FPC Seeks Emergency Injunction to Prevent Enforcement of Pennsylvania AG’s 80% Lower Ruling

Firearms Policy Coalition

[ED: See TTAG’s earlier post on Pennsylvania AG Josh Shapiro’s ruling here.]

HARRISBURG, PA (December 20, 2019) — Today, Firearms Policy Coalition (FPC) announced the filing of a petition and emergency motion in the Commonwealth Court of Pennsylvania seeking an injunction against Pennsylvania State Police (PSP) Commissioner Colonel Robert Evanchick following Attorney General Josh Shapiro’s press release and unlawful gun ban opinion mandating that PSP treat non-firearm objects and materials as regulated firearms. The court filings are available at pafirearmcase.com and FPCLegal.org.

Along with Attorney General Shapiro publishing his misguided December 16 opinion, the PSP modified its “Instant Check System” website to include a new rule the Commissioner apparently began enforcing on December 16. The rule in pertinent part says that, “[a]s of 12-16-19, the sale of partially-manufactured (often referred to as 80%) frames and receivers and kits which include the same, requires a background check through the Pennsylvania Instant Check System, in accordance with the Attorney General’s binding opinion and applicable requirements within the [Uniform Firearms Act].  No sales may occur by a licensed firearms dealer without such a check. PSP is not yet ready to process such checks. . .”

Petitioners include Landmark Firearms LLC of Newville, Pennsylvania, US Rifle, LLC of Dublin, New Hampshire, Polymer80, Inc. of Dayton, Nevada, and FPC. Representing the petitioners are Joshua Prince, Chief Counsel of Firearms Industry Consulting Group, a division of Civil Rights Defense Firm, P.C., and FPC Director of Legal Strategy Adam Kraut.

“PSP Commissioner Evanchick’s unprecedented actions to conspire with Pennsylvania Governor Wolf and Attorney General Shapiro and turn law-abiding Pennsylvania residents and others into criminals with a stroke of a pen defies the Pennsylvania Constitution and the rule of law,” said Prince. “As the Pennsylvania Supreme Court has declared, our State Constitution protects against the arbitrary exercise of unnecessary and uncontrolled discretionary power, and only the Pennsylvania General Assembly has the power to make law. It is truly a sad day for our Commonwealth when our top elected officials, who swear an oath to uphold and defend the Pennsylvania and U.S. Constitutions violate them with both impunity and zeal.”

“Rule by executive fiat was rejected by the Thirteen American Colonies, including Pennsylvania, when they declared independence from England, and we reject such lawlessness today,” explained Kraut. “The Attorney General’s revisionist legal opinion adds an entire class of inanimate objects to the definition of ‘firearm’ under Pennsylvania law that the General Assembly never considered, nor intended. As such, we are requesting the Commonwealth Court to enjoin Commissioner Evanchick and his Pennsylvania State Police from implementing and enforcing any policy or practice that would follow the Attorney General’s misguided definitional structure.”

Individuals and others who wish to support the case can join FPC at JoinFPC.org or make a tax-deductable donation at bit.ly/fpf-donate.

Firearms Policy Coalition (www.firearmspolicy.org) is a 501(c)4 grassroots nonprofit organization. FPC’s mission is to protect and defend the Constitution of the United States, especially the fundamental, individual Second Amendment right to keep and bear arms, advance individual liberty, and restore freedom.

 

comments

  1. avatar KRP says:

    Why is it ALWAYS democrats who push this bullcrap about banning guns? It is almost another derangement syndrome. I literally watched last week at the shooting stall next to me as a father brought his son and anti-gun girlfriend to the range to shoot. She literally poked at the handgun while it was unloaded on the table facing downrange thinking that if she poked it much like a dead animal it would magically come to life and kill people. This mentality has spread by the misinformation afforded by these antigun anti Constitutional zealots. They know damn well that it is only because we can possess guns that they can’t go all totalitarian on us with them getting hurt.

    1. avatar Erik in AZ says:

      They want to ban them because they will soon be passing laws that will make us want to use them…

      1. avatar GS650G says:

        They cant have armed people with what they have planned.

    2. avatar Hannibal and the Elephants says:

      I say it is time to hit them back where it really hurts, and do it for the hundreds of thousands of dead children, ban abortion. Push it hard and relentlessly; don’t give them pause to regroup.

      1. avatar Make Everything Terrible Again says:

        Yeah, great. Let’s have more “government-is-my-husband” mad mommies and welfare leeches.

  2. avatar D says:

    Your last statement answered your first question…IJS.

