For the Defense - Vol. 7, Issue 3 - 46

e
nal
ve an
as
Using the strategy above, people both in and
utside my office have had tremendous success with
ule 600 motions. Oftentimes, just making it plain
o the Commonwealth that you intend to seriously
tigate this issue can get you results. It is only one
weapon in your arsenal, but because a win means
ischarge, it is a potent weapon that should never
e overlooked.
ant
s,
ving
nce.
uch
th
e
NOTES:
1
le 600
ically
u
nce,
ue
the
NOTES:
1
2
18 Pa.C.S. § 6120 (2014).
PANTONE
2955C
7406C
CMYK
90/78/39/30
9/22/91/0
RGB
Commonwealth v. Mills, 162 A.3d 323 (Pa. 2017).
2 U.S. ConSt. Amend. VI; PA. CONST. art. 1, § 9.
shotgun.
4
HEXIDECIMAL
#153A5B
#EAC137
pa/0-0-0-283142.
5
22/58/92
234/194/56
Firearm Owners Against Crime v. City of Pittsburgh, 2022 WL
1698851 (Pa. Cmwlth. Ct. May 27, 2022). For purposes of full
disclosure, I represented the Plaintiffs/Appellees in this matter
and was the attorney of record in the majority of the cases that
this article discusses.
3
About the Author
Click here to view and/or print the
full notes section for this article.
While it is beyond the scope of this article to go into a full
3 Commonwealth v. DeBlase, 665 A.2d 427, 431 (Pa. 1995).
4
hat
5
Barker v. Wingo, 407 U.S. 514, 530 (1972) (articulating the
constitutional test); Commonwealth v. Preston, 904 A.2d
1, 10 (Pa. Super. Ct. 2006) (the Barker test is an entirely
separate analysis from Rule 600 and therefore needs to be
raised separately).
d not
made
e that
burden
nd
Pa.R.Crim.P. Rule 600(2)(a); see also Commonwealth
v. Kearse, 890 A.2d 388, 395 (Pa. Super. Ct. 2005) (no
" prejudice " need be shown to obtain Rule 600 dismissal).
While Rule 600 has a more definitive time period, the sole
focus of Rule 600 is on the action of the Commonwealth.
Thus, a constitutional argument should be forwarded
when a delay prejudices a defendant and that delay was
primarily caused by the courts.
6 Pa.R.Crim.P. Rule 600(D)(1).
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firearms-requirements/.
6
About the Author
Click here to view and/or print the
full notes section for this article.
About the Author
See e.g., Philadelphia Ordinance § 10-828, Strict Liability for
Damages Caused by Certain Firearms, available at: https://
codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_
Katherine Ernst is an
appellate attorney with the
Montgomery County Public
Defender's Office. She
handles appeals from all
units, juvenile to homicide,
and she also formulates
legal strategy for pre-trial
review of Pennsylvania's Uniform Firearms Act ( " UFA " ), 18 Pa.C.S.
§ 6101, et seq., the argument was based on the correct reading
of the general, current definition of a " firearm " , found in
Section 6102. A firearm in Pennsylvania does not include a rifle or
PHILIP GELSO
ATTORNEY AT LAW
ypjy
primarily caused by the courts.
6 Pa.R.Crim.P. Rule 600(D)(1).
and trial units. Katherine graduated Magna Cum
Laude from Loyola Law School, New Orleans
in 2007 and was on law review. She practiced
at Kaufman, Coren & Ress in Philadelphia out
of law school, and thereafter did work in the
intersection of horseracing law and §1983 for a
number of years before following her passion
for indigent criminal defense.
As a side note, it is not just local forms of government that the
General Assembly has preempted in the area of firearms law.
For example, 18 Pa.C.S. § 6109(m.3)(2) preempts Commonwealth
agencies from regulating possession of firearms and this resulted
in former Attorney General Kathleen Kane issuing a legal opinion
that the PA Gaming Control Board's regulation of firearms in
casinos was unlawful. See https://blog.princelaw.com/2014/09/14/
attorney-general-kanes-opinion-on-commonwealth-agenciesregulating-possession-of-firearms.
Further, 18 Pa.C.S. § 6109(c)
is a preemption provision, precluding issuing authorities from
requiring additional information for licenses to carry firearms.
See https://blog.princelaw.com/2018/01/19/monroe-county-sheriffmartin-is-enjoined-from-enforcing-unlawful-license-to-carry63
Pierce Street
Kingston, PA 18704
Office: 570-763-0006
Fax: 570-288-0243
pgelso@gelsolaw.com
www.gelsolaw.com
An entire article (and then some) could be written on the field
preemption that exists in relation to firearms and ammunition,
which would similarly preclude local regulation, even in the
absence of the preemption statutes. See generally, Huntley &
Huntley, Inc. v. Borough Council of Borough of Oakmont, 600 Pa.
207, 220-21 (2009)(declaring that " [p]reemption of local laws may
be implicit, as where the state regulatory scheme so completely
occupies the field that it appears the General Assembly did not
intend for supplementation by local regulations. " ) and 18 Pa.C.S.
§§ 6101 - 6127.
Vol. 4, Issue 4 l For The Defense 9
Katherine Ernst is an
appellate attorney with the
Montgomery County Public
Defender's Office. She
handles appeals from all
units, juvenile to homicide,
and she also formulates
legal strategy for pre-trial
and trial units. Katherine graduated Magna Cum
Laude from Loyola Law School, New Orleans
in 2007 and was on law review. She practiced
at Kaufman, Coren & Ress in Philadelphia out
of law school, and thereafter did work in the
intersection of horseracing law and §1983 for a
number of years before following her passion
for indigent criminal defense.
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46 For The Defense l Vol. 7, Issue 3
Vol 4 Issue 4 l For The Defense 9
Joshua Prince graduated
from The Hill School in 2000
and McGill University in
2005 with a double major in
Political Science and World
Religions. He also graduated
from Widener Law School
in 2009 with honors, Cum
Laude. Mr. Prince focuses his
practice on Firearms Law and is
Chief Counsel of the Firearms
Industry Consulting Group, a division of the Civil Rights
Defense Firm, P.C. where he has represented more than
2000 individuals, 300 federal firearms licensees and
several dozen gun clubs/ranges on various state and
federal issues. He is an avid firearms collector and target
shooter, who owns numerous Title II (NFA) firearms, as
well as Title I firearms.
Stanton D. Levenson, P.A.
LA W OFFICES
51 years of experience focusing solely on providing
quality representation to individuals who have been
or who may be facing criminal charges.
56
Former President of PACDL, Member of American
Board of Criminal Lawyers, consistently selected in
Best Lawyers in America and PA. Super Lawyers.
6105 Spirit St., Apt. 447 * Pittsburgh, PA 15206 * (412) 889-7270
www.seriousdefense.com

