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The Problems With Senate Bill 383 Permitting Teachers To Carry Firearms In Pennsylvania

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Recently, there has been a lot of public interest and questions asked about Pennsylvania Senate Bill 383, which seeks to provide school districts with the ability to approve school personnel to carry firearms in schools. As many of you are aware, I full support having armed school personnel in our schools; however, this bill suffers from many issues that appear to have never been considered.

First, it requires the school official to have a license to carry firearms (“LTCF”). Why is this of concern? Well, SB 383 fails to consider that LTCF applicant information is confidential and not subject to disclosure; whereby, the disclosure of such information is a felony of the 3rd degree and permits civil penalties. Specifically, 18 Pa.C.S. § 6111(g)(3.1) provides:

Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly and intentionally obtains or furnishes information collected or maintained pursuant to section 6109 for any purpose other than compliance with this chapter or who knowingly or intentionally disseminates, publishes or otherwise makes available such information to any person other than the subject of the information commits a felony of the third degree.

Section 6111(i) then provides, in pertinent part:

Confidentiality.  All information provided by the … applicant, including, but not limited to, the … applicant’s name or identity, furnished by … any applicant for a license to carry a firearm as provided by section 6109 shall be confidential and not subject to public disclosure. In addition to any other sanction or penalty imposed by this chapter, any person, licensed dealer, State or local governmental agency or department that violates this subsection shall be liable in civil damages in the amount of $ 1,000 per occurrence or three times the actual damages incurred as a result of the violation, whichever is greater, as well as reasonable attorney fees.

Second, the bill does nothing to address the confidentiality of this information and how a school district is to protect the disclosure of this information. Who is entitled within the school district to see and have access to this information? Are logs to be kept of who views it and when? Is any training on the confidentiality of LTCF applicant information to be provided to school officials who have access to this information? If so, how frequently? Are logs to be kept of their training? These are all important issues that are not addressed, in any form, by the bill.

I also question why an LTCF is the determining criteria instead of the person being Act 235 certified. It would seem to be far more logical to me to remove the LTCF requirement and replace it with an Act 235 requirement.

Third, and most concerning is the fact that without the confidentiality of this information being addressed in SB 383, one wonders whether such information will be disclosed to the public, including through Right To Know Law (“RTKL”) requests. If so, now an individual intent on harming our children, including a potential terrorist or terrorist group, could learn, in advance, whether a school district has any armed personnel. If so, the criminal/terrorist is likely to target those school personnel first. If, on the other hand, a RTKL request comes back stating that there are no relevant records, such would highlight that there are no armed personnel and that the school is an extremely soft target.

Although I support arming our school personnel, SB 383 fails to address many significant concerns and therefore, I cannot support it in its current form. My hope is that the General Assembly takes action to correct SB 383.



Firearm Preemption Passes Senate With Veto-Proof Vote

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Yesterday, the Pennsylvania Senate passed Senate Bill 5 with a vote of 34 to 16, which is a 2/3rds majority veto-proof vote; however, the vote could have been even stronger if three republicans – Senators Greenleaf, Killion and McGarrigle – had not voted against it. 

At the last minute, there were five amendments proposed to Senate Bill 5 of which only one passed. That one provides that the Attorney General shall provide, within 30 days of enactment, notice of the new law to every municipality. Furthermore, the sections of Senate Bill 5 that provide for preemption and enforcement would not be effective for 60 days. What appears lost in relation to this amendment is the fact that firearm preemption has existed since 1979 and it has been a misdemeanor of the 1st degree. Furthermore, there appears to be some thought that unlike us mere peasants, who do not receive personal notification of new laws that are enacted, that municipalities are of a privileged class that deserve personal notification of the fact that their existing ordinances and regulations are in violation of the law.

While Senate Bill 5 is not perfect for other additional issues that I flagged for those capable of resolving them, it is definitely a step in the right direction.

Senate Bill 5 now moves to the House of Representatives for a vote.

There are three things that must be done:

  1. If you are a constituent of Senator Boscola, please contact her and let her know that you appreciate her vote in favor of holding municipalities accountable.
  2. If you are a constituent of Senators Senators Greenleaf, Killion or McGarrigle, please let them know that their vote against holding municipalities accountable will have consequences in their next election.
  3. Please contact your House Representative member and ask them to vote in favor of SB 5.

Together, we can ensure that municipalities stop violating the law and are held accountable.

