Navarro, R. v. PA State Police, Aplt.
Navarro, R. v. PA State Police, Aplt.
Opinion
OPINION
JUSTICE DOUGHERTY
We consider whether, when denying the return of a firearm on the basis of a federal statute, specifically
In 2012, a firearm was stolen from appellee Richard D. Navarro. In November 2013, as a result of appellee's alterations to a prescription for Percocet tablets, he pleaded guilty to two counts of forgery graded as first-degree misdemeanors and the court sentenced him to twenty-four months' probation.
1
Sometime thereafter, appellee learned PSP had recovered his stolen firearm and he submitted an application for its return pursuant to Pennsylvania's Uniform Firearms Act ("UFA"), 18 Pa.C.S. §§ 6101 - 6128.
See
18 Pa.C.S. § 6111.1(b)(4) ("The Pennsylvania State Police and any local law enforcement agency shall make all reasonable efforts to determine the lawful owner of any firearm confiscated or recovered ... and return said firearm to its lawful owner if the owner is not otherwise prohibited from possessing the firearm."). Although the UFA expressly precludes persons who are convicted of certain enumerated crimes from possessing firearms, forgery is not an enumerated crime under the UFA and no other precluding classifications exist under Pennsylvania law to bar appellee from firearm possession.
See
Appellee challenged the denial, and by letter dated December 23, 2016, PSP confirmed
denial was based on federal law. Specifically, PSP relied on Section 922(g) of the Federal Gun Control Act,
Appellee timely appealed the PSP determination to the Office of the Attorney General ("OAG"), and at a hearing before an Administrative Law Judge ("ALJ"), the Commonwealth presented evidence that appellee's guilty pleas to two counts of forgery were confirmed by the PICS report. Additionally, a PICS supervisor testified the denial of appellee's request for return of the firearm was upheld on the basis of "the federal law, 18 U.S.C., Subsection 922(g) for his conviction of forgery." N.T. 7/7/17, at 13. Notwithstanding the ALJ's failure to make any findings regarding whether the firearm had "been shipped or transported in interstate or foreign commerce," the ALJ affirmed the PSP's decision to deny return of appellee's firearm based on Section 922(g) of the GCA. Findings And Reasons For Denial of Request for Relief, 8/21/17 at 2 (unpaginated original). Appellee then filed a timely appeal to the Commonwealth Court.
The Commonwealth Court vacated and remanded for further factual findings.
Navarro v. Pa. State Police
, No. 1433 C.D. 2017, unpublished memorandum at 1,
We granted discretionary review based on PSP's petition for allowance of
appeal.
2
PSP claims "the decision of the Commonwealth Court is both legally and practically untenable and must be reversed." Appellant's Brief at 15. Specifically, PSP challenges the panel's conclusion appellee could be denied return of his firearm only if PSP established the firearm "moved in interstate commerce."
Navarro
,
supra
, at 2. PSP insists no such proof is required and the only issue to be determined by the ALJ pursuant to Section 6111.1(e) of the UFA was "whether the record PSP relied upon is accurate." Appellant's Brief at 10-11. PSP relies on the language in Section 6111.1(e)(1) that any person denied the right to receive or possess a firearm as a result of " 'the procedures established by this section may challenge the
accuracy
of that person's criminal history,' " and maintains the duty of the PSP under the statute is simply to " 'conduct a review of the
accuracy
of the information forming the basis for the denial[.]' "
Id.
at 9-10,
quoting
42 Pa.C.S. § 6111.1(e)(1), (2) (emphasis added). PSP insists "[t]he statutory language in § 6111.1(e)(1) is unambiguous and its plain language controls[.]"
Id.
at 10,
citing
1 Pa.C.S. § 1921(b) ("[w]hen the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit");
Shafer Elec. & Constr. v. Mantia
,
Moreover, PSP argues if the "Legislature had intended for PSP to prove, in some or all cases under [ Section] 6111.1(e), whether a firearm moved in interstate or foreign commerce, it would have provided a mechanism for PSP to receive this information each time a background check is processed for the sale or transfer of a firearm." Id. PSP asserts, "nowhere in the UFA itself" are firearms dealers or law enforcement officers "required to report to PSP the make and model of a firearm for which a background check is being requested, at the time the check occurs." Id. 4
Thus, PSP argues, reading the sections of the UFA " in para materia ... compels the conclusion that PSP is not required by the UFA to prove a firearm moved in interstate or foreign commerce." Id. PSP insists "the decision of the Commonwealth Court in this case effectively imposes that requirement upon the PSP (at least when federal law is at issue)." Id. at 13. In sum, PSP asserts "[t]he Commonwealth Court's decision effectively amends the statute by adding a new requirement not provided for by the plain language of the statute and places an additional evidentiary burden on the PSP, in contravention of the rules of statutory construction." Id.
As to practical considerations, PSP maintains the panel's decision "is problematic due its potential impact on the PSP in their operation of PICS[,]" because "PSP processes hundreds of thousands of checks through PICS each year[.]" Id. at 15. PSP argues, without elaboration or explanation, if it is required to "gather more information, such as the make and model of a firearm ... (so that PSP can check if the firearm moved in interstate or foreign commerce)," the additional strain "on to an already strained system ... could lead to more approvals made in error, i.e. , more prohibited people gaining access to firearms." Id.
In his pro se brief to this Court, 5 appellee argues if Section 6111.1 does not require the PSP "to conduct the commerce history of the firearm in question[,]" the background check and verification procedures codified in the UFA violate principles of Due Process because the federal firearm prohibition requires proof of interstate or foreign commerce in order to be enforced. Appellee's Brief at 11.
