Pennsylvania Firearm Owners Association
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  1. #1
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    Default PA Supreme Court Refuses to Hear Lower Merion Preemption Appeal

    For those that have been following FOAC's challenge to Lower Merion's unlawful firearm possession and discharge regulations, today the PA Supreme Court has declined to hear Lower Merion's Petition for Allowance of Appeal - https://blog.princelaw.com/2017/07/1...m-regulations/
    Joshua Prince, Esq. - Firearms Industry Consulting Group - www.PaFirearmsLawyer.com

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    Default Re: PA Supreme Court Refuses to Hear Lower Merion Preemption Appeal

    So not being a lawyer and such... Preemption was upheld and the Township cannot control or post signage against the legal carry of firearms on their properties?
    Retired US Army
    NRA Life Member, USCCA
    "Artificial intelligence is no match for Natural Stupidity"

  3. #3
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    Default Re: PA Supreme Court Refuses to Hear Lower Merion Preemption Appeal

    Quote Originally Posted by Parrisk View Post
    So not being a lawyer and such... Preemption was upheld and the Township cannot control or post signage against the legal carry of firearms on their properties?
    From what I read on the blog, it appears LM has no standing in the matter any more. And, to answer your question, Yes.
    "Those who make peaceful revolution impossible will make violent revolution inevitable"

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    Default Re: PA Supreme Court Refuses to Hear Lower Merion Preemption Appeal

    Quote Originally Posted by Parrisk View Post
    So not being a lawyer and such... Preemption was upheld and the Township cannot control or post signage against the legal carry of firearms on their properties?
    Yes and they cannot regulate discharge of a firearm on their properties.
    Joshua Prince, Esq. - Firearms Industry Consulting Group - www.PaFirearmsLawyer.com

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    Default Re: PA Supreme Court Refuses to Hear Lower Merion Preemption Appeal

    As one of your critics in the past, your recent victories in court have been great. Hopefully a few more come.

    I wonder if the lawful/unlawful distinction could be used to axe the stolen gun reporting requirements some municipalities enact since they claim they're only regulating unlawful possession.
    Slaves don't own arms; free men do.

  6. #6
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    Default Re: PA Supreme Court Refuses to Hear Lower Merion Preemption Appeal

    Quote Originally Posted by DreadPirateMoyer View Post
    As one of your critics in the past, your recent victories in court have been great. Hopefully a few more come.

    I wonder if the lawful/unlawful distinction could be used to axe the stolen gun reporting requirements some municipalities enact since they claim they're only regulating unlawful possession.
    Thanks. I have a couple more in the pipeline, including whether a 302 is constitutionally sufficient to strip someone of a constitutional right - i.e. right to keep and bear arms.

    Lost and stolen was already dealt with by the Commonwealth Court and held to be violative of Section 6120 in Clarke v. House of Representatives, 957 A.2d 361 (Pa. Cmwlth. Ct. 2008). In both Clarke and National Rifle Ass’n v. City of Philadelphia, 977 A.2d 78 (Pa. Cmwlth. 2009) the Commonwealth Court held that local government cannot regulate even consistent with the UFA.
    Joshua Prince, Esq. - Firearms Industry Consulting Group - www.PaFirearmsLawyer.com

  7. #7
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    Thumbs up Re: PA Supreme Court Refuses to Hear Lower Merion Preemption Appeal

    People always ask me why i never smile.
    I TELL THEM IT'S BECAUSE MY CORPSE IS STILL BREATHING AND THEY DON'T FUCKING GET IT!

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    Default Re: PA Supreme Court Refuses to Hear Lower Merion Preemption Appeal

    Quote Originally Posted by Parrisk View Post
    So not being a lawyer and such... Preemption was upheld and the Township cannot control or post signage against the legal carry of firearms on their properties?
    In 2011, Lower Merion Township (Township) passed an ordinance amending section 109-16 of its Code (Ordinance)
    to prohibit persons from “carry[ing] or discharg[ing] firearms of any kind in a park without a special permit, unless exempted.” Lower Merion To
    wnship, Pa., Code 109-16. The Ordinance imposes a maximum fine of $600.00 per violation and authorizes the police to remove violators from Township parks or recreation areas.


    They can't use governmental power to regulate gun possession. But see Footnote 9 of the Erie case.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
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    Default Re: PA Supreme Court Refuses to Hear Lower Merion Preemption Appeal

    Well done Mr. Prince! Thank you for all that you do!
    Life has a melody.

  10. #10
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    Default Re: PA Supreme Court Refuses to Hear Lower Merion Preemption Appeal

    Quote Originally Posted by GunLawyer001 View Post
    [I]
    They can't use governmental power to regulate gun possession. But see Footnote 9 of the Erie case.
    I know much to your disappointment, Lower Merion did argue, consistent with FN 9, that they were permitted to regulate as a private property owner and the Commonwealth Court ruled against them, although the author of FN 9, Judge Pellegrini, filed a dissenting opinion stating that they should be able to regulate as a private property owner. On their Petition of Allowance of Appeal, Lower Merion again, now with support from Harrisburg and Philadelphia as an Amici, focused on their right to regulate as a private property owner and the PA Supreme Court wasn't inclined to agree with them, so the Court declined to hear their appeal. It sure would be nice if others would submit amici briefs in OUR favor at least from time to time - but, alas, it seems like I am the only one that gives significant amounts of my time to the cause to ensure that our rights are protected.
    Last edited by SigForLife; July 12th, 2017 at 01:49 PM.
    Joshua Prince, Esq. - Firearms Industry Consulting Group - www.PaFirearmsLawyer.com

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