FIREARMS INDUSTRY CONSULTING GROUP
A Division of Civil Rights Defense Firm, P.C.
August 14, 2024
Phone: 888-202-9297 Fax: 610-400-8439
RE: Consideration of Discharge Ordinance
Dear Chairwoman Gardsy and Members of the Board,
I have been retained by Firearm Owners Against Crime - Institute for Legal, Legislative and Educational Action (FOAC-ILLEA) regarding your consideration of a recently proposed firearm discharge ordinance. As explained infra, the proposed ordinance is unlawful and its enactment constitutes a criminal offense.
18 Pa.C.S. § 6120 provided, in relevant part,
(a) General rule. No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.
Pursuant to 18 Pa.C.S. § 6119, "an offense under this subchapter constitutes a misdemeanor of the first degree," which, pursuant to 18 Pa.C.S.§ 106(b)(6), provides for a maximum of sentence of five (5) years. Furthermore, pursuant to 18 Pa.C.S. § 5301, any city official who "impedes another in the exercise or enjoyment of any right or privilege" is guilty of official oppresson, a misdemeanor of the second degree, which is punishable by up to two (2) years in jail.
Full Letter:
https://blog.princelaw.com/wp-content/uploads/2024/08/barrett-township-preemption-letter.pdf
Further Reading:
PA Supreme Court Issues Political, Non-Judicial, Decision Regarding The Second Amendment
https://blog.princelaw.com/2024/02/22/pa-supreme-court-issues-political-non-judicial-decision-regarding-the-second-amendment/
FOAC-ILLEA Challenges Unlawful Firearm Discharge Ordinance in Pen Argyl
https://blog.princelaw.com/2024/07/08/foac-illea-challenges-unlawful-firearm-discharge-ordinance-in-pen-argyl/
