No. 19-6487

Sean M. Donahue v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2019-11-04
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 18-usc-921a20b 18-usc-922g1 civil-rights civil-rights-restoration constitutional-infirmity cumulative due-process firearms-disabilities firearms-disability jurisdictional-authority misdemeanor-conviction pennsylvania restoration-of-rights second-amendment statutory-interpretation
Latest Conference: 2020-01-24 (distributed 2 times)
Question Presented (from Petition)

DOES TREATING "CIVIL RIGHTS " AS CUMULATIVE RENDER THE
ENFORCEMENT OF 18 U.S.C. §922(g)(l) AND 18 U.S.C. §921(a)(20)(B) TO BE
CONSTITUTIONALLY INFIRM WITHIN PENNSYLVANIA?

IN A CASE IN WHICH AN APPELLANT WHO HAS BEEN CONVICTED
OF A FIRST DEGREE MISDEMEANOR IN PENNSYLVANIA DOES NOT
STIPULATE TO THE MEANING OF "HAS HAD CIVIL RIGHTS RESTORED "
REFERRING EXPLICITLY TO, AND ONLY, TO "THE RIGHT TO VOTE, THE
RIGHT TO SEEK AND HOLD PUBLIC OFFICE AND THE RIGHT TO SERVE ON
A JURY ', DO PENNSYLVANIA TRIAL COURTS HAVE THE AUTHORITY AND
JURISDICTION NECESSARY TO RESTORE ENOUGH "CIVIL RIGHTS " TO
EFFECTUATE THE REMOVAL OF A FIREARMS DISABILITY UNDER 18 U.S.C.
§922(g)(l) AND 18 U.S.C. §921(a)(20)(B)?

ARE MISDEMEANANTS IN PENNSYLVANIA EXEMPT FROM FIREARMS
DISABILITIES UNDER 18 U.S.C. §922(g)(l) AND 18 U.S.C. §921(a)(20)(B) WITH
REGARD TO FIREARMS THAT WERE POSSESSED OR OWNED PRIOR TO AN
INDIVIDUAL INCURRING A FIRST DEGREE MISDEMEANOR CONVICTION
IN PENNSYLVANIA AND ALSO WITH REGARD TO FIREARMS
MANUFACTURED WITHIN THE STATE OF PENNSYLVANIA OR FIREARMS
ASSEMBLED IN PENNSYLVANIA, IN WHICH THE 'CONTROLLED PARTS ' ARE
MANUFACTURED WITHIN PENNSYLVANIA.

Question Presented (AI Summary)

Does treating 'civil rights' as cumulative render the enforcement of 18 U.S.C. §922(g)(1) and 18 U.S.C. §921(a)(20)(B) to be constitutionally infirm within Pennsylvania?

Docket Entries

2020-01-27
Rehearing DENIED.
2020-01-08
DISTRIBUTED for Conference of 1/24/2020.
2019-12-31
Petition for Rehearing filed.
2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-11-07
Waiver of right of respondent Pennsylvania to respond filed.
2019-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 4, 2019)

Attorneys

Pennsylvania
Christopher Joseph SchmidtPennsylvania Office of Attorney General, Respondent
Sean M. Donahue
Sean M. Donahue — Petitioner