Posts Tagged → Joshua Prince
Gun owners prevail against lawless Harrisburg City
Gun owners have finally prevailed against the lawless and dishonest City of Harrisburg, Pennsylvania, in a case that was first filed in January 2015, and now, over nine years later, has finally reached a conclusion favorable to logic, to the rule of law, and to fealty to the various federal and state constititional clauses enshrining firearms rights as “Shall not be infringed” and “Shall not be questioned.”
The case was originally brought by Kim Stolfer of Firearms Owners Against Crime, against Harrisburg City, as a result of Harrisburg City openly, brazenly, lawlessly disregarding superseding state law when the city passed and implemented a number of anti-gun ordinances.
In Pennsylvania, state law holds that no political subdivision can enact its own gun regulations, for the same reason that no one wants to go to jail for having an abortion that is legal in the township next door, but illegal in your own township, same state, and because no one wants to encounter different driver’s license requirements in East Succotash, PA, than those found in Wild West Philly, PA. Such a fractured arrangement would be untenable, unsustainable, a legal catastrophe. The law must be unified across the state so that the citizens can live there normally.
And so many years ago, Pennsylvania enacted a pre-emption law that says only the state can pass firearms restrictions, not municipalities. Oh, for lawless leftists this kind of common sense law is a challenge, and of course Philadelphia, Pittsburgh, and Harrisburg had to test the citizenry. And they have lost time and again, every time one of these places places an innocent gun owner in handcuffs. As a result, numerous large sum financial judgments have been generously granted to gun owners discriminated against by these lawless political subdivisions over the years.
Think about this: Democrat-run Philadelphia, Harrisburg, and Pittsburgh not only wantonly waste taxpayer’s limited dollars by trying to defend the indefensible here in court, they then have to pay out huge awards to aggrieved victims. None of this has to happen, but the mindset of Democrats everywhere seems to be so hell-bent on lawlessness and abusing political opponents.
And we here in Harrisburg are about to begin that financial award phase of our lawsuit, now that it has been successfully decided just days ago, when Judge Andrew Dowling decided that Harrisburg City’s gun ordinances violated state law.
In addition to Kim Stolfer there is another hero here, Attorney Joshua Prince, who has climbed Mount Everest a hundred times over the past nine years in his hard work to keep the city accountable and the rule of law alive. I do not know what the payment arrangement betwen FOAC and Josh Prince is, but I am sure Josh is not getting much more than a few bucks an hour at the present. A financial award commensurate with appropriately smacking down the city’s lawlessness might and hopefully will reset the ledger in favor of Joshua Prince. Josh also maintains a stable of attorneys helping him.
Other people involved in this lawsuit are Kim Stolfer’s successor at FOAC-ILLEA, a dogged and articulate ex-cop named Jim Stoker, a plaintiff named Howard Bullock, who works in the City of Harrisburg, and yours truly, moi, Josh First, who lives in the City of Harrisburg. Part of my sometimes colorful testimony in court last month is highlighted below.
Josh Prince’s blog post today about this important holding is here. The actual court decision is here.
If you are a gun owner, or a freedom lover, or a good government believer, definitely donate some bucks to FOAC-ILLEA. They have earned your support!
Had my day in court
Literally had my day in court yesterday, in the Dauphin County courthouse in Downtown Harrisburg. After nearly ten years of taxpayer-funded expensive stonewalling and dodging and delaying, Harrisburg City’s expensive taxpayer-funded attorneys (Lavery) were forced to actually litigate.
Harrisburg City was forced to actually argue for and explain why it has maintained three patently illegal ordinances on the books for years. At issue are city ordinances that criminalize carrying guns in a public park, discharging a firearm within the city limits, and failing to report a lost or stolen gun.
Each of these ordinances is subject to state pre-emption, because Pennsylvania state law clearly prohibits any political subdivision, like Harrisburg City, from creating its own gun regulations. This is in order to avoid a crazy-quilt pattern of gun laws within a state, where just crossing from one municipality to another, one township to the township next door, with a firearm, could result in an unintentional felony and violent arrest and incarceration. No society can operate like that, whether it’s gun regulations, abortion regulations, car regulations etc.
