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Massive Comment Filed in Opposition to ATF’s Proposed Rulemaking Regarding Bump-Stock-Devices – ATF – 2017R-22

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Firearms Industry Consulting Group (“FICG”), a division of Civil Rights Defense Firm, P.C., is honored to announce that Chief Counsel Joshua Prince and Attorney Adam Kraut drafted and filed a 923 page Comment in Opposition to ATF’s proposed rulemaking on bump-stock-devices (docket no. ATF 2017R-22 ) on behalf of Firearms Policy Coalition (“FPC”) and Firearms Policy Foundation (“FPF”). A copy of FPC/FPF’s Press Release can be found here and copies of the massive Comment in Opposition and 35 Exhibits can be found here.

Humorously, it appears that FICG broke the eRulemaking Portal, as ATF was unable to upload all exhibits (i.e. videos) and had to break the exhibits up over two separate comment IDs:

FPC Comment

It bears substantial mentioning that Patton Media and Consulting and former Acting Director of the Firearms Technology Branch and Senior Analyst Richard (“Rick”) Vasquez of Rick Vasquez Firearms LLC were instrumental in providing irrefutable evidence that ATF has purposely misled the public on the function of bump-stock-devices. While this would undermine the efforts of an administrative agency with a sterling reputation for candor, as reflected in the Comment, ATF has a well-documented record of “spinning” facts and engaging in outright deception of the courts, Congress, and the public. Thus, it is imperative that the current Administration appoint a director to ATF, who has a stellar reputation for candor, honesty and upholding the law as written, so that ATF’s extremely tarnished reputation might be rehabilitated.

If you or your company wish to file a comment in support or opposition to a notice of proposed rulemaking by a federal administrative agency, 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.

 


FICG/Prince Law Offices, P.C.’s Bi-Annual Machinegun Shoot – October 20, 2018!

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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 20, 2018, 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.

Update 1: Tri-State Tactical will be in attendance with an Mp5, Mp5k, Mp5sd
Ak, M16, Ar15 7” Hera cqr auto, Uzi, Pps-50 .22, Pps-43c, Ar9, FAL, M1a carbine and
Hk Ump.

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, 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.

Undetectable Firearms and 3D Printing

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Special Guest Author – Rick Vasquez of Rick Vasquez Firearms LLC and

former ATF Acting Chief of the Firearms Technology Branch

If you had zero knowledge of firearms as many talking heads on the media display, you might believe there is a new phenomenon called 3D printing of guns. Additionally, you may believe polymer firearms were recently designed, and thirdly, you would likely have no idea what the Undetectable Firearm Act is. With this lack of knowledge, you may spew disinformation about how modern firearms are undetectable and easily bypass all security elements.

Polymer firearms have been around several years. The first successful firearm with a polymer receiver was the H&K VP70 pistol. This pistol was introduced circa 1970. Then, of course, the Glock which took polymer firearms to a new height was introduced circa 1980-1982 ( https://eu.glock.com/en/explore-glock/glock-history). After this date, the use of polymers in firearm receivers has become common place.

During the 1980’s, the hysteria on plastic guns played out in the media exactly as it is today. There was hysteria over the ability of a polymer firearm to pass through a metal detector. In 1986, there was a supposed incident at the Atlanta Airport in which a Glock passed the screening, and it created media hysteria. It was later discovered that the screening machine was not properly being used, but why waste a good story?

The media began covering plastic and undetectable guns that could not be discovered with airport equipment. I have provided a few links to stories from the 1980s on undetectable firearms. (Footnote 1) Of course, a good lawmaker could not let misinformation go without passing an anti-gun law. Because of the issue created by the media, the Undetectable Firearm Act was passed in 1988. (Footnote 2)  Imagine if this law had made plastic firearms unlawful, what the historical impact would have been to our military and law enforcement?

But what can Congress do to alleviate a law they proposed impacting manufacturers in heavy democrat districts in 1988? If the law prohibits polymer firearms, manufacturers like Glock and S&W would be out of business. This is easy! Congress changes the meaning of a firearm receiver in the new statute. In the Gun Control Act, Title 18 U.S.C. section 921 (a)(3) firearm is defined as (3) The term “firearm” means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device… Such term do not include an antique firearm.

