Commonwealth Court Affirms That Pardoned Individuals Are NOT Prohibited From Purchasing and Possessing Firearms

Today, Chief Counsel Joshua Prince, of the Firearms Industry Consulting Group®, was successful in securing a 12 page decision by the Pennsylvania Commonwealth Court, wherein it affirmed that an individual who receives a full pardon is neither prohibited from purchasing and possessing a firearms and ammunition nor prohibited from obtaining a license to carry firearms.

Although the definition of “conviction” in 18 Pa.C.S. § 6102 explicitly excludes from the definition an individual who receives a full pardon, the Pennsylvania State Police (“PSP”) contended that an individual who receives a full pardon is still prohibited from purchasing and possessing firearms and ammunition and is required to file a petition for relief in the court of common pleas, if he/she desires to purchase or possess firearms or ammunition or if he/she wishes to obtain a license to carry firearms.

In finding that the PSP’s position was meritless, especially in light of the court’s prior holding in PSP v. McCaffery, the Commonwealth Court reaffirmed that “where the convicting jurisdiction deems the conviction no longer a ‘conviction’ for purposes of firearms disability, the PSP has no discretion to deem otherwise” and held that Mr. Sama’s “full pardon excluded his offense from UFA’s definition of ‘conviction'” and therefore, “the firearm disabilities contained in Sections 6105 and 6109 no longer apply.” (emphasis in original).

If you or someone you know has been erroneously denied by the PSP in relation to an attempted purchase of a firearm or procurement of a license to carry 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.

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