Com. v. M.J. Spell
1720 C.D. 2016
| Pa. Commw. Ct. | Nov 9, 2017Background
- Appellant Marvase J. Spell sought restoration of his firearm rights after prior convictions that, under 18 Pa.C.S. § 6105, disqualify him from possessing firearms.
- In 2015 this Court affirmed administrative denial of his PSP restoration application and indicated relief must be sought in the court of common pleas.
- Spell filed a petition in Allegheny County Court of Common Pleas on May 27, 2016, and a hearing was scheduled for June 28, 2016.
- Spell failed to appear at the scheduled hearing; the District Attorney and Sheriff opposed his petition, and the trial court denied relief on July 1, 2016.
- Spell appealed pro se; the appellate court reviewed whether the trial court erred in denying relief but found Spell made no factual record and did not appear to present evidence required under § 6105.
- The Commonwealth Court affirmed, holding the trial court could not grant relief without the applicant’s participation and necessary factual showing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred in denying restoration of firearm rights | Spell argued he met criteria for relief under 18 Pa.C.S. §§ 6105(d)(3)(ii), 6105(e)(2), and § 6105.1 and thus should have restoration proceedings/hearing | Commonwealth (via DA/Sheriff) opposed restoration; trial court argued petitioner failed to appear and failed to make factual showing required by statute | Denial affirmed — applicant failed to appear and did not create the factual record necessary for the court to determine statutory eligibility, so trial court did not err |
Key Cases Cited
- Cambria County Mental Health/Mental Retardation v. State Civil Service Commission, 756 A.2d 103 (Pa. Cmwlth. 2000) (appellate review limited to certified record)
- Busch v. Department of Transportation, Bureau of Driver Licensing, 900 A.2d 992 (Pa. Cmwlth. 2006) (appellate court cannot create new factual records)
- Department of Transportation, Bureau of Driver Licensing v. Boros, 620 A.2d 1139 (Pa. Cmwlth. 1993) (appellate courts do not consider issues not raised below)
- Azzarrelli v. City of Scranton, 655 A.2d 648 (Pa. Cmwlth. 1995) (standard of review for trial court decisions on appeal)