The undetectable statute is listed in its’ entirety below but for comparison to the definition of a firearm receiver already in the Gun Control Act, the pertinent parts are here: Title 18, U.S.C., Chapter 44, Section 922 (p)(1) It shall be unlawful for any person to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm–

(A) that, after removal of grips, stocks, and magazines, is not as

detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar; or

(B) any major component of which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component.

(2) For purposes of this subsection –

(A) the term “firearm” does not include the frame or receiver of any such weapon;

(B) the term “major component” means, with respect to a firearm, the barrel, the slide or cylinder, or the frame or receiver of the firearm; and …

In the Gun Control Act, the firearm frame is all of the following: the housing, the registered part, the part that must be serialized, and the part a background check must be conducted on for a lawful transfer. Under the Undetectable Firearm Act the receiver as defined in the GCA is not restricted to be made of plastic or polymer or any non-metallic substance. The Undetectable Firearms Act was written to only prohibit the ability of a slide or barrel to be made that does not have the same detectability as the “security exemplar.”

Recently Government experts have been informing the media that a firearm must have the same amount of metal as a security exemplar made of 3.7 ounces of PH 17- 4 stainless steel. This is incorrect, the law does not require that the slide or barrel possess at least 3.7 ounces of PH17-4 stainless steel, the law requires the handgun must be as detectable under the equipment used in 1988, as the security exemplar. This is the misinformation that is being passed through the media. Whether they are getting the information through lawmakers or law enforcement bureaus, the research is not being conducted.

This watered-down version of the law was passed to protect manufacturers in heavy democrat voting districts and then appear that they are protecting citizens against terrorist. In 1988 and today, polymer firearms are made with metal slides and barrels. These polymer receivers do not have 3.7 ounces of PF 17-4 stainless or other metal in the “receiver” that is regulated in section 921(a)(3).

 

3D Misunderstanding:

Of course, once Cody Wilson made the Liberator pistol using a 3d printer and plastic, the antigun hysteria has reawakened. Numerous government agencies bought 3D printers and made a Liberator pistol with a file that was uploaded to the internet by Cody Wilson.

Then they did their own testing. The testing shows that the plastic barrel may withstand one or a few rounds of .380 caliber ammunition.3 Numerous other agencies made AR15 lower receivers and also tested them. With affordable and available 3D printing, the AR 15 receiver is a more viable firearm to make using a 3D printer. The difference in the AR receiver is that the receiver is not the part of the firearm that accepts the chamber pressure. The chamber pressure is captured in the steel barrel in the upper assembly. Of course, there are more expensive aluminum and steel 3D printers available, but the hobbyists are not going to purchase these to make a firearm. These versions of 3D printers will eventually be cost effective as technology advances.

Remember, the Liberator is a one-shot pistol that must be disassembled to be reloaded. The World Trade Center was destroyed by terrorists using boxcutters. Does the technology at the airport have the capability to pick up boxcutters?

The report prepared by a law enforcement agency on the Liberator informed Cody Wilson that if he made the Liberator pistol, he must install a 3.7 ounce piece of metal into the receiver. The following instruction was given:

The steel block recommendation reads as follows:

“Once the frame is finished, epoxy a 1.19×1.19×0.99″ block of steel in the 1.2×1.2×1.0″ hole in front of the trigger guard. Add the bottom cover over the metal if you don’t want it to show.

Once the epoxy has dried [sic], the steel is no longer removable, and is an integral part of the frame. Now your gun has 6 ounces of steel and is thus considered a ‘detectable’ firearm.” This is statutorily incorrect as 922(p) does not consider the firearm receiver the receiver. It considers the barrel and slide assembly the detectable portions. Additionally, this block of steel is not in the shape of a security exemplar and would not give off the satisfactory image required by the statute.

