Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
In an updated list of Life Sustaining Businesses published at 2:30 PM on March 24, 2020, Pennsylvania Governor Wolf has declared that Federal Firearm Licensees, currently referred to as gun dealers, constitute life-sustaining businesses, due to the concurring and dissenting opinion of Pennsylvania Supreme Court Justice David Wecht, joined by Justices Donohue and Dougherty in Civil Rights Defense Firm, P.C., et al. v. Governor Wolf.
Specifically, under Trade, Transportation & Utilities, subsection Retail Trade, sub-subsection Sporting Goods, Hobby, Book, & Music Stores, it now provides:
Except that firearms dealers may operate physical businesses on a limited basis to complete only the portions of a sale/transfer that must be conducted in-person under the law, subject to the following restrictions: 1) all such sale/transfers will be conducted by individual appointment during limited hours only so as to minimize social interactions and congregating of persons; 2) the dealer will comply with social distancing, sanitization of applicable area between appointments, and other mitigation measures to protect its employees and the public.
This language is consistent with the Wecht Dissent, which, after declaring “that it is incumbent upon the Governor to make some manner of allowance for our citizens to continue to exercise this constitutional right,” states:
This need not necessarily take the form of a generalized exception to the Order for any and all firearm retailers, although such retailers have been classified as “essential” elsewhere in our Nation. To the contrary, just as the Governor has permitted restaurants to offer take-out service but restricted dine-in options, the Governor may limit the patronage of firearm retailers to the completion of the portions of a transfer that must be conducted in-person. Such an accommodation may be effectuated while preserving sensible restrictions designed to slow the spread of COVID-19, but nonetheless provide a legal avenue for the purchase and sale of firearms, thus avoiding an impermissible intrusion upon a fundamental constitutional right.
As some of you may be aware, Justice Wecht issued his Dissent, while he and his family are self-quarantined due to COVID-19.
Please join us in thanking Justices Wecht, Donohue, and Dougherty for being beacons of liberty in these times that try men’s souls and congratulating Chief Counsel Joshua Prince of the Civil Rights Defense Firm, P.C. for instituting the legal action that has resulted in Governor Wolf finding that gun dealers are life sustaining.
If you’d like to donate to support all the time and cost that Civil Rights Defense Firm, P.C. has expended in the underlying litigation, you can do so here – https://secure.lawpay.com/pages/civilrightsdefensefirm/trust. Just place Donation in the reference field.
If you or someone you know has had their rights violated by a Government agency, contact Civil Rights Defense Firm 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 take 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.