Times Publishing Co. v. Michel

14 Pa. D. & C.4th 655, 1992 Pa. Dist. & Cnty. Dec. LEXIS 291
CourtPennsylvania Court of Common Pleas, Erie County
DecidedJune 22, 1992
Docketno. 4505-1992
StatusPublished

This text of 14 Pa. D. & C.4th 655 (Times Publishing Co. v. Michel) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Erie County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Times Publishing Co. v. Michel, 14 Pa. D. & C.4th 655, 1992 Pa. Dist. & Cnty. Dec. LEXIS 291 (Pa. Super. Ct. 1992).

Opinion

LEVIN, J.,

Before this court is a statutory appeal by plaintiffs pursuant to 65 P.S. §66.4. Plaintiffs appeal from the denial of the right to view, [656]*656inspect and copy certain records maintained by defendant. As the parties have agreed to a stipulated set of facts which this court hereby adopts and incorporates by reference (attached as Exhibit A), plaintiffs have moved for summary judgment. Even without the motion for summary, the matter is ripe for disposition as there are no facts in dispute and only the interpretation of the applicable law remains at issue.

This matter arose when plaintiffs requested access to all written applications pertaining to active, valid licenses to carry a firearm possessed by defendant. Plaintiffs have not requested access to applications which did not result in a valid license.

Pursuant to the Pennsylvania Uniform Firearms Act (18 Pa.C.S. §6101 et seq.), it is a misdemeanor for a person, not excepted by statute, to carry a firearm on his person or in any vehicle without a license. See 18 Pa.C.S §§6106, 6119. Under the aforesaid Act, the defendant, as sheriff of Erie County, is charged with receiving, reviewing and acting upon all applications for such licenses. See 18 Pa.C.S §6109. Defendant currently maintains on file written applications pertaining to all valid licenses to carry a firearm issued during his tenure. Such a license is valid for a five-year term, after which a new application must be filled out and a new investigation instituted by defendant.

The actual application for a license to carry a firearm is a form prescribed by the Pennsylvania State Police under 18 Pa.C.S §6109(c). An applicant must provide information regarding his identity, residence, employment, Social Security number and reason for need to carry a firearm. The application also has a series of [657]*65715 additional questions. See 18 Pa.C.S §6109(e)(l). An affirmative response to any one of these questions would render an applicant per se ineligible for a license. The completed application is submitted to the sheriff for his review. Thereafter, the sheriff is to conduct an investigation to determine the applicant’s qualifications for the license. See 18 Pa.C.S §6109(d). Upon completion of his investigation, the sheriff is to issue a license to an applicant for “whom no good cause exists to deny a license.” 18 Pa.C.S §6109(e).

Upon plaintiffs’ request for access to all applications on file, defendant sheriff denied the request. Plaintiffs have filed a statutory appeal from the defendant sheriff’s denial and a concomitant motion for summary judgment and/or alternative disposition of the case.

On June 8,1992, prior to oral argument on the motion for summary judgment, this court granted Donald Walter Schick’s petition to intervene. Intervener Schick has a direct interest in the action as the holder of a valid, active license to carry a firearm in Erie County.

As a general rule, this court is most reluctant to grant summary judgment. It is necessary that there be no question of relevant fact. As stated in Garcia v. Savage, 402 Pa. Super 324, 586 A.2d 1375, 1376 (1991), the standard for summary judgment is exacting.

“Summary judgment may properly be entered only if ‘the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.’ Pa.R.C.P. 1035(b). The moving party has the burden of persuading the court [658]*658that no genuine issues exist as to the material facts. Summary judgment may be entered only where the case is free from doubt. In passing upon a motion for summary judgment, moreover, a court must examine the record in the light most favorable to the non-moving party. Any doubt must be resolved against the moving party.” Id., 586 A.2d at 1377. (citations omitted)

In that there are no material issues of fact in dispute, the matter would be ripe for summary judgment. The court notes, however, that even without the motion for summary judgment, this matter is ready for disposition. The facts have been stipulated and only a question of law remains.

The legal query in this case involves an interpretation of the Pennsylvania Right to Know Act (65 P.S. §66.1 et seq.), as it pertains to applications for licenses to carry firearms concealed on or about the person or in a vehicle within the Commonwealth of Pennsylvania. The Right to Know Act directs that “every public record of a governmental agency or body shall, at all reasonable times, be open for examination and inspection by any citizen of the Commonwealth of Pennsylvania.” 65 P.S. §66.1(2). Public records have been construed to include not only the agency’s decision but also these records “shown to be a basis for [an agency’s] determination.” Pastorev. Commonwealth Insurance Department, 125 Pa. Commw. 611, 558 A.2d 909 (1989). See also Lamolinara v. Barger, 30 Pa. Commw. 307, 373 A.2d 788 (1979); Young v. Armstrong School District, 21 Pa. Commw. 203, 344 A.2d 738 (1975); Patients of Philadelphia v. Commonwealth Department of Public Welfare, 53 Pa. Commw. 126, 417 A.2d 805 (1980); Pennsylvania Association for Children and Adults v. [659]*659Commonwealth Department of Education, 91 Pa. Commw. 531, 498 A.2d 16 (1985).

The parties have agreed by stipulation that the defendant, as duly elected sheriff of Erie County, is a governmental agency as defined by 65 P.S. §66.1 et seq. The license applications at first glance would fall under the statutory definition of public records. At issue herein is whether the license applications in question fall within the enumerated exceptions to the general rule that all public records are subject to disclosure.

The Right to Know Act specifically excludes from the definition of public record subject to disclosure four types of material records involved in an investigation; records to which access is unavailable due to statute, law or order or decree of court; records which would operate to the prejudice or impairment of a person’s reputation or personal security; and records which would cause the loss to the Commonwealth or any of its subdivisions of federal funds. 65 P.S. §66.1(2). Any document falling squarely within one or more of these exceptions is protected from public disclosure.

Defendant asserts that the applications in question are protected from public disclosure under two of the enumerated exceptions. Defendant bears the burden of proof as to these assertions. First, defendant asserts that disclosure of the applications in question would compromise his “investigation” and that, thus, they fall within the investigatory category of records excepted and excluded from the definition of public records.

[660]

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14 Pa. D. & C.4th 655, 1992 Pa. Dist. & Cnty. Dec. LEXIS 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/times-publishing-co-v-michel-pactcomplerie-1992.