Cody Wilson should have been properly informed that the Liberator, having a smooth bore, is an “any other weapon” (AOW) under the National Firearms Act. If he were a licensed manufacturer of firearms and had paid the special occupational tax to make NFA weapons, he could properly register the Liberator as an “AOW”. Regardless of the registration, the barrel assembly must comply with 922(p) and have as much detectability as a 3.7-ounce 17-4 PH stainless steel security exemplar.

Since the invention of plastic firearms, there have been other designs of firearm receivers that could create an undetectable concern. Firearms manufacturers are currently making an internal metal chassis that is considered the firearm, and the polymer grip is only a housing. The following link shows a 80% pistol chassis for a Sig pistol for sale. https://www.1776supplyco.com/product/80-p320-pistol-frame/. The chassis, being the receiver, does not weigh 3.5 ounces nor will it show the same resonance as the security exemplar. Another example of a firearm that can be made with simple tools and with the receiver not being made of metal is the after-market Glock 80% receiver. https://www.glockstore.com/Spectre-Polymer80-Compact-Textured. These firearms are more available and easier to make than a 3D printed Liberator.

The real issue is the fact that our lawmakers and senior law enforcement heads do not know the subject or the laws that they pass. When asked what they are doing to fix a problem that does not exist, they create media hysteria by commenting with bizarre explanations.

Technology is advancing daily. Don’t view technology changing in a few years or even months. Think of it changing in a matter of days. The technology being used by the firearms industry is very critical to all aspects of its industry. All firearms built or provided for our military are developed by private firearms manufacturers. Our military and law enforcement do not have a firearm making capability. Therefore, firearms manufacturers, in an effort to sell their product to our military, invest hundreds of millions of dollars developing technology that benefits all sectors of U.S. manufacturing.

3D printing is a perfect example of advancing technology that was not being used to it’s potential in the manufacturing industry. Until Cody Wilson built the Liberator pistol, very few people even knew what 3D printing was or that the technology existed. Many sectors of all industry and manufacturing are now using 3D printing technology for development of different products. The cost of rapid prototyping and making new designs is decreasing rapidly.

Modern manufacturing is moving forward with new technologies and instead of trying to impede the progress by our lawmakers and law enforcement, people need to be looking for methods of detection. In 2003, I visited the Transportation Safety Administration Technology Center in Atlantic City, NJ. I met with senior personnel and discussed the types of technology that could detect supposed undetectable firearms and other undetectable items. At the time, the magnetometer that ATF owned for testing was so outdated, it could not be repaired and had not been used in several years.

In 2003, I received a lot of information regarding detection equipment and a lot of information regarding magnetometers. All of this was shared with management. Magnetometers that were in use by TSA in 2003 were technologically superior to the one that was used at the same time by FTB.   What technology is available in 2018? Previous magnetometers, as the model that FTB owned, were required to be able to detect a set of 3 specific weapons. The equipment that TSA had was sensitive enough to detect all polymer firearms, polymer knives and other weapons. Additionally, current magnetometers are calibrated on a daily basis.

Instead of fighting technology, embrace it. Use technology to defend against all threats and use the best detecting machines at the airport. A razor-sharp ceramic knife is a far superior and deadly weapon than a one or two-shot firearm that must be disassembled to be reloaded. If our airports do not have the proper equipment to detect these types of items, then our law makers should be fired. In closing, just imagine the historical impact on our law enforcement and military if our law makers had outlawed the use of plastic in the manufacturing of firearms.

 

Rick Vasquez

Former Assistant Chief/Acting Chief

ATF Firearms Technology Branch Current

Firearms Industry Advisor

 

http://articles.latimes.com/1988-04-26/news/mn-1594_1_plastic-gun https://www.washingtonpost.com/archive/politics/1986/05/15/the-deadly-truth-about-plastic- guns/d5d14631-ed41-4fb4-bf8c-63098269cabc/?utm_term=.1ad13948a40e.