If your rights have been violated by an illegal firearm ordinance or regulation, contact Firearms Industry Consulting Group, a division of Civil Rights Defense Firm, P.C., to discuss your legal rights.


Firearms Industry Consulting Group® (FICG®) is a registered trademarkand division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.


Press Release: Attorney Joshua Prince To Be Admitted To Practice In Maryland

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We are extremely proud to announce that Joshua Prince, Esq. has received notice from the Maryland State Board of Law Examiners that he passed the Maryland Out-of-State Attorneys’ Bar Exam that was administered in February, 2017. While he must take an orientation program, it is anticipated that he will be licensed to practice in Maryland within the next month.

Joshua looks forward to taking his Firm – the Civil Rights Defense Firm, P.C., including its division, Firearms Industry Consulting Group® (FICG®) – and his dedication to defending our inalienable right to keep and bear arms to Maryland and establishing beneficial precedent in Maryland, as he has done here in Pennsylvania.

Please join us in congratulating him on this monumental achievement.

 


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.


A Very Interesting Decision On City Domestic Violence Convictions Not Triggering A Federal Prohibition

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Two days ago, the 10th Circuit Court of Appeals issued a largely overlooked decision in U.S. v. Alexander Pauler, which involved Mr. Pauler’s misdemeanor conviction of domestic violence, pursuant to a municipal ordinance.

Mr. Pauler was previously convicted in 2009 of violating a Wichita, Kansas municipal domestic battery ordinance by punching his girlfriend. As the 10th Circuit declared,

The sole issue before us in this appeal is whether a misdemeanor violation of a municipal ordinance qualifies as a “misdemeanor under . . . State . . . law” when viewed in the context of a statutory scheme that clearly and consistently differentiates between state and local governments and between state statutes and municipal ordinances.

In ruling that Mr. Pauler was not prohibited pursuant to the Gun Control Act, 18 U.S.C. § 921, et seq., and more specifically the Lautenberg amendment, which became 18 U.S.C. § 922(g)(9), the 10th Circuit refreshingly looked to the actual language of the definition of a “misdemeanor crime of domestic violence” found in 18 U.S.C. § 921(a)(33), which provides, in pertinent part that it must bea misdemeanor under Federal, State, or Tribal law.” In this instance, since Mr. Pauler’s conviction was for a municipal crime of domestic violence and not a state crime of domestic violence, the 10th Circuit ruled that he was not prohibited and therefore his conviction for being a prohibited person in possession must be vacated and overturned. 

If you are being charged with being a prohibited person in possession of a firearm, contact Firearms Industry Consulting Group® (FICG®) to discuss your 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.


Press Release: Chief Counsel Joshua Prince Awarded 2017 NRA Defender of Freedom Award

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It is with distinct honor and privilege that we announce that Chief Counsel Joshua Prince has been awarded the 2017 National Rifle Association (NRA) Defender of Freedom Award. Recognizing his “outstanding leadership and distinguished achievement in defense of liberty and the preservation of the Right to Keep and Bear Arms for all law-abiding citizen of the United States of America,” Executive Vice President Wayne LaPierre and Lt. Colonel Oliver North bestowed this great honor on Joshua.

This is the second consecutive year that Joshua has been awarded this honor.

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Please join us in congratulating Joshua in this monumental achievement.


Are you in need of a Maryland firearms lawyer?

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If you are in need of a Maryland firearms lawyer, Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., issued a press release earlier today that Chief Counsel Joshua Prince has been formally admitted by the Court of Appeal of Maryland, so that he can practice firearms law in Maryland, in addition to Pennsylvania.

Please join us in congratulating Joshua on this monumental achievement!

 


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.


Firearms Law Seminar – August 19, 2017 at King Shooter Supply!

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On August 19, 2017, Chief Counsel Joshua Prince, Attorney Adam Kraut and Attorney Eric Winter of Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., in conjunction with King Shooters Supply, will offer a four (4) hour seminar, from 1-5pm, on state and federal firearms law at their store located at  346 E Church Rd, King of Prussia, Pennsylvania 19406.

The cost is $10 and you must register early, as last time it sold out fast. You can find out further information on King Shooters Supply’s website.  To register, sign up on the website here. If there are no more spots available, the class will show out of stock. If you have questions, please feel free to contact King Shooters Supply at 610-491-9901.

 


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.


