Legal Opinion · Concurrence

Commonwealth v. McKown

Superior Court of Pennsylvania

Decided October 22, 2013Published

1Concurrence

CONCURRING OPINION BY

FITZGERALD, J.:

I respectfully concur in the result in what is the first case from this Court to address the right to bear arms since District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008). The majority holds that because Appellant did not possess a valid and lawfully issued New Hampshire license, he did not fulfill the requirements of 18 Pa.C.S. § 6106(b)(15). Because I consider that dispositive, I would not resolve Appellant’s other statutory arguments in support of his first issue, which I construe as dependent upon the existence of a valid…

2Cases cited13 opinions

  1. District of Columbia v. HellerSupreme Court of the United States · 2008
  2. United States v. MarzzarellaCourt of Appeals for the Third Circuit · 2010
  3. Robertson v. BaldwinSupreme Court of the United States · 1897
  4. Peterson v. MartinezCourt of Appeals for the Tenth Circuit · 2013
  5. Drake v. FilkoCourt of Appeals for the Third Circuit · 2013

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