2 https://www.congress.gov/bill/100th-congress/house-bill/4445/all-info

3 https://www.wired.com/story/a-landmark-legal-shift-opens-pandoras-box-for-diy-guns/

Attachment:

Title 18, U.S.C., Chapter 44, Section 922 (p)(1) It shall be unlawful for any person to manufacture, import, sell, ship, deliver, possess, transfer, or receive any firearm –

(A) that, after removal of grips, stocks, and magazines, is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar; or

(B) any major component of which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the Barium sulfate or other compounds may be used in the fabrication of the component.

(2) For purposes of this subsection –

(A) the term “firearm” does not include the frame or receiver of any such weapon;

(B) the term “major component” means, with respect to a firearm, the barrel, the slide or cylinder, or the frame or receiver of the firearm; and

(C) the term “Security Exemplar” means an object, to be fabricated at the direction of the Secretary, that is –

(i)constructed of, during the 12-month period beginning on the date of the enactment of this subsection, 3.7 ounces of material type 17-4 PH stainless steel in a shape resembling a handgun; and

(ii) suitable for testing and calibrating metal detectors:

Provided, however, That at the close of such 12-month period, and at appropriate times thereafter the Secretary shall promulgate regulations to permit the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of firearms previously prohibited under this subparagraph that are as detectable as a “Security Exemplar” which contains 3.7 ounces of material type 17-4 PH stainless steel, in a shape resembling a handgun, or such lesser amount as is detectable in view of advances in state-of-the-art developments in weapons detection technology.

 

 

 

EXTREMELY CRITICAL ALERT: Gun Control Tidal Wave About to Wreak Havoc on Pennsylvania Gun Owners

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Guest Author Kim Stolfer of Firearm Owners Against Crime

The gun control insanity that has gripped much of our nation has finally raised its’ ugly head here in PA. Next week (9/24-9/25) the Pennsylvania House of Representatives, spurred on by Speaker of the House Rep. Turzai, is slated to consider two bills that were tabled in June – HB 2060 & HB 2227.

These are both an affront to our Constitution at the state and federal level. What’s worse is that Republican Leadership KNOWS this just as they know both expand the power of government at the expense of the Due Process rights of the accused with HB 2227 creating an entirely ‘new’ section of law involving suspension of ‘Due Process’.

Over the summer, FOAC has worked diligently to examine both bills with some great attorneys and have attempted to convey this to other groups, gun owners and PA House members. On Thursday (the 20th of Sept.) we were told that a September Surprise (meaning gun owners were being stabbed in the back) was coming and that both HB 2060 & HB 2227 would see floor action on Sept. 24th & 25th respectively.

We have done EVERYTHING we can to stop this freight train but are told that UNLESS YOU (gun owners) speak out and DEMAND leadership pull these bills they WILL PASS. We as a group (gun owners) have been silent TOO DAMN LONG!! NOW we are faced with House Leadership and SE Republicans and a ‘Host’ of anti-gun Democrats who think they can ignore citizens’ rights along with the reality of all the major gun groups rallying around these two gun bills that will severely damage the short and long term rights of all citizens to be treated fairly in the halls of justice.

Below are just a FEW examples of the Flaws and Traps in these bills:
1. IF a PFA is issued on you and you don’t turn in ALL your firearms, other weapons ‘and’ ammunition within 24 hours you will go directly to jail for 6 months (HB 2060)
2. Completely ELIMINATES your ability to go to court and use the 3rd Party process to ‘legally’ surrender your firearms to a ‘friend or family’ member to keep them for you until the PFA is terminated (HB 2060)
3. Forces you to pay a storage fee on EACH gun kept at a gun dealer or ‘commercial armory’ for up to FIVE years (HB 2060)
4. Buy a gun, get reported and have your gun seized without ‘due process’ THEN to challenge this you MUST spend thousands of dollars on an attorney to go to court and ‘prove’ your innocence (HB 2227)
5. Lose your rights by being reported by even decades old acquaintances and your property seized ‘without due process’ and forced to spend thousands of dollars on an attorney to go to court and ‘prove’ your innocence (HB 2227)

See also Attorneys Joshua Prince and Adam Kraut’s Testimony before the House Judiciary Committee on these issues, as well!

