A representative for the group explains why the brief was needed, and how Constitutional rights need to be protected.
It appears that Montgomery County Sheriff Sean Kilkenny has been conducting warrantless searches and seizures of local firearms retailers in Philadelphia – and some people have seen enough.
The Second Amendment Foundation recently filed a brief as part of a challenge against the Sheriff and his efforts, alongside Shot Tec, LLC and Grant Schmidt. The latter filed a lawsuit back in June, claiming that Kilkenny had violated their Constitutional rights.
Kilkenny, alongside Christopher Paris, who serves as the commissioner of the Pennsylvania State Police noted that “they are enforcing the respective laws, regulations, and policy. Thus, there simply cannot be any argument that this matter is not ripe.” Clearly, not everyone thinks that is the case.
There is a regulation that requires an applicant for a Pennsylvania license to sell firearms to agree to warrantless searches by the State Police or their designee in an effort to comply with state law. However, it appears Kilkenny may be overstepping those boundaries.
“Unlike other areas of Pennsylvania law, where the legislature did craft language to allow for warrantless searches, the requirement to allow such is not found anywhere in the laws regulating firearms sales and was wholly created by an administrative agency,” SAF Executive Director Adam Kraut said in a statement. “While a legislative waiver of constitutional rights does raise concerns, one envisioned and implemented by an executive agency simply cannot be a lawful delegation of authority nor pass constitutional muster.”
“We’ve taken this action to assure constitutional rights are protected from legal oversteps by law enforcement,” added SAF founder and Executive Vice President Alan M. Gottlieb in said statement.
A representative for the Second Amendment Foundation joins us now to discuss the matter further.
Q&A:
- Why do you believe Kilkenny is overstepping his boundaries when it comes to the seizure and warrantless searches against firearm retailers?
- Why would Kilkenny and Paris believe they’re acting in the name of the law when there’s clearly a problem when it comes to violating the Second Amendment?
- It seems a lot more agencies are trying to crack down on guns due to the growing number of “active shooter” events. But how does this affect gun sellers and collectors as a whole?
- Where do you personally see this lawsuit going as time goes on? Will Kilkenny and Paris possibly admit they made a mistake? Or will their pride get the better of them?
- You’ve spoken for the longest time about the effectiveness of Concealed-Carry, or Constitutional-Carry as some would call it. Why is it the best solution?
- Where can people learn more about the CCRKBA and its beliefs?
- You can visit the official website at https://ccrkba.org.
Second Amendment Foundation/CCRKBA spokespersons available to be your guest:
ABOUT CHRIS CHENG (In Pacific Time)
Chris Cheng serves on the advisory council to the Second Amendment Foundation’s Board of Trustees. He is the History Channel’s Top Shot Season 4 Champion and author of the book “Shoot to Win.” Cheng is an Asian D&I advocate in the gun community; a former Google employee who went from self-taught amateur to pro shooter.
ABOUT CAM EDWARDS (In Eastern Time)
Cam Edwards is the editor at Bearing Arms-dot-com and hosts the popular podcast Cam & Company that focuses on Second Amendment news and information. Cam is originally from Oklahoma City, Oklahoma, and has worked in radio, television, and online media for over two decades. He currently lives on a small farm with his family near Farmville, Virginia, and is a member of the board of Citizens Committee to Keep and Bear Arms.
ABOUT MARK WALTERS (in Eastern Time):
Mark Walters is a member of the board of directors for the Citizens Committee for the Right to Keep and Bear Arms. As a nationally syndicated host of two talk radio programs, Armed American Radio and Armed American Radio’s Daily Defense, Mark is heard on hundreds of stations weekly across the country. Mark is the co-founder of Armed American News and the recipient of the 2015 “Gun Rights Defender of the Year award.” In addition, Mark Walters is co-author of three books, including Lessons from Armed America, Lessons from Unarmed America, and Grilling While Armed.
ABOUT LEE WILLIAMS (In Eastern Time)
Lee Williams is also known as The Gun Writer and has been writing about the Second Amendment, firearms, the firearms industry, and the gun culture for more than ten years. He is the Chief Editor of the Second Amendment Foundation’s Investigative Reporting Project and is a frequent contributor to Ammoland News and Armed American Radio. In addition, Lee serves as a board member of Florida Carry, Inc. He was also an editor for a daily newspaper in Florida. Before becoming a newspaper editor, Lee was an investigative reporter in three states and a U.S. Territory. Before becoming a journalist, he worked as a police officer. Before becoming a cop, Lee served in the Army. Lee has earned more than a dozen national journalism awards as a reporter and three medals of valor as a police officer.
ABOUT DAVE WORKMAN (In Pacific Time):
Dave Workman is an award-winning career journalist and senior editor of TheGunMag.com. He writes for Liberty Park Press, Conservative Firing Line, and is communications director for the Citizens Committee for the Right to Keep and Bear Arms. He has authored Op-Ed pieces in several major newspapers, including the Chicago Tribune, Seattle Times, and Atlanta Journal-Constitution, and co-authored seven books with Second Amendment Foundation Alan Gottlieb. Workman’s beat is firearms, from politics to the outdoors. He is widely considered an authority on firearms, concealed carry, and gun politics.
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing, and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 700,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
CONTACT: To schedule an interview, contact Jerry McGlothlin of Special Guests PR Agency at 919-437-0001 or geraldmcg@outlook.com.