SCOTUS Denies Certiorari in Binderup/Suarez

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Today, the U.S. Supreme Court refused to hear the U.S. Government’s request for appeal in the combined cases of Attorney General Sessions v. Binerup and Suarez, leaving in place the District Court and Third Circuit decisions holding that an individual can successfully bring a Second Amendment as-applied challenge to a non-violent misdemeanor firearms disability.

I previously reviewed the Third Circuit’s decision in this blog article.

If you are prohibited as a result of a misdemeanor conviction, contact Firearms Industry Consulting Group, a division of Civil Rights Defense Firm, P.C., to help you restore your Second Amendment Rights.

 


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.



Absent Additional Amendments, Oppose Senate Bill 383 Permitting Teachers To Carry Firearms In Pennsylvania

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As our viewers are aware, I previously blogged about some of the issues with SB 383 in relation to permitting Pennsylvania teachers to carry firearms in schools. While some minor amendments have been offered in relation to it, there are still a plethora of issues, which preclude me from supporting it, even though I am highly in favor of arming our teachers. Since SB 383 will be up for a vote this week and some are attempting to preclude Senators from being fully aware of the issues with the Bill, I am setting forth all the issues with the bill below and asking that you please contact your Senator and demand that the Bill either be amended to address the below issues or that they vote nay on the Bill.

First, it requires the school official to have a license to carry firearms (“LTCF”). Why is this of concern? Well, SB 383 fails to consider that LTCF applicant information is confidential and not subject to disclosure; whereby, the disclosure of such information is a felony of the 3rd degree and permits civil penalties. Specifically, 18 Pa.C.S. § 6111(g)(3.1) provides:

Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly and intentionally obtains or furnishes information collected or maintained pursuant to section 6109 for any purpose other than compliance with this chapter or who knowingly or intentionally disseminates, publishes or otherwise makes available such information to any person other than the subject of the information commits a felony of the third degree.

Section 6111(i) then provides, in pertinent part:

Confidentiality.  All information provided by the … applicant, including, but not limited to, the … applicant’s name or identity, furnished by … any applicant for a license to carry a firearm as provided by section 6109 shall be confidential and not subject to public disclosure. In addition to any other sanction or penalty imposed by this chapter, any person, licensed dealer, State or local governmental agency or department that violates this subsection shall be liable in civil damages in the amount of $ 1,000 per occurrence or three times the actual damages incurred as a result of the violation, whichever is greater, as well as reasonable attorney fees.

Second, the original bill did nothing to address the confidentiality of this information and how a school district is to protect the disclosure of this information. How is a school official to prove compliance with the provision requiring a license to carry? Will he/she be required to provide a copy of his/her LTCF? If so, to whom? Who will have access to that photocopy? Clearly, not all school personnel should have access to this and in fact, those who should have access should be an EXTREMELY shall group. Will there be logs maintained of who accesses the information? What training about the confidentiality of this information is to be provided to those who are authorized to have access? What logs will be maintained of the training provided to them and certifications by the school official that he/she received the training and that he/she shall keep the information confidential, pursuant to 18 Pa.C.S. 6111(g)(3.1) and (i)? Who will have access to those logs and certifications? What is to happen where a school official discloses information in violation of 18 Pa.C.S. 6111(g)(3.1) and (i)? Shouldn’t that person be immediately removed from having access to that information?

There are other tangential issues that aren’t addressed in the Bill. What about revocation of the school employee’s privilege to carry pursuant to this Bill, if some issue arises with the employee? Obviously, any such action must comport with due process protections. What about where the school employee’s license to carry is revoked or renewal denied or it just expires? How frequently will checks be done to see if the school official is still in compliance with the requirements of the bill? And these are only some of the concerns…

Based on the concern I raised, an amendment to the Bill modified this issue slightly, but still misses the mark and reflects the lack of comprehension of the issues involved. Amended SB 383 merely provides that the information regarding specific school personnel permitted access to firearms in a school “may not be disclosed during a meeting open to the public.” Well great, now what about access to the information at all other times, ensuring that it remains confidential and all the other issues raised above?

Third, and as I addressed as previously being the most concerning is the fact that without the confidentiality of this information being addressed in SB 383, one wonders whether such information will be disclosed to the public, including through Right To Know Law (“RTKL”) requests. Specifically, under the original bill, an individual intent on harming our children, including a potential terrorist or terrorist group, could seemingly learn, in advance, whether a school district has any armed personnel. If so, the criminal/terrorist is likely to target those school personnel first. If, on the other hand, a RTKL request comes back stating that there are no relevant records, such would highlight that there are no armed personnel and that the school is an extremely soft target.