The Talking Points on this legislation can be found below:
HB 2227 – https://foac-pac.org/uploads/talking_points/A-HB-2227-Extreme_Risk_Protection_Orders-FOAC-Review.pdf
HB 2060 – https://foac-pac.org/uploads/talking_points/A-HB-2060_pn3820-FOAC_Language_Problems-Final.pdf

I am going to close with the fact that this legislation is an Existential Threat to our rights and is a TURNING POINT for the Right to Keep and Bear Arms. We NEED and MUST HAVE your calls, e-mails and ‘presence’ in Harrisburg on Monday and Tuesday!

The straight forward message YOU MUST TELL PA HOUSE MEMBERS is to OPPOSE both bills! No Compromise, no Deals, no Amending either one as their core structure is irredeemably flawed.

Go HERE to find the contact information for EVERY PA HOUSE MEMBER: https://foac-pac.org/PA-Legislator-Info and to find House Committee members you can go here: https://foac-pac.org/PA-House-Committees – we’ve given you the tools so now this is a no ‘excuses’ moment! The apathy of gun owners has put ALL OF US in this predicament and we are now faced with a put up or shut up moment! We have done all we can to stop these bills and NOW it is up to you!!

Yours in Freedom,
Kim Stolfer, President
FOAC

EMERGENCY CALL TO ACTION – PA Firearm Rights in the Crosshairs! Only YOU can Prevent HB 2060 from being Enacted by the Senate

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Today, the Pennsylvania House of Representatives passed House Bill 2060, over voluminous objections, including the unconstitutionality of many provisions, due to numerous misstatements about the applicability of this Bill. Although the Pennsylvania General Assembly’s website has not been updated at the time of writing this article, you will be able to find the Representatives that voted in favor of HB 2060 in the near future, here.

You can find my prior testimony before the House Judiciary Committee on the issue with HB 2060 here (see pgs 76-78) and Firearm Owners Against Crime (FOAC)‘s review, which I co-drafted, of all the issues with HB 2060 here.

A viewer previously sent this communication to his Representatives:

Gentlemen:

As a law abiding firearms owner, and nearly a life-long resident of the Commonwealth, I urge you all – in the most respectful yet strongest terms – to oppose the following bills in your respective chambers: HB 2060, HB 2109, HB 2227, and SB 1141.

Every one of these proposed bills upends thousands of years of “due process” tradition and Natural Rights; not to mention being in direct conflict with Article 1, Section 21 of the Constitution of the Commonwealth of PA, and the Second Amendment to the U.S. Constitution, both of which you all once swore an oath to uphold.

These bills all represent a “solution in search of a problem” merely to placate a vocal minority whose members have been the primary perpetrators of nearly every mass shooting event – excepting terrorist actors – for the past 60 years.

Although it may be politically expeditious to promote this type of legislation, the long-term damage done is not worth the short-term benefit that may make ignorant people feel better, but in reality, only endangers those already law-abiding and seeking merely to be left alone with the ability to protect and preserve their own lives and those of their loved ones.

A famous Pennsylvanian once said: “Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” …Benjamin Franklin

I agree with his timeless words of warning, and pray for the sake of all current Pennsylvanians – and my children and grandchildren who live here too – that you do the same.

Thank you,

The bill will now be sent to the Senate and it is IMPERATIVE, if you cannot meet in person with your Senator, that you FAX at least your PA Senator, if not every Senator, and demand that they vote NO in relation to HB 2060. We understand that it takes more time and money to fax your representatives; however, it will ensure that your representative receives your communication and understands the importance to you of his/her vote on this matter. While there are numerous free-fax options, here is one to consider.

Please remember these House and Senate Members in the upcoming November election and, if you feel so inclined, in advance of the election, please take time to send them a correspondence informing them that due to their vote in favor of HB 2060, you will NOT be voting for them in November. Firearm Owners Against Crime (FOAC) has already informed all House Members that if they voted for HB 2060, FOAC would revoke its endorsement of them and intends to notify all Senators that if they vote in favor of HB 2060, their endorsement will likewise be revoked.

