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Lehman v. Pennsylvania State Police

Supreme Court of Pennsylvania · No. 60 MAP 2002 · 839 A.2d 265

Decided

👎Unfavorable to gun rights

ex post facto challenge rejected, leaving the firearms disability and the purchase denial in place

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

What the court held

A man denied a rifle purchase because of a 1962 larceny conviction for stealing a $3.38 case of beer argued that applying the federal felon-in-possession bar, 18 U.S.C. section 922(g)(1), to that pre-enactment conviction was an ex post facto law. The Pennsylvania Supreme Court held the statute does not violate the federal or state ex post facto prohibitions and so could afford him no relief on that ground; his other constitutional claims had been treated as waived below. Two justices wrote separately, one noting that the same theft committed today would create no firearms disability.

Summarized from the court's opinion.

What this case is about

Pennsylvania firearms disability based on a decades-old felony larceny 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.