28 A.3d 220
Pa. Commw. Ct.2011Background
- Perkoski seeks review of PSP’s denial of his firearms purchase application following an S. 922(g)(1) disqualification based on a 2001 DUI conviction.
- Perkoski had DUI convictions in 1988, 1990, 2001, and 2002; the 2001 DUI is at issue for firearm eligibility.
- PSP challenged the denial by noting the 2001 DUI as a disqualifying conviction under federal law.
- ALJ denied relief; Perkoski appealed to Commonwealth Court for review limited to substantial evidence, constitutional rights, or legal error.
- Crucial issue: whether the 2001 DUI was properly graded as a first-degree misdemeanor for purposes of firearm prohibition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2001 DUI was properly graded as first-degree misdemeanor | Perkoski argues 2001 DUI is second-degree | Perkoski’s 2001 DUI was properly graded first-degree | Yes; 2001 DUI correctly graded first-degree for sentencing and grading purposes |
| Whether grading under § 3731(e)(1) and look-back provisions align with Alexander | Alexander contradicts grading using seven-year look-back for sentencing | Alexander recognizes grading uses time-of-sentencing count, not look-back for grading | Alexander controls; grading remains first-degree when applicable |
| Whether a first-degree DUI bars firearm purchase under the federal Gun Control Act | First-degree DUI triggers disqualification under 18 U.S.C. § 922(g)(1) | Second-degree DUI would not bar firearm possession, but here it is first-degree | Affirmed denial; first-degree DUI disqualification applies |
Key Cases Cited
- Commonwealth v. Alexander, 811 A.2d 1064 (Pa. Super. 2002) (grading vs sentencing distinction for DUI offenses)
- Commonwealth v. Jarowecki, 604 Pa. 242, 985 A.2d 955 (Pa. 2009) (Supreme Court ruling; impact on Alexander discussed)
- Freeman v. Pa. State Police, 2 A.3d 1259 (Pa. Cmwlth. 2010) (scope of Commonwealth Court review for PSP firearm denials)