Again, based on the concern I raised, amended SB 383 now specifically provides that none of the information is subject to the RTKL.

I also question why an LTCF is the determining criteria instead of the person being Act 235 certified. It would seem to be far more logical to me to remove the LTCF requirement and replace it with an Act 235 requirement.

While some are astonished that I would take this position, I think it is important to point out that teacher can ALREADY carry on school grounds, based on the Superior Court’s en banc decision in Commonwealth v. Goslin and even prior to it, I am aware of several school districts that petitioned several different courts of common pleas for orders approving individual teachers to possess firearms on school grounds.

For all of the above reasons, I am asking you to contact your State Senator and tell him/her to either demand amendments to SB 383 that address the above or that vote nay on the Bill.

 


Anti-Gun Amendments Added to Senate Bill 383 Permitting Teachers to Carry Firearms in Pennsylvania

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Although the Prime Sponsor of SB 383 – Senator White – stated on Monday that there was no longer an ability to amend SB 383 in relation to the issues I previously raised, yesterday, Philadelphia Democratic Senator Sharif Street added several anti-gun and anti-right amendments to SB 383, as initially reported by PennLive, which passed, 49-1. You can find a current version of SB 383 with the amendments here and a listing of all the Senators that voted for it here.

The amendment, inter alia, requires disclosure of all school personnel permitted access to local law enforcement and disclosure to parents that there are school personnel who are permitted access to firearms; thereby, once again, violating the confidentiality of 18 Pa.C.S. §§ 6111(g)(3.1) and (i) and failing to address the maintaining, access and disclosing of that information held by the police department.

Moreover, it requires any school personnel wishing to be authorized to carry a firearm to undergo a psychological examination and seemingly provide such to the school district in violation of HIPAA and for which, as I explained previously, there exists no safeguards on the maintaining, access and disclosing of those reports. This would also  constitute a violation of Article 2, Section 1 of the Pennsylvania Constitution, as it constitutes an impermissible delegation of authority to a psychologist to determine fitness.

For all of the above reasons, I am asking you to contact your State Senator and tell him/her to oppose SB 383.

 


Senate Passes SB 383 With Anti-Gun Provisions

SCOTUS Properly Denied Cert in Peruta v. California

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While it may come as a shock to many of our viewers, I am firmly of the position that the U.S. Supreme Court properly denied certiorari in Peruta v. California, given the significant rumors of Justice Kennedy’s impending retirement this summer – the result of which will trigger the biggest battle over the confirmation of a new justice that our Country has ever seen.

But what does that have to do with Peruta?

Well, if you remember, both D.C. v. Heller and McDonald v. Chicago were 5-4 votes, which included Justice Kennedy in the majority; however, his exact position on the Second Amendment is not known, as he joined the majority opinion in U.S. v. Castleman, which, as Justice Scalia wrote, results in everything constituting domestic violence. Accordingly, even absent his retirement, he may not be a vote that we can count on in support of the Second Amendment.

Furthermore, since Heller and McDonald, we unfortunately lost the legal giant Justice Scalia. While Justice Gorsuch has now taken former Justice Scalia’s place on the Court, assuming he votes consistent with former Justice Scalia’s opinion of the Second Amendment (which seems extremely likely given the Dissent to the Denial of Certiorari to Peruta for which he joined), in the absence of Justice Kennedy, the 9th Circuit’s decision, upholding the draconian law, would likely be affirmed, since a 4-4 vote results in affirmation of the lower court’s ruling. While Tom Goldstein of SCOTUSBlog has found precedent in such situations for re-argument once another Justice is confirmed, he has likewise found identical precedent where re-argument was not provided. Hence, we cannot count on re-argument being granted in a 4-4 tie situation.

While a tie vote affirmation is not precedential on lower courts, it would likely empower even more lower courts to ignore the dictates of the Second Amendment and Heller, McDonald, and Massachusetts v. Caetano, since the lower courts have seemingly thumbed their nose at the Court’s binding precedent. Specifically, in Heller, the Court declared that the definition of “bear arms” was to

wear, bear, or carry … upon the person or in the clothing or in a pocket, for the purpose of . . . being armed and ready for offensive or defensive action in a case of conflict with another person.

