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Commonwealth of Pennsylvania v. William C. Stiver

May 30, 2012

COMMONWEALTH OF PENNSYLVANIA, APPELLANT
v.
WILLIAM C. STIVER, JR., APPELLEE



Appeal from the Order Entered September 12, 2011 In the Court of Common Pleas of Clinton County Criminal Division at No(s): CP-18-CR-0000155-1987

The opinion of the court was delivered by: Lazarus, J.

J-A12029-12

BEFORE: GANTMAN, J., LAZARUS, J., and MUNDY, J.

OPINION BY LAZARUS, J.

The Commonwealth of Pennsylvania appeals from the order entered in the Court of Common Pleas of Clinton County granting William C. Stiver, Jr.'s application to restore civil rights. Because the trial court did not have the authority to restore Stiver's civil rights to sit on a jury or hold public office, we vacate the trial court's order.

In September 1986, Stiver was convicted by a jury of theft (F3) and other related offenses. As a result of his conviction, Stiver was prohibited under state and federal law from possessing or controlling firearms. See 18 Pa.C.S.A. § 6105(a), (b) (prohibiting firearm ownership following conviction of certain enumerated offenses, including theft); 18 U.S.C. § 922(g)(1)

(prohibiting firearm ownership to anyone who has been convicted of a crime punishable by more than one year in prison).

On December 17, 2010, Stiver filed an Application for Exemption pursuant to 18 Pa.C.S.A. § 6105(d) to the prohibition against owning or possessing a firearm under section 6105(a). Section 6105(d) provides:

(d) Exemption.--A person who has been convicted of a crime specified in subsection (a) or (b) or a person whose conduct meets the criteria in subsection (c)(1), (2), (5),

(7) or (9) may make application to the court of common pleas of the county where the principal residence of the applicant is situated for relief from the disability imposed by this section upon the possession, transfer or control of a firearm. The court shall grant such relief if it determines that any of the following apply:

(1) The conviction has been vacated under circumstances where all appeals have been exhausted or where the right to appeal has expired.

(2) The conviction has been the subject of a full pardon by the Governor.

(3) Each of the following conditions is met:

(i) The Secretary of the Treasury of the United States has relieved the applicant of an applicable disability imposed by Federal law upon the possession, ownership or control of a firearm as a result of the applicant's prior conviction, except that the court may waive this condition if the court determines that the Congress of the United States has not appropriated sufficient ...


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