 

Firearms Law Seminar – November 10, 2018 at Trop Gun Shop

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On Saturday, November 10, 2018, from 10am – 2pm,  Chief Counsel Joshua Prince, Attorney Eric Winter, and Attorney Adam Kraut of Firearms Industry Consulting Group® (FICG®), a division of Civil Rights Defense Firm, P.C., in conjunction with Trop Gun Shop, will offer a four (4) hour seminar on state and federal firearms law at their store located at  910 North Hanover St, Elizabethtown, PA 17022. Lunch will be provided during the seminar.

To register, simply register online on Trop’s website. It is highly recommended that you register early, as last time it sold out fast.

 


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.

The Truth About HB 2060 That YOUR Representatives Don’t Want You To Know

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Yesterday, the Pennsylvania Senate passed HB 2060 (Prime Sponsor Marguerite Quinn, Republican Bucks), after declining to amend it to address the plethora of constitutional and statutory issues with it, while certain Senate and House Members misled other Members of the General Assembly and the public regarding it. Although all Members of the General Assembly were made aware of these issues through my prior testimony before the House Judiciary Committee and Firearm Owners Against Crime’s review, which I co-authored, numerous Members of the House of Representatives and almost all of the Senate elected to ignore these issues and enact an unconstitutional and statutorily conflicting bill. With the elections of all House Members and a number of Senators coming up in the next couple months, let’s review HB 2060.

The text of HB 2060, as passed by the House and Senate, can be found here. The first issue that arises is in relation to new section 6105(a)(2)(iv) which requires an individual to relinquish his/her firearms, if he she is subjected to a protection from abuse (“PFA”) order. Unlike other provisions in HB 2060, this provision does NOT specify that it is only in relation to a “final protection from abuse act order.” Thus, this provision applies to emergency and temporary PFAs, which are done ex parte, in the absence of all forms of due process. And let us not forget the Cambria County man, who, as a result of a vindictive PFA, was required to turn over his 306 firearms, only for the Court to find that the temporary PFA was baseless; yet, he received a bill for over $1200 for the Sheriff Departments procurement of his firearms, even though he was not provided an opportunity to be heard, before being stripped of his constitutional rights. he then had to retain counsel to fight the bill and for his firearms to be returned to his home, where they were seized from. Of course, those Members that voted in favor of HB 2060 don’t care if constitutional rights are stripped of an individual, in the absence of due process, and where, after due process is provided and the individual is vindicated, that we place costs upon them for having done nothing unlawful or wrongful. It is due to the fact that an individual must be provided due process, before being stripped of a constitutional right, that the U.S. Congress specified in enacting 18 U.S.C. § 922(g)(8) that the prohibition is only triggered if the protection order “was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate.” See, Mathews v. Eldridge, 424 U.S. 319 (1976)

The following addition, 6105(a.1)(2), make abundantly clear that it is in relation to temporary PFAs, as it specifies that it will be a misdemeanor of the second degree if any individual subjected to a PFA pursuant to 23 Pa.C.S. § 6107(b) – which specifically addresses temporary order – fails to surrender his/her firearms. This is reiterated in revised section 6105(c)(6), which again cites to 23 Pa.C.S. § 6107(b). And then, there is the explicit provision added to Title 23, section 6108, that declares:

The court’s order shall require the defendant to relinquish such firearms, other weapons, ammunition and any firearm license pursuant to the provisions of this chapter within 24 hours of service of a temporary order or the entry of a final order or the close of the next business day as necessary by closure of the sheriffs’ offices, except for cause shown at the hearing, in which case the court shall specify the time for relinquishment of any or all of the defendant’s firearms.

But, your Members of the General Assembly told you that an individual cannot be stripped of his/her constitutional right in the absence of due process, right? Well, if so, they lied to you.

Moreover, anyone convicted of failing to turnover his/her firearms will be prohibited for a five year period, pursuant to new section 6105(c)(10).

