Pennsylvania Lower Ruling positive for RKBA

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Today, Judge P. Kevin Brobson of Pennsylvania’s Commonwealth Court issued a 17-page opinion and order enjoining Pennsylvania State Police (PSP) Commissioner Colonel Robert Evanchick and his agents, servants, and officers “from implementing or enforcing PSP’s new policy addressed to partially manufactured receivers…” PSP issued and enforced the now-blocked policy after being directed to by Attorney General Josh Shapiro in an opinion issued last month. The Court’s opinion and order are available at FPCLegal.org.

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“Under the PSP’s policy, good, law-abiding people and businesses were threatened with numerous criminal and civil penalties for things that not even the State Police could define. Today, the Commonwealth Court found that the PSP’s policy violated the constitutional rights of our clients and others,” commented Prince about the ruling. “We are gratified by the Commonwealth Court’s appropriate and sound decision enjoining the Pennsylvania State Police from enforcing its new policy regarding what it refers to as ‘partially manufactured frames and receivers.’”

“Today’s order protects people from a dangerously vague interpretation of the law. As the Court pointed out, a law is void on its face if it is so vague that a person of common intelligence must guess as to its meaning,” explained FPC Director of Legal Strategy and co-counsel, Adam Kraut. “Attorney General Josh Shapiro and the PSP attempted to shoehorn a radical expansion of the law into the definition to suit a political agenda. But nowhere in the Uniform Firearms Act nor its regulations are the terms ‘frame’ or ‘receiver’ defined. We are delighted with this positive development and look forward to further litigating on behalf of the People, civil rights, and individual liberty.”