereas carrying a firearm is a political assertion, the failure of so many voters to change into concerned within the political course of could end in us shedding our proper to make any political assertion, as evidenced by the present state of our Union.

For those who, a member of the family or somebody you recognize is precluded from voting, whereas carrying a firearm,, contact Firearms Business Consulting Group right this moment to debate YOUR rights and authorized choices.We can not let our Rights be eroded by ignorance. 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 Regulation Workplaces, 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 information are inaccurate, I need 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 generally known as firearms legislation. I made a decision to pay attention my authorized follow 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 Preserve 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 relating to:

– 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 Training (CLE) seminars on Firearms in Estates and Trusts and Firearms Regulation 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 Regulation Faculty, I used to be a member of the Widener Regulation Journal. I wrote an article on the Inaccuracy of the Nationwide Firearms Registration and Switch Document (NFRTR). I additionally had an article printed on Price Disputes in Staff Compensation circumstances within the Widener Regulation Journal, Quantity 18, No. 2.

You’ll be able to usually discover me posting on a number of web boards, together with Subguns, Uzitalk, AR15, and PAFOA. I additionally maintain PA Firearms Regulation 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.