Jenks Township’s Proposed Firearms Ordinance Meeting Some Opposition

JENKS TWP., Pa. (EYT) – Jenks Township is meeting some opposition to its attempt to enact a firearms ordinance.

(Photo: Kim Stolfer, chairman of the Firearms Owners Against Crime. Courtesy YouTube.)

Attorney Joshua Prince filed a letter in opposition to the proposal on behalf of his client, Firearms Owners Against Crime.

According to Prince, municipal firearm and ammunition regulation is unlawful pursuant to Article 1, Section 21 of the Pennsylvania Constitution, as affirmed by the PA Supreme Court in Ortiz v. Commonwealth, and our state preemption statute found in 18 Pa.C.S. § 6120.

“The Pennsylvania Constitution, statutory law and the legion of case law are, as the Commonwealth Court has declared, “crystal clear” that municipalities may not regulate, in any manner, firearms or ammunition, including discharge of firearms. Therefore, the enactment of any ordinance, resolution or other form of regulation would be unlawful and Firearm Owners Against Crime is prepared to file suit against the township, if it enacts any such unlawful ordinance,” Prince said.

Prince’s letter also indicated that in the event Jenks Township moves forward with the proposal, FOAC is prepared to file a legal challenge against the township, stating, “In the event Jenks Township enacts this proposed unlawful ordinance, FOAC is prepared to file suit against the Township, which will result in substantial additional burdens on the taxpayers. Clearly, it is in the best of interest of all of those involved that the ordinance not be enacted. Accordingly, I am respectfully requesting that the proposal not be adopted. In the event the Township enacts this proposal, please let me know whether you will accept service of the Complaint or require service by the Sheriff.”

Read the letter in its entirety here: Letter to Jenks Township.


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