New section 6105.2 now requires the individual to relinquish his/her firearms within 24 hours following a domestic violence conviction. Interestingly, it does not require a final conviction; thus, one would seemingly be stripped of his/her constitutional right, prior to a final determination (i.e. all appeals being exhausted). New section 6105.2(c) addresses relinquishment to a federal firearms licensee (“FFL”), but unlike later provisions, does not provide the right to relinquish to a “commercial armory” or attorney.  HB 2060 also provides that if the individual initially relinquishes to a law enforcement agency, he/she may request, but only once and provided it is done within six months of relinquishment, that the firearms be transferred to an FFL.

And just to make sure that the constitutional rights of the citizens of the Commonwealth would be violated, new section 6128 is enacted, which addresses “Abandonment of firearms, weapons or ammunition.” This section, in violation of numerous constitutional provisions, including due process and the takings clauses, actually provides that if the individual (or his/her attorney) does not make a written request for return of his/her firearms within one year, the firearms, weapons and ammunition shall be deemed abandoned. Better yet, it allows the law enforcement or other agency in possession of the firearms, weapons or ammunition to reap the rewards of declaring the items abandoned by permitting them to sell the items and to pocket the proceeds. While there is a “limitation” section where limited notice is required, due to the way in which it is drafted, it would only seemingly only apply, where a law enforcement or other agency came into the possession of a firearm through means other than the lawful relinquishment of the firearms, as provided for in new section 6128(a)(2). In essence, this only provides notice to a 3rd party, who turns in a firearm, weapon or ammunition that belongs to someone subjected to a PFA. Hence, the person who has the property interest in the firearm, weapon or ammunition is not provided notice. More importantly, as previously held by the U.S. Supreme Court in Henderson v. United States, 135 S.Ct. 1780 (2015), even where an individual is prohibited from purchasing and possessing firearms, he/she still retains an property interest in firearms previously acquired and the Government does not procure a property interest in the property merely because the individual has become a prohibited person.

In turning to the amendments to Title 23, we now see a new entity specified (which is not specified in Crimes Code, i.e. Title 18, provisions) which is a “commercial armory.” A commercial armory is defined as “[a] for profit entity which holds the appropriate federal and state licenses to possess and secure firearms of third persons.” This is comical, as there is no state or federal license to “possess and secure firearms.” In fact, neither the statutory nor regulatory law provide for FFLs to merely store firearms; rather, the law provides that an FFL may – depending on licensing – transfer, sell, manufacture, import or perform gunsmithing in relation to firearms and ammunition. Moreover, if you look at the state licensing provision – 18 Pa.C.S. § 6113 – it is only in relation to the sale of firearms. Thus, setting aside that there is no such allowance in the amendments to the Crimes Code and even limiting the issues to the state licensing, it is an impossibility to comply with this provision. Even more interesting, if a commercial armory violates any provision, HB 2060 provides that it forfeits its “federal and state licenses”; yet, the state lacks any legal authority to forfeit a federal license. It would seem that our elected representatives that voted for this bill have the Supremacy Clause of Article IV, Section 2 to the U.S. Constitution, backwards, but that isn’t surprising given their lack of comprehension for the U.S. and Pennsylvania Constitutions.

Another similar issue arises in relation to the amendments to Title 23 permitting an attorney that represents the defendant to seek a third-party safekeeping permit, even though an attorney is not specified in the amendment to Crimes Code. But, our elected representatives shouldn’t let those pesky issues bother them, right?

Then, we turn to the separation of powers issue, where the Legislature requires that the Judiciary, in every final order, “must direct the defendant to refrain from abusing, harassing, stalking, threatening or attempting or threatening to use physical force against the plaintiff or minor children and must order that the Defendant is subject to the firearms, other weapons or ammunition and firearms license prohibition relinquishment provisions” regardless of whether any basis for this language exists.

