J.D., I've encountered similar situations, and in my experience it's either the frizzen pivot screw is a sloppy fit, or the thing was drilled at the wrong angle. If it's a new lock, send it back for a replacement. If it has developed this problem over time, then try making a new pivot screw that fits tighter. The spring could be super strong and it still shouldn't push the frizzen "up" off the pan.
The base of the frizzen or the top of the pan can also be carefully filed so it lays flat once again, but check the screw first. Hope this helps,
-Eric