Yet, lower courts have consistently upheld bans on carrying firearms in one’s pocket and permitted states to require an individual to obtain a license to carry a firearm concealed on his/her person.

Furthermore, in both Heller and McDonald the Court declared that the Second Amendment should not be analyzed in an interest-balancing approach.  Specifically, in Heller the Court declared

We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding ‘interest-balancing’ approach. The very enumeration of the right takes out of the hands of government—even the Third Branch of Government—the power to decide on a case-by-case basis whether the right is really worth insisting upon.

Likewise, in McDonald, the Court declared that the Heller Court “specifically rejected” “an interest-balancing test”. Yet, almost every federal court that has analyzed the Second Amendment has analyzed it under an interest balancing approach, generally only applying intermediate scrutiny.

For these reasons, until Justice Kennedy retires and is replaced by a jurist that recognizes the Second Amendment is an inalienable right, it is best for SCOTUS to continue denying certiorari in cases involving the Second Amendment.


Third Circuit Holds That Recording Police In Public Is Protected By The First Amendment

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Today, in Fields v. City of Philadelphia, et al., the Third Circuit Court of Appeals joined five other circuit courts in holding that the 1st Amendment protects the public recording of police officers.

As stated in the decision, the background is somewhat simplistic – Mr. Field and a Mrs. Geraci attempted to record “Philadelphia police officers carrying out officia duties in public and were retaliated against even though the Philadelphia Police Departments official policies recognized that ‘[p]rivate individuals have a First Amendment right to observe and record police officers engage in the public discharge of their duties’.”

In discussing the First Amendment, the court explained that

The First Amendment protects the public’s right of access to information about their officials’ public activities. It “goes beyond protection of the press and the self-expression of individuals to prohibit government from limiting the stock of information from which members of the public may draw.” Access to information regarding public police activity is particularly important because it leads to citizen discourse on public issues, “the highest rung of the hierarchy of First Amendment values, and is entitled to special protection.”

The court therefore went on to hold

Accordingly, recording police activity in public falls squarely within the First Amendment right of access to information.

More interestingly, the court properly noted that

Civilian video also fills the gaps created when police choose not to record video or withhold their footage from the public.

And that

the proliferation of bystander videos has “spurred action at all levels of government to address police misconduct and to protect civil rights.”

However, the court cautioned that it was not holding that all recording is protected or desirable. Specifically, the court declared that

[I]t is subject to reasonable time, place, and manner restrictions.

Unfortunately, because the court found that one’s First Amendment protections in recording the police had not been sufficiently established at the time of the officers conduct, it granted them qualified immunity. However, any officers that violate someone’s right to record the police in public, due to the decision, will no longer be able to claim qualified immunity, because now it has been established.

If you or anyone you know has been subjected to criminal charging, retaliation or harassment as a result of recording the police in public, contact us to discuss YOUR rights.


FICG/Prince Law Offices, P.C.’s Bi-Annual Machinegun Shoot – October 21, 2017!

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Firearms Industry Consulting Group (FICG)®, a division of Civil Rights Defense Firm, P.C., will be hosting our twelfth bi-annual machine gun shoot at Eastern Lancaster County Rod and Gun Club on October 21, 2017, in celebration of the 2nd Amendment of the US Constitution, and Article 1, Section 21 of the PA Constitution. Eastern Lancaster Rod and Gun Club is located at 966 Smyrna Road, Kinzers, PA 17535. It will start at 11am and go until 4pm. From 11am until 2:30pm, it will be unsuppressed and suppressed fire. From 2:30pm until 4pm, only suppressed fire will be allowed. Come on out and meet FICG Chief Counsel and your PA Firearms Lawyer, Joshua Prince, as well as, as other FICG attorneys!

Everyone, over 18 years of age, is welcome to attend. We are sorry but the insurer will not allow anyone under 18 to participate. There will be a small area for observers, under the age of 18, to watch the shoot. The only requirement is that you bring a driver’s license and hearing and eye protection. All attendees will be required to sign a waiver.

There will be several dealers and manufacturers in attendance and which will have some unique firearms for rent that you might not otherwise have an opportunity to shoot. We are still waiting for confirmation of the dealers that will be in attendance and will update this blog, as they confirm. While you are welcome to bring your own firearms and ammunition, it will be up to the owner of the firearm as to whether he/she will permit you to use your ammunition in his/her firearm. The FFLs will be bringing ammunition for purchase, if you need additional or if they require certain types of ammunition to be used in their weapon systems.