With many elected representatives that do little more than pay lip-service to the U.S. and Pennsylvania Constitutions, it is imperative that the voters remember several things in relation to the upcoming elections in November:

  1. The Prime Sponsor of HB 2060 is Marguerite Quinn, an alleged Republican, who is running for the PA Senate.
  2. All Members of the House of Representatives are up for re-election in November. You can find all the House Members that voted in FAVOR of HB 2060 here. Likewise remember those 63 House Members, who ardently defended the U.S. and Pennsylvania Constitutions by voting AGAINST HB 2060, such as Representatives Aaron Bernstine, Russ Diamond, Jerry Knowles, David Maloney, Daryl Metcalfe, Jeff Pyle, Rick Saccone and Dave Zimmerman.
  3. Half of the Members of the Senate are up for re-election in November. You can find all the Senate Members that voted in FAVOR of HB 2060 here. Likewise, remember those 5 Senates Members, who ardently defended the U.S. and Pennsylvania Constitutions by voting AGAINST HB 2060. They are Senators Camera Bartolotta, John Eichelberger, Scott Hutchinson, Elder Vogel, and Kim Ward.

 

 

Unlawful Use of Unmanned Aircraft Bill to be Signed into Law

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UPDATE: Governor Wolf signed HB 1346 on October 12, 2018 and it became Act 78.

Today, Representative Jeff Pyle‘s Unlawful Use of Unmanned Aircraft bill, HB 1346, was signed in the House, after passage in both the Pennsylvania House and Senate, and is expected to be signed by Governor Wolf in the near future.

This bill criminalizes the intentional or knowing use of unmanned aircraft (i.e. drones) to conduct “surveillance of another person in a private place” (defined as a “place where a person has a reasonable expectation of privacy”), to “operate in a manner which places another person in reasonable fear of bodily injury”, and to “deliver, provide, transmit or furnish contraband.” Of course, there is a law enforcement, government agency employee, firefighter, emergency medical responder and “electric, water, natural gas or other utility employee” exception; however, the need for such exceptions are questionable, unless law enforcement or firefighters are now running contraband to individual in PA, like ATF did in Fast and Furious. Also, permitting these individuals to surveil another person in a private place, in the absence of a warrant, would be in violation of the Fourth Amendment to the U.S. Constitution. Knowing Representative Pyle, I am 100% sure that these were not his idea, as he is an ardent protector of both the U.S. and Pennsylvania Constitutions.

Of significant importance to our unmanned aircraft viewers, it also provides a preemption provision; whereby, all municipalities (defined as including counties, cities, boroughs, towns, townships..etc) are precluded from enacting and regulating the “ownership or operating of unmanned aircraft.” I have to applaud Representative Pyle for this all inclusive language – the only additional provision I would have liked to have seen was an attorney fee provision for any municipality that unlawful enacts or enforces any unmanned aircraft policy, regulation, or ordinance.


$500k Settlement APPROVED Against Philadelphia Regarding Disclosure of Confidential License to Carry Firearms Information Through Postcards

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I am proud to announce that today, Judge Linda Carpenter signed a Final Order approving the settlement that was reached with the City of Philadelphia in the matter of A.R., et al.,  v. City of Philadelphia, et al, Philadelphia Court of Common Pleas docket no. 151201740, stemming from the City’s disclosure of confidential license to carry firearms (“LTCF”) applicant information through the use of un-enveloped postcards. You can find out more information about the class action lawsuit on the class administrator’s website – http://www.philaltcfclassaction.com/default.aspx.

As a result of the Settlement, the City will pay $500,000 to the 988 class members, who were sent un-enveloped postcards and will be separately responsible for the costs of administering the settlement. Further, and of similar importance, the City has agreed to several policy changes, which can be found starting on page 11 of the Settlement Agreement, including:

  1. Not to send, in any form, un-enveloped postcards containing LTCF applicant or license holder information;
  2. Not to utilized unprotected sign-in sheets, which contain LTCF applicant or license holder information (but does permit them to request initials); and,
  3. Not to verbalize the name or current address of LTCF applicants in a location where non-authorized personnel can hear such information;

A copy of the Final Order is available here. All class members entitled to payment, barring any appeal, should start to receive their checks in very late November/early December.

If your confidential license to carry firearms information has been disclosed, 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.

Firearms Law Seminar – December 1, 2018 at King Shooter Supply!

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On December 1, 2018, 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 10am-2pm, 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.





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