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D'ALESSANDRO v. Pennsylvania State Police

Supreme Court of Pennsylvania · No. 131 MAP 2005 · 937 A.2d 404

Decided

👎Unfavorable to gun rights

the evidentiary holding rejected the applicant's position and sustained the domestic-violence basis for the license denial; the excerpt shows the holding, not the formal disposition

GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.

What the court held

The Pennsylvania State Police denied D'Alessandro a license to carry, treating his 1989 simple assault conviction as a federally disqualifying misdemeanor crime of domestic violence, which turned on whether the victim lived with him. The Commonwealth Court had held the police report's description of the victim as his "live-in girlfriend" inadmissible hearsay; the Pennsylvania Supreme Court majority held the statement admissible under the Judicial Code's public-records exception, finding nothing in the report indicating a lack of trustworthiness. A concurrence agreed on the ground that the statement was a party admission nested in a public record, and two justices dissented on the view that the officer recorded an inference rather than a fact.

Summarized from the court's opinion.

What this case is about

denial of a Pennsylvania license to carry a firearm based on a prior simple assault conviction

GunMapUSA summary of the issue, not a quotation from the court.

Key Dates

Read the full opinion The complete text of the court's decision, reproduced in full.

Sources

Summary of public court records. Not legal advice.