For the Second Amendment to be fully realized in the United States, we must consider all that encompasses. In order to exercise the Second Amendment, that does not just mean having and carrying arms. It also includes buying, making, and shooting them, to name a few extra instances, for the amendment to be whole. A Pennsylvania group recently issued stern warnings to jurisdictions that illegally passed firearm discharge ordinances.

It’s paramount that people have the ability to discharge their firearms in order to properly exercise the right. While some pundits might argue the simple keeping of arms comports with the spirit of the Second Amendment, we know that’s not the case. Discharge is integral to the ability for individuals to be well trained, or “regulated,” if we’re going to lean on the subordinate clause of the Second Amendment.

Our friends over at Firearm Owners Against Crime – Institute for Legal, Legislative and Educational Action (FOAC-ILLEA) and Firearms Industry Consulting Group filed a letter concerning discharge prohibitions within a city limit. Any jurisdiction that has such an ordinance is going against the state’s preemption law.

Chief Counsel Joshua Prince of the Firearms Industry Consulting Group (“FICG), a division of Civil Rights Defense Firm, P.C., filed a letter on behalf of Firearm Owners Against Crime – Institute for Legal, Legislative and Educational Action (FOAC-ILLEA) with Borough of East Greenville Mayor Stephen Wescott, Members of the Borough Council, and East Greenville Police Chief Randy Morris regarding their recent passage of an unlawful and unconstitutional firearm discharge ordinance.

As addressed in FOAC-ILLEA’s letter to the Borough, in direct defiance of the legion of precedent from the Pennsylvania Supreme and Commonwealth Courts, the ordinance seeks to regulate the discharge of firearms in the township. As our readers may remember, in Firearm Owners Against Crime, et al v. Lower Merion Township, the Commonwealth Court ruled that discharge provisions are preempted under Pennsylvania’s firearm and ammunition preemption statutes.

As this ordinance constitutes a criminal offense, FOAC-ILLEA is prepared to file private criminal complaints with the Montgomery County District Attorney if the ordinance is not repealed.

As mentioned, this is not Prince’s or FOAC-ILLEA’s first trip around the block concerning discharge ordinances and preemption. What’s comforting in this case is the criminal complaints that could follow against rogue officials breaking the law and precedent.

FOAC-ILLEA’s work to see to the repeal of an unconstitutional law is not just limited to East Greenville. They’re working hard in several jurisdictions across the Commonwealth. “As of this moment, FOAC Institute is engaged with twelve different municipal or city governments in an effort to curb preemption violations infringing upon the 2nd Amendment rights of Pennsylvania citizens,” Jim Stoker the President of FOAC Institute said in a statement. “Two are already being litigated in court, with two more pending.”

A week prior to the East Greenville letter filing, Prince filed on behalf of FOAC-ILLEA a letter with Barrett Township. The former letter is also over a discharge ordinance.

Stoker said they have work going on in the following municipalities: Harrisburg, York, Whitehall Township, Barrett Township, Coplay Township, Scottdale Borough, Pen Argyl Township, Pocono Township, South Coatesville, City of Coatesville, Lower Merion Township, and East Greenville Borough.

“We are also watching a court case another organization seems to be struggling with to see if we can help win the issue should the opportunity arise,” Stoker said. “We will take it as far up the chain as necessary to win. We have been to the Pa. Supreme Court on a few occasions, including one against the Pennsylvania State Police currently pending their decision, and won’t hesitate to return.”

Stoker continued:

Once again, FOAC Institute is committed to protecting our gun rights in this Commonwealth against all challengers, and we hope to strengthen preemption soon to be able to punish the offending governments for infringing upon the rights of law-abiding citizens and wasting taxpayer money to do it. Especially since most district attorneys are unwilling to enforce the written law against these transgressors due to political ties. 

This is where our money goes so our donors know we are putting it toward the fight.  If you’re in Pennsylvania and love your 2nd Amendment rights, you belong with us. 

Thankfully the people of the Keystone State have groups like FOAC and attorneys like Joshua Prince to combat infringements when they arise. The work that’s going on at these local levels, playing litigation whack-a-mole, is integral to sustaining liberty. Stopping and stemming bad policy from the ground up is good practice. We’ll be watching the progress of these cases and report back with any updates.