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GARDNER v. JENKINS

No. 903 C.D. 1986.

116 Pa.Commw. 107 (1988)

541 A.2d 406

Irving Gardner, Appellant v. Frank W. Jenkins, Sheriff of Montgomery County, Appellee.

Commonwealth Court of Pennsylvania.

May 11, 1988.

Attorney(s) appearing for the Case

James R. Caiola, Caiola, Caiola & Gowen, with him, Richard E. Gardiner, Assistant General Counsel, National Rifle Association, for appellant.

Ross Weiss, Shor, Levin & Weiss, P.C., for appellee.

Submitted on briefs June 10, 1987, to President Judge CRUMLISH, JR., Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO.

OPINION BY JUDGE CRAIG, May 11, 1988:

Irving Gardner appeals from an order of the Court of Common Pleas of Montgomery County which overruled his exceptions to the trial court's earlier order dismissing his complaint in mandamus.

Gardner applied to Frank Jenkins, Sheriff of Montgomery County, for a license to carry a concealed weapon, pursuant to section 6109 of the Pennsylvania Uniform Firearms Act, 18 Pa. C. S. §6109. The sheriff

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