PA Commonwealth Court rules that Pittsburgh DA must review criminal complaints against assault weapons ban News
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PA Commonwealth Court rules that Pittsburgh DA must review criminal complaints against assault weapons ban

The Commonwealth Court of Pennsylvania ruled Tuesday that Allegheny County DA Stephen Zappala violated his duty when he failed to review private criminal complaints against Pittsburgh’s assault weapons ban and compelled Zappala to do so.

In response to the Tree of Life Synagogue Shooting in 2019, firearm ordinances were passed that outlawed certain firearms and firearm accessories within the city limits. Shortly after, multiple private criminal complaints were presented to Zappala’s office against Former Pittsburgh Mayor Bill Peduto and various city council members.

The private complaints alleged that the gun legislation violated 18 Pa.C.S. § 5301, which involves abuse of office. Zappala denied the complaints. The private citizens then filed a complaint in mandamus seeking to compel Zappala to review the complaints. The Court of Common Pleas of Allegheny County granted Zappala’s preliminary objections against the private complaints in mandamus with prejudice.

The Commonwealth Court ruled that, under the PA Rules of Criminal Procedure, Zappala “was required under Rule 506 to review the Private Criminal Complaints and either approve and forward them to the issuing authority (a Magisterial District Judge), or deny them, stating the reasons for the denials in writing on the Private Criminal Complaints.”

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