The Second Amendment Foundation (SAF) has filed an amicus brief in the case of a woman who is challenging a decision by the Pennsylvania State Police to deny her application for a license to carry because of a past conviction in Arizona that was set aside, so it no longer exists.
SAF is joined in the brief by the Firearms Owners Against Crime Institute for Legal, Legislative, and Education Action. Attorneys Joshua Prince and Dillon Harris with the Civil Rights Defense Firm prepared the amicus document.
The brief supports a woman named Amanda Jo Reese, whose conviction in Arizona was set aside by the Superior Court of Arizona for the County of Mohave.
The crux of the case lies in a past conviction in Arizona that was subsequently set aside, effectively nullifying it. This pivotal event in Reese’s legal journey occurred in March 2005 when, as noted in the amicus brief, “the Superior Court of Arizona for the County of Mohave issued three identical Orders ‘setting aside the judgment of guilt…dismissing the accusation or information, and releasing the defendant from all penalties and disabilities resulting from the conviction.’
The Pennsylvania State Police, however, maintain a different stance. They argue that the set-aside conviction in Arizona does not exempt Reese from Pennsylvania’s gun control laws. This position has led to a legal standoff, with SAF and its allies challenging the PSP’s interpretation and application of the law.
“Our amicus brief contends the administrative law judge’s determination in Ms. Reese’s case was correct, and that her criminal conviction no longer exists, which is consistent with the Arizona Superior Court’s decision setting aside an earlier guilty verdict in that state,” explained SAF Executive Director Adam Kraut. “But the Pennsylvania State Police are stubbornly refusing to recognize the court’s action, and continue to deny Ms. Reese’s application, and essentially her right to keep and bear arms.”
SAF’s amicus brief includes a brief history of Ms. Reese’s legal trouble, noting that back in March 2005, “the Superior Court of Arizona for the County of Mohave issued three identical Orders “setting aside the judgment of guilt…dismissing the accusation or information, and releasing the defendant from all penalties and disabilities resulting from the conviction.”
“That’s as matter-of-fact as anyone can get,” Kraut observed. “We’re submitting this amicus brief because the State Police’s contention that individuals who had their convictions set-aside and their rights restored are somehow still prohibited under Pennsylvania law offends prior precedent and defies logic.”
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
from https://ift.tt/Aa7cXms
via IFTTT
No comments:
Post a Comment