The parties agree the issue presented is a pure question of law. Accordingly, our standard of review is
de novo
and our scope of review is plenary.
Commonwealth v. Bortz
,
Six years later, in
Scarborough v. United States,
Because
However, PSP argues it is not required under Section 6111.1(e) of the UFA to provide such proof when it denies a firearm transfer based on Section 922(g)(1) of the federal GCA. PSP claims the Commonwealth Court did not engage in a statutory construction analysis of Section 6111.1(e) of the UFA, and had it done so, it would have determined PSP is merely required to prove the PICS record of appellee's forgery convictions was accurate in order to trigger the federal prohibition of Section 922(g)(1). We reject PSP's argument, and as the following statutory construction analysis reveals, the Commonwealth Court correctly vacated the ALJ's decision and remanded the matter for further proceedings.
Initially, we recognize "the objective of all interpretation and construction of statutes is to ascertain and effectuate the intention of the General Assembly."
Doe v. Franklin Cty.
,
Section 6111.1 of the UFA requires the PSP, upon receipt of a request for a criminal history check - which occurs,
inter alia
, when an individual in Pennsylvania seeks to purchase or otherwise receive a firearm - to review the individual's criminal history and determine whether he or she is "prohibited from receipt or possession of a firearm under Federal or State law[.]" 18 Pa.C.S. § 6111.1(b)(1)(i). The UFA permits a person, "denied the right to receive" or "possess ... a firearm[,]" to "challenge the accuracy of [his or her] criminal history ... by submitting a challenge to the Pennsylvania State Police[.]" 18 Pa.C.S. § 6111.1(e)(1). In the event of a challenge, the PSP "shall conduct a review of the accuracy of the information forming the basis for the denial and shall have the burden of proving the accuracy of the record." 18 Pa.C.S. § 6111.1(e)(2). "[T]he Pennsylvania State Police shall notify the challenger of the basis for the denial[.]"
We have little difficulty in analyzing the plain language above to require PSP, when presented with a challenge to the accuracy of a person's criminal history that has resulted in the denial of that person's right to receive a firearm, to conduct a review of the accuracy of all the information which formed the basis of the decision and to communicate that information to the challenger. Here, in the face of a challenge, PSP communicated to appellee the decision to deny him a return of his firearm was upheld on the basis of the "federal law," citing section 922(g) of the GCA. The communication explained appellee's forgery convictions were "prohibiting" under that law. Accepting the plain and unambiguous meaning of these provisions, we must now decide whether PSP sufficiently established it complied with its statutory obligations.
Our research has revealed no binding case with similar facts that addresses the issue raised here. However, the panel below and the parties cite to an unpublished decision of the Commonwealth Court,
Taylor v. Pa. State Police
, No. 390 C.D. 2010, unpublished memorandum,
We find Taylor to be instructive, and turning to the present matter, we conclude the Commonwealth Court did not err in determining the ALJ must make findings regarding the interstate or foreign commerce status of a firearm before affirming PSP's decision to deny transfer to appellee. PSP clearly presented "accurate" record information to the extent it included a conviction for a crime punishable by up to five years' imprisonment. However, the information was incomplete to the extent it failed to show the firearm in question moved in interstate or foreign commerce, a required element of the prohibition under federal law on which PSP relied. As the Commonwealth Court here properly found, the federal prohibition of Section 922(g) simply cannot apply absent some proof the firearm at issue moved in interstate or foreign commerce. We agree with the panel's conclusion the evidence relating to such commerce need not be extensive and may be satisfied by showing the gun was manufactured outside Pennsylvania (or that the gun otherwise crossed state lines). See, e.g. , Shambry , supra . 7
Order affirmed.
Chief Justice Saylor and Justices Baer, Todd, Donohue, Wecht and Mundy join the opinion.
Forgery, graded as a first-degree misdemeanor, is punishable by up to five years' imprisonment. 18 Pa.C.S. §§ 1104, 4101(c).
PSP sought a determination of whether the Commonwealth Court erred "when it reversed a decision of the Pennsylvania Office of the Attorney General upholding a decision of the Pennsylvania State Police to deny a firearms background check, based on a failure of the ALJ to determine if a firearm had moved in interstate commerce, when the statute, 18 Pa.C.S. § 6111.1(e), does not require such a finding[.]"
Navarro v. Pa. State Police
,
Both state and federal courts recognize the language in Section 922(g)(1) - identifying crimes punishable by imprisonment for a term exceeding one year - refers to the maximum allowable sentence for the crime (in this case, five years for forgery) and not the sentence actually received (in this case, twenty-four months of probation).
Ray v. Office of Attorney General
,
PSP acknowledges "the UFA does require" such information at Section 6111(b)(1) (pertaining to record of sale), Appellant's Brief at 12, n.4, but notes the information need not be conveyed simultaneously with the PICS check. PSP concedes information regarding make, model and manufacture of a firearm is sufficient information upon which to determine whether the firearm has moved in interstate or foreign commerce.
Appellee has appeared pro se throughout all stages of this litigation.
Accord
United States v. Leuschen
,
Although we accept PSP's contention the PICS system, as currently structured, contains no mechanism to quickly identify the manufacturer of any particular firearm, we conclude the potential lack of a computerized database linking models to manufacturers cannot be sufficient reason to ignore what is a clear determinative legal factor in cases involving prohibitions on firearm possession under federal law.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.