FPC, FPF Secure Preliminary Injunction Against Pennsylvania State Police

[ArmyVet]

FPC, FPF Secure Preliminary InjunctionAgainst Pennsylvania State Police ‘Partially Manufactured Receivers’ PolicyFollowing Attorney General Josh Shapiro’s December 2019 “Legal Opinion”,Mandate

HARRISBURG, PA (January 31, 2020) — Today,Judge P. Kevin Brobson of Pennsylvania’s Commonwealth Court issued a 17-pageopinion and order enjoining Pennsylvania State Police (PSP) CommissionerColonel Robert Evanchick and his agents, servants, and officers “fromimplementing or enforcing PSP’s new policy addressed to partially manufacturedreceivers…” PSP issued and enforced the now-blocked policy after being directedto by Attorney General Josh Shapiro in an opinion issued last month. TheCourt’s opinion and order are available atFPCLegal.org.
Just 4 days after Shapiro’s ‘legal opinion’was published, Firearms Policy Coalition (FPC) Law filed a lawsuit and soughtan emergency injunction on behalf of its members and co-petitioners LandmarkFirearms LLC, US Rifle LLC, and Polymer80, Inc. The petitioners wererepresented by attorney Joshua Prince, Chief Counsel of Civil Rights DefenseFirm, P.C., at the January 21 preliminary injunction hearing.

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The “indefiniteness of PSP's new enforcementpolicy on what constitutes a firearm in this Commonwealth creates the potentialfor arbitrary and discriminatory enforcement,” Judge Brobson explained intoday’s opinon. “The public policy of this Commonwealth does not favor suchvague laws.” And while there “are many ills that our society faces, andgovernment can be an effective force in combatting them,” the “laudableintentions and policy goals of a government agency, however, cannot overridelimits on governmental power. Simply put, the ends cannot justify the means.”
“Under the PSP’s policy, good, law-abidingpeople and businesses were threatened with numerous criminal and civilpenalties for things that not even the State Police could define. Today, theCommonwealth Court found that the PSP’s policy violated the constitutionalrights of our clients and others,” commented Prince about the ruling. “We aregratified by the Commonwealth Court’s appropriate and sound decision enjoiningthe Pennsylvania State Police from enforcing its new policy regarding what itrefers to as ‘partially manufactured frames and receivers.’”

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“Today’s order protects people from adangerously vague interpretation of the law. As the Court pointed out, a law isvoid on its face if it is so vague that a person of common intelligence mustguess as to its meaning,” explained FPC Director of Legal Strategy andco-counsel, Adam Kraut. “Attorney General Josh Shapiro and the PSP attempted toshoehorn a radical expansion of the law into the definition to suit a politicalagenda. But nowhere in the Uniform Firearms Act nor its regulations are theterms ‘frame’ or ‘receiver’ defined. We are delighted with this positivedevelopment and look forward to further litigating on behalf of the People, civilrights, and individual liberty.”
Individuals and others who wish tosupport the case can join FPC atJoinFPC.org or make a tax-deductible donation to Firearms Policy Foundation(FPF) at FPFLegal Action. Further information is available at JoshShapiroIsATyrant.com.

FirearmsPolicy Coalition (www.firearmspolicy.org)is a 501(c)4 grassroots nonprofit organization. FPC’s mission is to protect anddefend the Constitution of the United States, especially the fundamental,individual Second Amendment right to keep and bear arms, advance individualliberty, and restore freedom.
FirearmsPolicy Foundation (www.firearmsfoundation.org)is a 501(c)3 grassroots nonprofit organization. FPF’s mission is to defend theConstitution of the United States and the People’s rights, privileges, andimmunities deeply rooted in this Nation’s history and tradition, especially theinalienable, fundamental, and individual right to keep and bear arms, throughresearch, education, legal action, and other charitable programs.

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Sweet..

[Square Bag]

Yeah baby, groups that get results.

[alpacaheat]

Keep the pressure on them. Shapiro's "opinion" should not stand legally.

[Wilderness 1864]

Great work!

The whole set up was not surprising, but still disturbing. Seeing Wolf and Shapiro try this stunt is what they do as tyrants in disobedience of the law -- as witnessed by their support of criminal violations of the preemption statutes. We have come to expect that. Clearly the PASP have been entirely politicized by the Democrats under Wolf. Since when does the head of the State Police get to make the law in conjunction with the AG? The PASP cow towed to the Democrats and showed that their allegiance is NOT to the Commonwealth Constitution or the citizens, but to the Democrat Party. The PASP are partisan enforcers of Democrat policy, not even of the law.