Allegheny County Sportsmen's League v. Rendell

860 A.2d 10, 580 Pa. 149
CourtSupreme Court of Pennsylvania
DecidedOctober 19, 2004
StatusPublished
Cited by24 cases

This text of 860 A.2d 10 (Allegheny County Sportsmen's League v. Rendell) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allegheny County Sportsmen's League v. Rendell, 860 A.2d 10, 580 Pa. 149 (Pa. 2004).

Opinions

OPINION

Justice CASTILLE.

This is an appeal from an en banc decision of the Commonwealth Court which [12]*12sustained appellees’ (the Commonwealth’s) preliminary objection in the nature of a demurrer and dismissed appellants’ Complaint in Equity seeking to enjoin the Commonwealth from maintaining a database of handgun sales. For the reasons that follow, we hold that the Commonwealth’s database of handgun sales is proper under the Pennsylvania Uniform Firearms Act of 1995, 18 Pa.C.S. § 6101, et. seq. (the “Firearms Act”). Accordingly, we affirm.

The Firearms Act was first enacted on December 6, 1972 and subsequently amended by the Act of June 18, 1995, P.L. 1024, No. 17 (Spec. Sess. No. 1) (Act 17), the Act of November 22, 1995, P.L. 621, No. 66 (Act 66), and the Act of April 22, 1997, P.L. 73, No. 5 (Act 5). Under the Firearms Act, every person purchasing a handgun in Pennsylvania from a licensed dealer is required to provide the dealer with identifying information including the purchaser’s name, gender, race, social security number, address and date of birth. This information is recorded on a one-page form known as an “application/record of sale.” See 18 Pa.C.S. § 6111(b)(1). The application/record of sale is filled out in triplicate: the original copy is forwarded to the Pennsylvania State Police within 14 days of the sale; one copy is retained by the licensed importer, manufacturer or dealer for a period of 20 years; and the final copy is provided to the purchaser. See id. The Pennsylvania State Police incorporate the information in the application/record of sale into a database of persons who lawfully purchase handguns in Pennsylvania. This database has been maintained by the Pennsylvania State Police since 1943.1

Appellants filed a Complaint in Equity in the Commonwealth Court’s original jurisdiction seeking a declaratory judgment declaring that the database is a registry of gun ownership in violation of the Firearms Act, and seeking an injunction directing appellees to discontinue and destroy the existing database/alleged registry. Appellants based their right to relief on Section 6111(b)(l.l)(v) of the Firearms Act, which prohibits the Commonwealth from retaining an application/record of sale for firearms, as defined in that subsection, and Section 6111.4, which prohibits government or law enforcement agencies from creating, maintaining and operating a “registry of firearm ownership.” Appellants thus sought to prohibit the Commonwealth from creating, maintaining and operating a handgun sales database and requested the destruction of the existing database.

On January 18, 2001, the Honorable James R. Kelley of the Commonwealth Court presided over a preliminary injunction hearing. Judge Kelley denied appellants’ motion for a preliminary injunction, finding that appellants had failed to establish each criterion for a preliminary injunction, and specifically, did not demonstrate a clear right to relief. On February 7, 2001, the Commonwealth filed preliminary objections to appellants’ Complaint in Equity asserting, inter alia, that appellants had failed to state a claim upon which [13]*13relief could be granted.2 The declaratory judgment action and the Commonwealth’s preliminary objections were considered by an en banc panel of the Commonwealth Court. In a published opinion, the panel majority sustained the Commonwealth’s preliminary objection that appellants had failed to state a claim upon which relief can be granted and dismissed appellants’ Complaint in Equity. See Allegheny County Sportsmen’s League v. Ridge, 790 A.2d 350 (Pa.Cmwlth.2002) (en banc). The panel majority found that there was an absence of express language in Section 6111(b) prohibiting the Pennsylvania State Police from retaining the information on the application/record of sale of handguns. Rather, the panel majority found that Section 6111(b)(l.l)(v), which requires the destruction of applications/records of sale within 72 hours, only applied to “firearms which exceed the barrel and related lengths set forth in Section 6102,” ie. what are more commonly known as long guns (rifles and shotguns), not handguns. Therefore, the panel majority held that appellants were “unable to state a claim that the Commonwealth’s maintenance of a database of handgun sales is a violation of Section 6111(b) of the Firearms Act.” See id. at 359. Additionally, the panel majority held that the plain language of Section 6111.4 prohibits only maintenance of a “registry of firearm ownership.” In the panel majority’s view, the database maintained by the Pennsylvania State Police does not qualify as such a registry because it merely maintains records of sales and is limited to handguns and, thus, does not encompass a registry of all firearms. Thus, the panel majority held that appellants were unable to state a claim for relief under Section 6111.4 of the Firearms Act. See id. at 360.

The Honorable Rochelle S. Friedman authored a concurring and dissenting opinion, joined by the Honorable Dante R. Pellegrini. Judge Friedman stated that she would have overruled the preliminary objection with respect to Section 6111.4 of the Firearms Act because a database containing records of handgun sales is indeed a “registry of firearm ownership” and, therefore, is prohibited under the Firearms Act. Judge Friedman thus concluded that it is not certain that the law will not permit appellants to prevail under Section 6111.4 and, therefore, the preliminary objection should not have been sustained. See id. at 363 (Friedman, J., concurring and dissenting).

Appellants filed a direct appeal in this Court. Appellants raise the following issues: (1) whether the database of handgun sales maintained by the Pennsylvania State Police is a prohibited registry record of firearm ownership under Section 6111(b) or Section 6111.4; and (2) whether the Commonwealth Court violated its scope of review in granting appellees’ preliminary objection in the form of a demurrer. As these are questions of law, this Court’s review is plenary.

“In ruling on whether preliminary objections were properly sustained, an appellate court must determine whether it is clear from doubt from all the facts pleaded that the pleader will be unable to prove facts legally sufficient to establish a right to relief.” Pennsylvania AFL-CIO v. Commonwealth of Pennsylvania, 563 Pa. 108, [14]*14757 A.2d 917, 920 (2000) (citations omitted). In reviewing preliminary objections in the nature of a demurrer, the court must consider all of the well-pleaded material facts set forth in the petition and all reasonable inferences drawn from those facts. See Commonwealth ex. rel. Nicholas v. Pennsylvania Labor Relations Board, 545 Pa. 288, 681 A.2d 157, 159 (1996). Additionally, “[s]ince sustaining the demurrer results in a denial of the pleader’s claim or dismissal of his suit, a preliminary objection in the nature of a demurrer should be sustained only in cases that clearly and without a doubt fail to state a claim for which relief may be granted.” Willet v. Pennsylvania Medical Catastrophe Loss Fund, 549 Pa. 613, 702 A.2d 850, 853 (1997) (quoting County of Allegheny v. Commonwealth of Pennsylvania, 507 Pa.

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ALLEGHENY CTY. SPORTSMEN'S LEAGUE v. Rendell
860 A.2d 10 (Supreme Court of Pennsylvania, 2004)

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Bluebook (online)
860 A.2d 10, 580 Pa. 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allegheny-county-sportsmens-league-v-rendell-pa-2004.