Commonwealth v. Clegg

OPINION

Justice BAER.

The Uniform Firearms Act, 18 Pa.C.S. § 6105, prohibits an individual from possessing a firearm if he has been previously convicted of an offense set forth in the statute (a “qualifying offense”).1 In this case we determine whether attempted *470burglary is a qualifying offense. The Superior Court found that it was. We reverse.

The factual and procedural history of the case is straightforward. In February 2008, a Wildlife Conservation Officer of the Pennsylvania Game Commission found Appellant Mark Brooks Clegg in possession of two rifles during a hunting incident. Appellant had…