https://nxt-staging-books.s3.amazonaws.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue3_2022/src/Notes_Joshua_Prince_Sep_2022_FINAL.pdf https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-283142 https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-283142 https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-283142 https://blog.princelaw.com/2014/09/14/attorney-general-kanes-opinion-on-commonwealth-agencies-regulating-possession-of-firearms https://blog.princelaw.com/2014/09/14/attorney-general-kanes-opinion-on-commonwealth-agencies-regulating-possession-of-firearms https://blog.princelaw.com/2014/09/14/attorney-general-kanes-opinion-on-commonwealth-agencies-regulating-possession-of-firearms http://www.gelsolaw.com https://blog.princelaw.com/2018/01/19/monroe-county-sheriff-martin-is-enjoined-from-enforcing-unlawful-license-to-carry-firearms-requirements/ https://blog.princelaw.com/2018/01/19/monroe-county-sheriff-martin-is-enjoined-from-enforcing-unlawful-license-to-carry-firearms-requirements/ https://blog.princelaw.com/2018/01/19/monroe-county-sheriff-martin-is-enjoined-from-enforcing-unlawful-license-to-carry-firearms-requirements/ http://www.seriousdefense.com

For the Defense - Vol. 7, Issue 3

Table of Contents for the Digital Edition of For the Defense - Vol. 7, Issue 3