So, somehow the elected officials of Harrisburg City believed they were above the law, and they passed these illegal city ordinances. A group I belong to FOAC-ILLEA and Firearms Owners Against Crime, filed suit against the city many years ago, to compel the city to remove these illegal ordinances. After all, what is the purpose of having illegal laws on the books? What is the purpose of having illegal laws on the books, and actually spending hundreds of thousands of Harrisburg taxpayer dollars fighting to keep said illegal laws in place?
I will tell you why these ordinances are on the books: Harrisburg City wants to have the threat of these ordinances to use against people the city doesn’t like. People with different political beliefs, maybe the wrong skin color, maybe the wrong religion, you name it, these illegal ordinances can and will be used by city leaders for purely political and punitive purposes.
Even if the city charges someone with these ordinances and eventually loses in court, the city will still have won. Because the criminal process is the punishment. Simply dragging someone through the expensive, scary legal process from being arrested and handcuffed, having their person and home ransacked by police, being jailed, having to get a lawyer, maybe losing your job, is pretty bad punishment. So even if the city eventually loses a criminal prosecution with any of these ordinances, they will have really hurt someone.
And that is the purpose of ALL liberals everywhere, to scare and control and punitively hurt and damage people who disagree with them. Especially gun owning individuals who represent an armed citizenry capable of pushing back against tyrannical government. Like all liberal-run Democrat Party bastions everywhere across America, Harrisburg City desires to control its citizens, not represent them.
And so yesterday we finally got to sit in Judge Andrew Dowling’s court room and have a real, genuine legal offense-defense. It was something out of a Hollywood movie, with real court room drama, an occasionally piqued or openly amused judge, a sharp litigator (Joshua Prince) and a defense attorney who – no lie, no embellishment here – actually bellowed “I am being bushwhacked! This is an ambush!” after the judge reminded him that he was the attorney who said let’s move this trial to this date today.
Being the plaintiff of record from Harrisburg City itself, I had my opportunity to testify from the witness stand. I was cross examined at length, sometimes with real humor, by the defense counsel. I really don’t believe myself to be a “lawbreaker” when I am defying a patently illegal law, and it was nice to see the attorney have to concede that. I also enjoyed recounting how, during the catastrophic flood of 2011, I walked up and down my block and adjoining blocks with a shotgun and a handgun, to deter looters. That raised eyebrows, and led to an interesting line of questioning from the defense counsel and thumbs-up from my fellow plaintiffs.
Other plaintiffs, Howard Bullock, who lives outside Harrisburg City but who works within it, and Jim Stoker, president of FOAC, also took the witness stand, and were also cross-examined. All three of us did well representing our case. And the bushwhacked lawyer who raised ridiculous objection after ridiculous objection, including once to his own statements (the judge kindly reminded him that he was now arguing against himself), was clearly deflated after Judge Dowling said he would issue a decision on this trial.
Nearly ten years of Harrisburg taxpayer gravy train defending the indefensible are about to end for Lavery Law! And for me, the rule of law is being established, our flag of freedom being firmly planted in a small county court room far from the public eye. Not one news reporter was present, not one City employee, nobody but us freedom fighters, the judge and his staff, and the hapless bushwhacked lawyer.
Once again the forgotten taxpayer is out of sight, out of mind, though a holding of any sort in this case will then raise questions about why Harrisburg City spends hundreds of thousands of rare taxpayer dollars so frivolously and carelessly.
It was a great day for the law and a great day to be in court forcing the law to be upheld by striking illegal laws from the books. Thanks to attorney Joshua Prince for representing the rule of law, and to Judge Dowling for running his court room fairly and often with real humor and sharp observations.
(L to R) Plaintiff Howard Bullock, attorney Joshua Prince, attorney Kevin Fenchak, attorney Dillon Harris, plaintiff Yours Truly Josh First, and plaintiff Jim Stoker of FOAC fame in the Dauphin County courthouse yesterday.