PA Bill Number: HB1764
Title: In inchoate crimes, providing for the offense of possession of firearm or other dangerous weapon in public recreation area.
Description: In inchoate crimes, providing for the offense of possession of firearm or other dangerous weapon in public recreation area. ...
Last Action Date: Aug 20, 2019
Governor Wolf and Pittsburgh City Council Conspire With Anti-Gun Organizations to Violate the Law and PA Constitution :: 12/15/2018
Yesterday, Governor Wolf and members of the Pittsburgh City Council held a press conference, joined by anti-gun organizations, including Moms Demand Action and CeaseFirePA, where they proposed new anti-gun ordinances, which they even acknowledged are precluded by state law but undaunted by the illegality of such proposals, were going to enact them anyway, in a hope that the courts would elect to usurp the General Assembly’s authority. Governor Wolf even issued a press release, with the proposal’s attached.
Since 1974, local forms of government have been preempted in Pennsylvania from enacting firearm (and later, ammunition) restrictions or regulation, pursuant to 18 Pa.C.S. 6120. Moreover, since its enactment in 1974, it has been a misdemeanor of the first degree, pursuant to 18 PA.C.S. 6119, for any local government to violate the state preemption statute.
In fact, an almost identical assault weapon ordinance was previously held unlawful by the Commonwealth Court in NRA v. City of Philadelphia. More recently, I was successful in having the Commonwealth Court declare that the City of Erie was precluded from banning firearms in public parks and that Lower Merion Township was barred from enacting a firearm discharge ordinance. Thus, there can be no dispute that the enactment of these proposed ordinances have already been ruled unlawful, pursuant to Article 1, Section 21 of the Pennsylvania Constitution and 18 Pa.C.S. 6120.
Yet, that has not dissuaded the Governor and Members of the Pittsburgh City Council from conspiring to enact unlawful ordinances, which would additionally constitute a violation of 18 PA.C.S. 5301 – Official Oppression, as well as, the inchoate offenses of solicitation, conspiracy and attempt. Section 5301 provides:
A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:
(1) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights;
(2) denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.
Setting aside the criminal conduct of Governor Wolf and Members of the Pittsburgh City Council, it is extremely interesting that Governor Wolf is supporting these proposals, which include requiring photo identification to be produced for the purchase of ammunition, when the Governor opposes voters having to produce any form of photo identification.
Unfortunately, as neither the Governor nor Members of the Pittsburgh City Council seem to care about their blatant violation of the Pennsylvania Crimes Code, given their stated intent to enact these proposals, it appears that it will become necessary to file suit against them. Thankfully, Allegheny County Sportsmen’s League (ACSL) and Firearm Owners Against Crime (FOAC) are already preparing to file suit against the City of Pittsburgh; however, given the backing that the City has from Moms Demand Action, CeaseFirePA..etc., it is anticipated that this litigation will be extremely expensive. Thus, if you are able to contribute to the litigation, you can do such by going here – https://secure.lawpay.com/pages/civilrightsdefensefirm/trust – and simply placing in the reference field: Pittsburgh Firearm Preemption Litigation
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.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to taking this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon. I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with: - License to Carry Firearms Denials; - Challenges to Erroneous PICS Denials; - Relief from Firearms Disabilities; - Estate Planning Advice; - Gun/NFA Trusts; and - 42 USC 1983 Actions for Deprivation of Civil Rights At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding: - ATF Compliance Inspections; - Warning Letters and Hearings; - FFL Revocations; - Corporate Structure Advice - Indoor/Outdoor Range Implementation; and - Forfeiture Proceedings In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI). While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2. You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth. Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL). View all posts by Joshua Prince, Esq.