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BOARD LICENSE AND INSPECTION REVIEW v. JON S. MIROWITZ (02/02/87)

decided: February 2, 1987.

BOARD OF LICENSE AND INSPECTION REVIEW, APPELLANT
v.
JON S. MIROWITZ, APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Jon S. Mirowitz v. Board of License and Inspection Review, No. 1557 October Term, 1984.

COUNSEL

Steven K. Ludwig, Assistant City Solicitor, with him, Flora Barth Wolf, Chief Assistant City Solicitor, Marguerite R. Goodman, Divisional Deputy City Solicitor, and Handsel B. Minyard, City Solicitor, for appellant.

Burton A. Rose, Peruto, Ryan & Vitullo, for appellee.

Judges Craig and Doyle, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 103 Pa. Commw. Page 416]

The Board of License and Inspection Review of the City of Philadelphia filed a notice of appeal to this court following an order of the Court of Common Pleas of Philadelphia County which reversed the board's order and directed that the board grant Mr. Mirowitz a license to carry a firearm.

The record indicates that the board granted Mr. Mirowitz, who is a practicing attorney, a license to carry a firearm in 1977, 1978 and 1979. The license granted in 1979 expired in December of 1980. During 1980, Mr. Mirowitz applied for an extension of that license, which the board denied.*fn1

The present appeal arises from the April 1984 refusal of the city's Department of Licenses and Inspections to grant Mr. Mirowitz's application for a permit to carry a firearm.

Before the passage of the Philadelphia Home Rule Charter, 351 Pa. Code §§ 1.1-100 to 12.12-503, section 109(a) of the Pennsylvania Uniform Firearms Act, 18 Pa. C.S. § 6109(a), controlled the issuance of gun licenses in the City of Philadelphia. That section provides:

The chief or head of any police force or police department of a city, . . . may, upon the application of any person, issue a license to such person to carry a firearm in a vehicle or concealed on or about his person within this Commonwealth for

[ 103 Pa. Commw. Page 417]

    not more than one year from date of issue, if it appears that the applicant has good reason to fear an injury to his person or property, or has any other proper reason for carrying a firearm, and that he is a suitable person to be so licensed.

However, section 5-1000 of the Philadelphia Home Rule Charter, 351 Pa. Code § 5.5-1000 now empowers "the Department of Licenses and Inspections [to] exercise the power and perform the duties related to licensing and inspection formerly exercised and performed by all officers, departments, boards and commissions of the city. . . ."

Consistent with that language, Section 5-1002 of the Philadelphia Home Rule Charter, 351 Pa. Code § 5.5-1002, provides:

The Department of Licenses and Inspections shall have the power and its duty shall be to ...


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