Also, Eastern Lancaster County Rod and Gun will be making food and have drinks available, at extremely reasonable prices. There will be breakfast available again this time starting around 9am! Most attendees at the last shoot couldn’t get over how the Club could make any money on the food sold!

All attendees MUST RSVP. To RSVP via facebook, please go here. If you do not have Facebook or are having difficulty, please contact our Tammy Taylor, at ttaylor@princelaw.com.

We are requiring that each person donate at least $10 to the Eastern Lancaster County Rod and Gun Club for their generous permission to use their range. If you have any questions, please feel free to contact us.


FICG On Behalf of FOAC Files Letter In Response To Strattanville Borough’s Proposed Illegal Firearm Ordinance

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Yesterday, it was reported by Reporter Scott Shindledecker of ExploreClarion.com that Strattanville Borough was considering enacting an ordinance prohibiting the discharge of firearms in the borough.

Borough Solicitor Ralph L.S. Montana was quoted as saying that he has his work cut out for him because “[t]here aren’t too many places in Pennsylvania that have firearms ordinances.” Maybe that is due to the fact that municipal firearm and ammunition regulation is unlawful pursuant to Article 1, Section 21 of the Pennsylvania Constitution, as affirmed by the PA Supreme Court in Ortiz v. Commonwealth, and our state preemption statute found in 18 Pa.C.S. § 6120.

Although Solicitor Montana was unwilling to share a copy of his proposed ordinance before submitting it to the Borough Council on Wednesday, August 9th at 7 PM, he did mention that he found Rose Valley Borough’s [unlawful] ordinance, which this ordinance would be based upon.

As a result, Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., on behalf of its client, Firearm Owners Against Crime (FOAC), filed a letter in opposition to the proposal; wherein, Chief Counsel Joshua Prince explains the constitutional and statutory protections and case law precluding such regulation. In the event Strattanville Borough moves forward with the proposal, FOAC is prepared to file a legal challenge against the Borough and request the District Attorney to file criminal charges for violations of Section 6120.

If you or someone you know has been the victim of an unlawful municipal firearm or ammunition regulation or ordinance, contact FICG today to discuss your 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.



Armed Vehicle Defense – Are You Actually Prepared?

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For a while now, I’ve had on my bucket list to attend an armed vehicle defense class, so that I could be better prepared if it became necessary for me to defend myself (or others) from within my vehicle, especially given the amount that I travel and find myself in a vehicle.

Unfortunately, with my insane schedule, it has proven difficult. However, this weekend, an opportunity presented itself to attend Trop Gun Shop‘s Armed Vehicle Defense two-day class, which is taught by Phill Groff. For those of you who don’t know Phill, I cannot do his background justice. For brevity, he has a substantial military and law enforcement bckground, with an emphasis on training law enforcement officers. But don’t let this concern you; Phill is an extremely down-to-earth and a phenomenal teacher, with actual real-life experiences and stories, unlike some trainers and YouTube commandos. But, you aren’t reading this because you want his CV – you already know that if I’m spending the time writing an article on the class that he taught, he has the necessary skill-set and is a phenomenal instructor. Rather, your question is: “But, Josh, why do I need training on use of a firearm in or around a vehicle?”

The answer is simple – for most of us, we utilize our vehicles to get to and from work. In addition, many of us utilize our vehicles daily to pick up and drop off our children and other tasks. Take a quick minute and think of all the times you used your vehicle in the last week (grocery store, department store, gas station, take-out food, going to and from a restaurant or event,…etc). Most of us spend far more time in our vehicles than we realize.

“But Josh, this still doesn’t answer my question.” You’re right. First, you need to realize the amount of time that you spend in your vehicle to understand the importance of an armed vehicle defense class. Then, you need to consider what that means in relation to your current training.

