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Moats v. Pennsylvania State Police

Where application to renew license to carry a firearm was denied, order of ALJ affirmed because determination that petitioner's criminal history record was accurate was supported by substantial evidence.

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Submitted: July 13, 2001

Arthur J. Moats (Petitioner), petitions for review of an order of an Administrative Law Judge (ALJ), sustaining a decision of the Pennsylvania State Police (PSP) that Petitioner’s criminal history record is accurate. We affirm.

On or about June 25, 1958, Petitioner pled guilty and was convicted of larceny pursuant to Section 4807 of the Crimes Code, now repealed, *fn1 for stealing six dollars worth of gasoline. Petitioner was sentenced to three years probation. On April 6, 1999, Petitioner filed an application to renew his license to carry a firearm with the Fayette County Sheriff’s Office. Pursuant to Section 6109(d) of the Pennsylvania Uniform Firearms Act of 1995 (Act), 18 Pa. C.S. �6109(d), the Sheriff investigated Petitioner’s criminal history record. The Sheriff then denied Petitioner’s application because of a 1958 larceny conviction, a crime punishable by imprisonment for a term exceeding one year.*fn2 The Sheriff’s notice of the license denial included a “Pennsylvania Instant Check System Challenge” form and stated:

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