  3. avatar Erik in AZ says:

    The Miller case made clear that military grade weapons were specifically protected by the 2nd. Any weapon suitable for military use is suitable and protected for United States citizens. The Heller case made clear the right to own and carry (keep and bear) firearms is a individual right not subject to participation in the militia (which all able bodied Americans belong to anyhow). It also stated classes of firearms could not be banned if they were in common lawful use by the public. This ruling thereby forbid any ban on pistols, AR15’s, shotguns, bull pup rifles, etc. It likewise protected commonly owned magazines such as the standard 30 round M-4 magazine. The McDonald case made it clear that the right to bear arms must be recognized by the states as well as the federal government.

    SCOTUS needs to wrap it all into one clear decree that all the gun grabbers can understand. Citizens have the right to buy, build, or own, (keep), carry openly or concealed in public, (bear), any weapon they choose that may or may not be used by the military, including all military service weapons, so long as they are not prohibited persons as already established by law. Exercising this right does not require permission, nor can it legally be subject to a fee, tax or license/permit. All FOID CARDS, CCW permits, premises permits, etc, are unconstitutional, just as a poll tax is unconstitutional. The weapons citizens may choose to own and carry are not limited to those that existed 200 years ago, or to those in existence today. The right will protect weapons such as lasers and plasma cannons, and tools we have not yet even imagined. Any weapon that can be carried and employed as a personal defensive weapon is protected. Any law a government seeks to pass that may potentially infringe on this right must be subjected to strict scrutiny, not intermediate scrutiny or any type of balance test. It is not for the government to decide what form or type of weapon will best suit a citizen’s need to defend him or herself, but for the citizen alone to determine.

    1. avatar I Haz A Question says:

      I’ll take “what is the long attorney-friendly version of the Second Amendment for $600, Alex”…

      1. avatar SAFEupstateFML says:

        Unfortunately the laws are seen more as a challenge to those who seek control.

      2. avatar Hannibal and the Elephants says:

        Ding! Ding! Ding! You hit a Daily Double!

        1. avatar James Campbell says:

          I would like to make it a true daily double Alex………What is “Why are citizens not allowed to own full auto MSRs?”

    2. avatar Ed Schrade says:

      And all these frivolous laws that are contrary to these decisions should result in the removal from office of all elected officials involved in this illegal activity. All those with law degrees that write and push these unconstitutional ruses should be disbarred. This should qualify for illegal acts against the citizens rights and should be prosecutable.

      1. avatar Hannibal and the Elephants says:

        Bring back Capital Punishment for treason. Repeal the Criminal Justice Act 1990 now.

        1. avatar James Campbell says:

          What?
          I made a few posts weeks ago along this line and they were removed almost immediately.

  4. avatar moreadventuresonotherplanets says:

    Partially made receivers should be banned as soon as possible. If you are not a criminal, crook or part of the nut case Paramilitary Lunatic Fringe then there should be no problem going through a background check. This is yet just another way prohibited people can get guns with no paperwork. Its pure insanity. I am guessing in 2020 this madness will soon be legislated on the Federal Level into extinction and it cannot come soon enough with all the school shootings. The last school shooting was with a ghost gun.

    There is no legitimate reason to allow ghost guns to be made. They have no serial number, they are not traceable , they are a way gangs and nut cases can get all the firepower they want.

    Only the dregs of society , the nut cases, the paramilitary lunatic fringe and lunatics of society claim they should be legal. They have no place in a civilized society and no other industrialized civilized society allows them, that should tell even the retarded something is really insane about our current system. It seems to be run by lunatics and unfortunately current is.

    1. avatar DrewN says:

      Define “partially made receiver”.

      1. avatar moreadventuresonotherplanets says:

        Contact the ATF they will be glad to explain it to you.

        1. avatar I Haz A Question says:

          You evaded the question, Vlad. He asked YOU. Define it.

          No?

          I’ll give the answer, then. It’s either a receiver, or it’s not. Even the ATF recognizes this.

    2. avatar SAFEupstateFML says:

      So 40 bucks of materials from Home Depot and your whole argument is invalid. But I guess 3/4 inch and 1 inch mid gauge pipe would have to be regulated as well. God help you when you find out what someone with 1980’s and prior high school shop education can crank out for around a hundred bucks.

      1. avatar moreadventuresonotherplanets says:

        Your home made project does not create a rapid fire assault rifle. There is a difference.

