Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
Today, in a press release entitled ” AG Shapiro, Gov. Wolf: 80% Receivers Are Firearms” Pennsylvania Attorney General issued an opinion letter regarding, putatively whether 80% lowers (which have no legal definition or meaning) are firearms for purposes of some, but not all, provisions of the Pennsylvania Uniform Firearms Act (“UFA”).
While acknowledging that “there is no controlling caselaw providing a definition or standard for applying the phrase ‘may readily be converted'” nor a definition for “designed,” in direct violation of Article 2, Section 1 (non-delegation provision), the preemption provided for by Article 1, Sections 21 and 25, and the rule of lenity, Attorney General Shapiro concludes that “a receiver is a ‘firearm’ if it can be converted to expel a projectile by [sic] individual with reasonable skill (expertise), basic tools (equipment) available to and understood by such an individual, and commonly available parts (availability) in a reasonable amount of time (time).” Thus, apparently under AG Shapiro’s opinion, a block of metal or plastic can now constitute a firearm. In fact, he goes on to hold:
A receiver does not need to be fully manufactured to be a firearm as defined in the Applicable Sections. A receiver if a firearm under the Applicable Sections it is is: 1) “designed” to expel or 2) “may readily be converted” to expel a projectile by the action of an explosive. Given the UFA does not provide a statutory definition of these terms, PSP shall utilize the legal framework set forth in this Opinion when enforcing or issuing interpretative guidance regarding the Applicable Sections of the UFA. Along with direct enforcement of the UFA< PSP has the ability to issue interpretative rules through internal documents, manuals, or policy statements; while not contorlling, these interpretations would be entitled to deference. Skidmore v. Swift & Co., 323 U.S. 134, 140 (1944). Additionally, PSP can further interpret the definitions through formal rulemaking. 18 Pa. C.S. 6111.5 Any regulation properly promulgated by PSP is entitled to deference, unless clearly erroneous. Harkness v. UCBR, 591 Pa. 543.
What appears lost on AG Shapiro is the fact that only the General Assembly can write the law and that the General Assembly cannot delegate its authority, in the absence of providing a coherent framework that can be equally and consistently applied. W. Phila. Achievement Charter Elem. Sch. v. Sch. Dist. of Phila., 635 Pa. 127 (2016); Mary Ann Protz v. W.C.A.B. (Derry Area School District), 639 Pa. 645 (2017). Furthermore, when dealing with criminal statutes, or statutes having both criminal and civil applications, the rule of lenity requires that any ambiguity be resolved to the Defendant’s /Challenger’s benefit. United States v. Thompson/Ctr. Arms Co., 504 U.S. 505, 518 (1992).
Perhaps most interesting to some is the misleading title of the press release, as it suggests that AG Shapiro and Gov. Wolf conclude that “80% lowers are firearms”; yet, “80% lower” is not mentioned in the opinion. Of course, perhaps that’s the way AG. Shapiro and Gov. Wolf are directing the PSP to conclude 80% lowers are firearms, without specifically addressing it in the opinion. Only time will tell, but if the PSP does take a position that “80% lowers are firearms,” it will surely be challenged in the courts and the outcome is not likely to be favorable to the Commonwealth.
If you or someone you know has had their rights violated by this opinion or the PSP’s interpretation of the UFA as it relates to “firearms”, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal 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.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon. I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with: - License to Carry Firearms Denials; - Challenges to Erroneous PICS Denials; - Relief from Firearms Disabilities; - Estate Planning Advice; - Gun/NFA Trusts; and - 42 USC 1983 Actions for Deprivation of Civil Rights At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding: - ATF Compliance Inspections; - Warning Letters and Hearings; - FFL Revocations; - Corporate Structure Advice - Indoor/Outdoor Range Implementation; and - Forfeiture Proceedings In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI). While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2. You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth. Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL). View all posts by Joshua Prince, Esq.