If you’re like most people, you spend a limited amount of range time preparing for the unlikely event that you are required to pull your firearm. That may, or may not, be enough to make you proficient at shooting paper and steel and maybe even pulling from your IWB concealed holster; but, have you trained for pulling your firearm while seated? With the a seat belt? Do you know the techniques for drawing your firearm in your car with a steering wheel in extremely close proximity to you? What about window deflection? Does it change whether you’re shooting from inside the vehicle to outside or from outside to inside? (Hint, YEP! Do you know how much each way? They’re FAR from the same and you need to know how to compensate based on your ammunition).  What if you have other occupants in the vehicle, like a friend, spouse or children – do you know the proper techniques to limit their likelihood of being shot by friendly fire? Remember, the assailant could come from the back quarter-panel or trunk of your vehicle. Do you know what parts of your car provide concealment versus cover? You might be surprised at the (limited) amount of cover that a vehicle provides to occupants, even to pistol calibers; however, you may likewise be surprised at the amount of rifle and shotgun calibers that cannot penetrate through a car. Per Phill’s trademarked slogan, the cover provided by a vehicle is consistently inconsistent.

One of many of the great aspects of Trop’s Armed Vehicle Defense class is the ballistic labs that you’ll go through, where you’ll get to see the result of pistol, rifle and shotgun (and even your own!) rounds impacting a vehicle. Think your defensive carry rounds are the best all-around for any situation you may find yourself in? You might be surprised…

You’ll also have an opportunity to shoot paper and steel from in, under and around vehicles – hell, while in one vehicle, you’re crashed into another (at 5-7 mph) and thereafter have to engage threats. Do I need to say more? Well, if you’re still not sold, after learning many of these invaluable lessons and skills, you then have an opportunity to see and try their real world application through force on force Simunitions. If you’ve never experienced force on force with Simunitions, then the class is worth it for this alone! If you have, then you know how phenomenal an opportunity it is to train force on force with Simunitions.

I simply cannot emphasize how invaluable this class was and the amount of knowledge that I obtained from these two days. I highly recommend that you take an armed vehicle defense class if you spend any amount of time in your vehicle. It just may save your life.


Strattanville Borough Declines To Move Forward With Firearm Discharge Ordinance

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As our viewers are aware, we previously blogged about Strattanville Borough’s proposal to enact a firearm discharge ordinance, which resulted in Firearm Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., submitting a letter written in opposition on behalf of Firearm Owners Against Crime (FOAC) by Chief Counsel Joshua Prince.

Last night, Strattanville Borough voted, 5-2, not to move forward with the firearm discharge ordinance due to the legal ramifications and FOAC preparedness to institute legal proceedings against the Borough, if it moved forward with any form of firearm or ammunition regulation.

Please join us in congratulating FICG and FOAC in this accomplishment!

If you or someone you know has been the victim of an unlawful municipal firearm or ammunition regulation or ordinance, contact FICG today to discuss your 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.


South Heidelberg Township To Require Firearm Renters To Do What?!?!

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Over the weekend, it was reported by Reporter Keith Dmochowski of the Reading Eagle that during the South Heidelberg Township Board of Supervisors meeting on Thursday, August 10th, the Board of Supervisors agreed to require C.P. Tactical Solutions Inc. to enter into “a written agreement requiring background checks for gun rentals.” The article goes on to declare:

Solicitor Michael Gombar said that holding C.P. Tactical Solutions Inc. to a signed pledge will ensure that firearms are rented responsibly, despite the fact that background screenings for firearm rentals are not mandated by the township.

More interestingly, Solicitor Gombar further stated, in relation to a question as to why the Township hasn’t enacted an ordinance requiring such background checks of all firearm businesses, that

[t]he concern with putting anything into law is not necessarily that this company will not abide by it, but that the NRA and other gun-rights lobbies make it their point to find municipalities that are setting regulations, and fight them.

Nevertheless, Solicitor Gombar went on to declare that:

the terms of the agreement would allow police and code officers to perform random checks as a safeguard against potential violations…[and] that legal action would be pursued if the shop fails to provide background checks after signing the agreement. (emphasis added).

As a result, Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., filed a letter on behalf of its client, Firearm Owners Against Crime (FOAC), advising that any such agreement would result in felony and misdemeanor violations under the law and that FOAC was considering legal action, if the Township proceeded with the agreement. It appears that Solicitor Gombar and the elected Township Officials have failed to review federal and state law, both of which preclude the use of the background checks system (NICS and PICS, respectively), except in relation to the sale or transfer of ownership of a firearm. As an onsite firearm rental does not constitute a sale or transfer of a firearm, any use of NICS or PICS would be abusive and result in violations of federal and state law. They also appear unaware of the confidentiality provisions of Pennsylvania law, which also provide for civil liability, where confidentiality is breached.

If you or someone you know has been the victim of an unlawful municipal firearm or ammunition regulation or ordinance, contact FICG today to discuss your 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.