        1. avatar Red in CO says:

          Yeah, because a full auto only open bolt sub machine gun is SO complicated. You have so little mechanical inclination or basic knowledge I’ll bet the thought of changing your own oil terrifies you, being so difficult and arcane

        2. avatar SAFEupstateFML says:

          Luty would like the first word and a fun project with a shovel would like another. For all else we now have 3d printing and even cast mold kits so your argument is beyond invalid.

        3. avatar moreadventuresonotherplanets says:

          To Red Rectum

          “”””””””””””””””””””””””””Yeah, because a full auto only open bolt sub machine gun is SO complicated. You have so little mechanical inclination or basic knowledge I’ll bet the thought of changing your own oil terrifies you, being so difficult and arcane””””””””””””””””

          Blow your ignorant insults up your kazoo zoo. I probably forgot more firearms repair knowledge than you will ever even know.

        4. avatar SAFEupstateFML says:

          And yet you think home made autos are in any way difficult beyond being more legal trouble than they are worth currently. Sure you do and I am some high speed operator.

      2. avatar Hannibal and the Elephants says:

        I saw a YouTube video where somebody made an AR lower receiver out of old Coke cans. So next, we will be banning Coke cans, maybe Pepsi will get a waiver. Then ban sodas, wait Mike Bloomers already started us down that slippery slope.

        1. avatar James Campbell says:

          Little know fact, the ban was due to tiny Mikey not being able to finish a big soda by himself, he was jealous of those who could.

    3. avatar It all started with a kiss 49 says:

      Vlad, there’s nothing wrong with being gay.

      1. avatar moreadventuresonotherplanets says:

        I never said there was you did.

      2. avatar moreadventuresonotherplanets says:

        By the way since your all excited send your love and kisses to JWM he is waiting for your call.

        1. avatar Void says:

          It’s not too late to go back to school you can probably try a different major.

        2. avatar moreadventuresonotherplanets says:

          To Void of Intelligence

          “”””””””””””””””””””It’s not too late to go back to school you can probably try a different major.”””””””””””””””

          Its obvious you never had one at all so you have no room to fart on this subject.

        3. avatar Void says:

          Speak more I am interested.

        4. avatar UpInArms says:

          ” It’s not too late to go back to school you can probably try a different major ”

          You have to declare a major in elementary school? When did this start?

    4. avatar FormerParatrooper says:

      Are you not innocent until proven guilty in a court of law? Background checks demand you prove your innocence. That is not American tradition, but the tradition of despots.

      Making a firearm is reasonably easy, ask the Afghans who made them in caves. If someone in a cave can make a AK47, imagine what could be made in a small hillbilly workshop.

      Is it possible your a polemicist and are not so ignorant that you actually believe what you write?

      1. avatar SAFEupstateFML says:

        Honestly if not for the jacked up serial numbers there were a few home built Lee Enfields in Kandahar that were darn near indistinguishable from British left overs.

      2. avatar moreadventuresonotherplanets says:

        “to Former Paratrooper

        “”””””””””””””””””Are you not innocent until proven guilty in a court of law? Background checks demand you prove your innocence. That is not American tradition, but the tradition of despots.””””””””””””””””””””””””

        Come get off the LSD and lets talk like sane people. We have 330 million people in the country and your screaming you want anyone who wants a deadly weapon to have one without vetting and paperwork. Only a mentally deranged person or a criminal would engage in such blather.

        1. avatar Void says:

          Your hatred of liberty is showing again. But do complain more about weapons in American hands that will never be known to the authorities beyond a best guess.

        2. avatar meh says:

          Are you a Russian, a Ukrainian, North Korean, or Chinese? Clearly not an American, and obviously a troll. Do Not Feed The Troll.

        3. avatar James Campbell says:

          Been saying that for months, ignore MAOOP.
          He think an FA “open bolt operation” sbr is beyond the capabilities of a machinist with a good understanding of firearm operation and gunsmithing.
          Totally clueless.

        4. avatar FormerParatrooper says:

          Nice spin Vlad. That is not what I said.

          An honest reply would have been helpful, it does not seem you are capable of that.

        5. avatar Dude says:

          “Clearly not an American”

          Have you not heard the current crop of young leftists speak much? They actually believe this. They despise liberty when it doesn’t suit their goals.

    5. avatar TrueRedhat says:

      I, for one, enjoy your posts. It is fun to read them and poke holes in your claims, like mental shadow boxing. Not worth actually responding though. Thank you for keeping us all sharp 🙂

    6. avatar Justsomeguy says:

      You and “Guy” are welcome to go take a flying leap.

