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Tsokas v. Board of Licenses and Inspections Review

Revocation of plaintiff's firearms permit affirmed because evidence supported the conclusion that plaintiff did not possess the requisite character and reputation to carry a firearm.

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Argued: March 6, 2001

Michael Tsokas (Appellant) appeals from the order of the Court of Common Pleas of Philadelphia County that affirmed the decision of the Board of Licenses and Inspections Review (Board), which upheld the revocation of Appellant’s firearms permit by the City of Philadelphia Police Commissioner (City). The City revoked the license in accordance with Section 6109 of the Pennsylvania Uniform Firearms Act of 1995 (Uniform Firearms Act), as amended, 18 Pa. C.S. �6109, because of an “active protective order” lodged against Appellant for one year pursuant to a private criminal complaint filed against him. Appellant contends that the trial court erred (a) in failing to reinstate his license once the private criminal complaint was dismissed and he was found not guilty, (b) in determining that Appellant is an individual of bad reputation and character and would be a danger to public safety and (c) in improperly considering evidence which was tainted and created by the private criminal complainant who did not appear in court to testify.

Appellant is a 70-year old dentist who resides in Philadelphia and maintains a dental practice near Temple University. The City revoked Appellant’s license to carry a firearm on April 13, 1998 pursuant to the City’s investigation of Appellant’s application for a renewal of his license. The investigation disclosed the outstanding protective order related to harassment and terroristic threats charges lodged against Appellant in a private criminal complaint filed by Ali Joobeen. The revocation notice also indicated that a renewal of Appellant’s license would be disapproved due to the order. The criminal charges were subsequently dismissed by the court of common pleas on June 16, 1999.

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