Posts Tagged → preemption
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.
True spirit of an American president
What follows below is the real spirit of the true American president and every true American citizen. Not a corrupt Marxist thief who stole the would-be elected position through vote fraud and now seeks to coerce free American citizens to become feudal serfs under the thumb of tyrannical government bureaucrats, but a freedom-loving, citizen-loving, Constitution-loving American through-and-through.
An order of April 6, 1779, issued in Boston and now preserved in the Emmet Collection of the New York Public Library (also on display in Morristown, New Jersey), describes in detail the required arms and accouterments of that day (1779) for America citizens. Its spelling is of that time:
To Shrimpton Hutchinson Esq.
SIR,
You are hereby ordered and directed, to compleat yourself with ARMS and Accoutrements, by the 12th Instant, upon failure thereof, you are liable to a FINE of THREE POUNDS; and for every Sixty Days after, a FINE OF SIX POUNDS, agreable to Law.
Articles of Equipment,
A good Fire-Arm, with a Steel or Iron Ram-Rod, and a Spring to retain the same, a Worm, Priming wire and Brash, and a Bayonet fitted to your GUN, a Scabbard and Belt therefor, and a Cutting Sword, or a Tomahawk or Hatchet, a Poach containing a Cartridge Box, that will hold fifteen Rounds of Cartridges at least, a hundred Buck Shot, a Jack-Knife and Tow for Wadding, six Flints, one pound powder, forty Leaden Balls fitted to your GUN, a Knapsack and Blanket a Canteen or Wooden Bottle sufficient to hold one Quart.
In other words, our American citizen, Shrimpton Hutchinson [fabulous name!], Esq., was commanded by his government to prepare for war against enemies both foreign (British Redcoats) and domestic (anti-freedom, anti-America Tories/Royalists/Loyalists), by assembling his own personal war-making weapons and equipment. Notably a military-grade firearm and all of its necessities, plus what we would today call hiking and camping gear for Mister Hutchinson’s time afield as a citizen soldier.
This fierce founding spirit, strong among those who first created America, in its general sense and in its particular military-grade gear requirement, is still alive among those Americans who do not take our freedoms or founding principles for granted. We who embody this spirit today know that tyranny is always just one generation away, because unfortunately, a proportion of humans are always power-crazed control freaks, who will not rest until they have every person under their thumb and absolute control. It is just the nature of some people to be bad this way, and it is therefore the duty of freedom-loving people to reject and sometimes legally or even physically repel those bad people.
In this vein, several months ago, Pennsylvania attorney Josh Prince won a significant lawsuit about the ownership and use of private firearms here in Harrisburg, with implications for holding over-reaching, anti-freedom government bureaucrats accountable across the entire Commonwealth. In a nutshell, the Court held that Pennsylvania’s firearm pre-emption law means exactly what it says, which is that local municipalities cannot create a 2,500-municipality crazy patchwork of firearm regulations here, any more than local municipalities can create such a patchwork of abortion regulations or approved books regulations etc.
I am the Harrisburg City plaintiff in this lawsuit, brought and paid for by Firearm Owners Against Crime, a group of which I am a life member. Although I am not presently bearing arms against tyrants like our patriot friend Shrimpton Hutchinson in 1779, I am part of the ongoing legal contest to preserve the basic rights of free American citizens to own and bear military-grade firearms for our own self-preservation.
The irony of this is that I actually do not like or enjoy military-grade firearms. My greatest personal enjoyment and use of firearms is the old muzzle loaders and black powder cartridge sporting firearms of the 1770s through about 1910. It is that spirit of free choice you have between one firearm and another that I defend and promote.
Hopefully soon, America will have a person in the Oval Office worthy of being called President (and not President* or pResident), a person in and on whom the spirit of our founding principles sits deeply. A person who not only trusts his fellow citizens with military grade firearms, and who sees America as a government Of, By and For The People, but as in 1779 he demands that they personally keep and own such firearms at home and on their person, to be prepared always to use them in defense of America.
The spirit of America – a worker leaving his office while preparing to repel lawless tyrants. This is where your freedom comes from