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Today, Chief Counsel Joshua Prince, assisted by Attorney Dillon Harris, secured a monumental decision by the Pennsylvania Commonwealth Court, wherein the Court ruled that Pennsylvania State Police Commissioner Bivens and the Pennsylvania State Police’s regulation, adding a “disqualifying criminal offense” as a nebulous, prohibiting criteria, was unconstitutional.
Specifically, the Court declared that:
(1) Lieutenant Colonel George Bivens, Acting Commissioner Pennsylvania State Police’s (PSP) interpretation that simple assault is a crime of violence or a disqualifying criminal offense violates article II, section 1 of the Pennsylvania Constitution, PA. CONST. art. II, § 1 (Non-Delegation Doctrine); (2) a crime of violence is the sole conviction basis on which PSP may deny a qualification certification under the Lethal Weapons Training Act (Act 235) (i.e., the only disqualifying criminal offense under Section 21.1 of PSP’s Regulations, 37 Pa. Code § 21.1, is a crime of violence); and (3) simple assault is not a crime of violence as PSP has defined that term in Section 21.1 of its Regulations.
Unfortunately, the Court declined to hold that the PSP is precluded from regulating the definition of “crime of violence” or to address the completely unconstitutional appeal process from any denial/revocation of an Act 235 certification. As such, it is likely that this case will be appealed – as of right – to the Pennsylvania Supreme Court to address these issues.
If you or someone you know has been the victim of an unlawful policy or position of the Pennsylvania State Police or another administrative agency, contact FICG today to discuss your options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.
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