Devastating En Banc Decision Regarding Act 235 Security Guards

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Yesterday, in a devastating en banc opinion by the Pennsylvania Superior Court in Commonwealth v. Anderson, it ruled that an individual who is Act 235 certified is not entitled to carry a firearm to and from work, absent a license to carry firearms, regardless of the language in Act 235 that requires a private security guard carry his/her certificate when “on duty or going to and from duty and carrying a lethal weapon.”

The background of the case is explained succinctly by the court, stating:

The charges stem from an altercation on North Dewey Street in Philadelphia on November 3, 2013. Anderson was on his way home from his job as a private security guard, and he stopped at a party to pick up a friend who had asked him to take her home. He was wearing a bullet-proof vest and a security badge or lanyard around his neck, and he was carrying a gun; he stopped his car in the middle of the street. Meanwhile, Mark Ellis drove onto the street behind Anderson and stopped to drop off food at the home of a local resident, Syreeta Manire. After Manire retrieved the food, Ellis quickly proceeded to drive away. Anderson’s car was blocking the street, and Ellis stopped a few feet behind it. Anderson and Ellis then exchanged words. Ellis pulled out a gun, and Anderson tried to grab that gun from him. Shots were fired, and Anderson shot and killed Ellis. A subsequent police investigation determined that Anderson was not licensed to carry a firearm, but that he did possess a valid Act 235 certificate.

The Commonwealth decided not to prosecute Anderson for any homicide-related charges stemming from the shooting. But on January 17, 2014, it charged Anderson with impersonating a police officer and violating two provisions of the PUFA: Section 6106(a)(1), which prohibits carrying a firearm without a license, and Section 6108, which prohibits carrying an unlicensed firearm on public streets or public property in Philadelphia.

On February 11, 2014, Anderson filed a motion to quash the PUFA charges. After hearing argument, the trial court granted Anderson’s motion. In an opinion, the court explained that Act 235 requires private security guards to carry a certificate under the Act when “on duty or going to and from duty and carrying a lethal weapon,” and that, in the court’s view, this constitutes “legislatively created permission to carry a firearm on the street while ‘going to and from duty.’” … Therefore, Anderson was “entitled to avail himself of Act 235’s specific permission for him to be carrying a firearm at the time of his arrest” and could not be charged with violating the PUFA.

As the City of Philadelphia was disgruntled with the trial court’s dismissal of these charges, it appealed to the Superior Court.

On August 23, 2017, the Superior Court issued its en banc decision reversing the trial court and re-instituted the charges. After reviewing the history of the Uniform Firearms Act (referred to as PUFA by the court) and Act 235, the court declares that “PUFA requires a person carrying a firearm to have a license, but an Act 235 certificate is not a license and does not function as a type of document that could serve as a substitute for a license.” More specifically, the court states that “An Act 235 certificate thus does not act as the ‘license’ required by Sections 6106 and 6108 of the PUFA and cannot serve as a substitute for that license.”

But some of you are probably saying that he’s exempt under Section 6106(b)(6), which declares:

(b)  Exceptions.  The provisions of subsection (a) shall not apply to:

(6) Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property in the discharge of such duties.

However, in a mind-boggling evisceration of the statutory language, the court goes on to say that the “exceptions” found in Section 6106(b), even though the statutory text states that subsection (a) shall not apply, are defenses that must be proven at trial. This is truly a manifest injustice, as the General Assembly is acutely aware of how to draft provisions that are “defenses,” as evidenced by 18 Pa.C.S. 912(c), and those that are immunities or exceptions.

Based on the absurdity of this decision, for example, now law enforcement officers, who are found in a courthouse possessing a firearm, are to be prosecuted and have to prove, as a defense, that the firearm was possessed in “lawful performance of official duties” because Section 913(c) makes such possession an “exception.” Even more obscene, the same would be true of “constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers,” since this is an “exception” found in Section 6106(b).

As a result, if you are an Act 235 security guard, it is now imperative that you obtain a license to carry firearms, immediately. Likewise, if you are a law enforcement officer, including constable, sheriff, deputy or police officer, even a Pennsylvania State Trooper, you must immediately obtain a license to carry firearms.

If you or someone you know is being prosecuted for carrying a firearm absent a license to carry firearms, contact FICG today to discuss your 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.


District Attorney Stedman Issues Firearm Preemption Letter

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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.


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