      1. avatar James Campbell says:

        Wow, the sheeple who lay down to have their rights sheared away, coming on a gun forum and telling Patriots what they can do.
        Lay still and be quiet, adults are talking.

  5. avatar guy says:

    80% lowers feel kinda iffy but when you have people trying to strip away your best means of defense sometimes its necessary. I mean how many ppl do you think can actually do this over 7/8 of ppl my age cant change their own oil how do you expect ppl to even know what router or a jig even is hell I would be surprised if you showed me 5 ppl my age (30) that can use a drill. At the end of the day you dont need to build a ghost gun. I saw my first throw away in high school. Hanging out with certain crowds you know where to go to get a gun or know some one who does. Their are less than six degrees of separation between you and the weapons these lunatics perpetuate their crimes with. All these gun laws do is hurt hard working tax paying Americans. Now I knew some ppl with concealed carry permits who should’ve never even been able to buy a gun I have no problem paying 100 or 200 bucks for a psych eval until then I’m an American Citizen and my forefather’s paved the way to freedom I’ll do whatever I want Until one of the founding fathers comes out of his grave and tells me they were wrong.

    1. avatar SAFEupstateFML says:

      Seems like a fun project to learn the skills which will likely be useful for other things around the house. But yes the grey to criminal market is cheaper and easier even up here if you really want to get something. I just enjoy seeing technology and manufacturing processes exceeding the ability of control freaks to suppress.

      1. avatar guy says:

        I feel that

        1. avatar SAFEupstateFML says:

          I would love to see more in the way of home made ammunition components but it may take a bit longer for the juice to be worth the squeeze there with reloading being perfectly viable.

      2. avatar Hannibal and the Elephants says:

        When I was in junior high, I was making my own black powder. That worked well until my father figured out I was using my precocious knowledge of chemistry for what could not be any good and he confiscated my saltpeter. I wasn’t trying to make any firearm related thing, I was trying to make rocket fuel. Some of my less dangerous chemical concoctions gave better results yet my attempts at a more powerful liquid hydrogen/LOX engine were thwarted by my failure (at that time) to generate oxygen. If a pre-teen can make black powder, a college me figured out nitrocellulose, but luckily for my fingers and eyes I soon grew more interested in girls than I don’t know about today’s youth but making your own supplies does not require a genius. And, don’t ban the saltpeter, I figured a workaround when I was 11.

        1. avatar James Campbell says:

          I had a few friends back in the ’70s that were doing the same chemistry experiments.

    2. avatar moreadventuresonotherplanets says:

      to Guy

      quote—————– All these gun laws do is hurt hard working tax paying Americans————-quote–

      You have got that exactly backwards because we have no Federal laws vetting out maniacs and criminals anyone can buy a deadly weapon in the U.S. with no paperwork. Now if that is not pure insanity do not know what would be.

      1. avatar guy says:

        Hey I’m all for a law requiring psych evals I would be willing to vote for that and even having to pay for mine in order to make a purchase because I used to know guys who shouldn’t be allowed to own guns.

        1. avatar Basarab Laiotă says:

          And I’m all for psych evals before being allowed to post on TTAG.

      2. avatar FormerParatrooper says:

        Yes we do have such laws. They are failing. If you are so violent that you should not own a firearm, you should not be in a free society. If your propensity to commit violence is so high, any weapon will do. Keeping people like that in society creates more victims. It is people like you who are responsible for allowing this to happen.

    3. avatar UpInArms says:

      Well, there’s a ” _______ for Dummies” book for everything else… I’m sure there’s a “80% Lowers for Dummies” out there.

  6. avatar guy says:

    Yea it’s more of a hobby or for precision paper punching I wish it was more economical.

    1. avatar SAFEupstateFML says:

      Getting there quickly with the polymer kits and a lot better than a decade ago.

  7. avatar Basarab Laiotă says:

    Meant in reference to TTAG’s own interplanetary Dr. Frank-N-Furter who thinks he is ”the leader of the Transylvanians on Earth and is mainly concerned with himself and lacks the ability to see the consequences of his behavior.”

  8. avatar Basarab Laiotă says:

    I hate when TTAG randomly moves my reply to a comment to another random location.

  9. avatar The Crimson Pirate says:

    We should all meet up in Harrisburg and buy and sell 80% lowers on the capital steps.

  10. avatar Bierce Ambrose says:

    Well, telescoping car radio antennas are less common than they used to be, but the right kind of curtain rod works just as well … I heard.

    Do I get to vote on who gets their window curtain rods confiscated. I have this neighbor…

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