concurring and dissenting.
I concur in part and dissent in part. Like the majority, I would sustain Respondents’ preliminary objection asserting that the Governor is not a proper party to this *362action; I would overrule the preliminary objection asserting that this court lacks equity jurisdiction because there exists an alternative remedy at law; and I would sustain the preliminary objection asserting that Petitioners have faded to state a claim for which relief can be granted with respect to section 6111(b) of the Pennsylvania Uniform Firearms Act of 1995 (Firearms Act), 18 Pa.C.S. §§ 6101-6162. However, unlike the majority, I would overrule the preliminary objection asserting that Petitioners have failed to state a claim for which relief can be granted with respect to section 6111.4 of the Firearms Act, 18 Pa.C.S. § 6111.4.
Section 6111.4 of the Firearms Act provides:
Notwithstanding any section of this chapter to the contrary, nothing in this chapter shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth. For the purposes of this section only, the term “firearm” shall include any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
18 Pa.C.S. § 6111.4 (emphasis added). Petitioners allege that Respondents maintain a database of handgun sales.1 Based on the plain meaning of the words in section 6111.4 of the Firearms Act, I believe that a database of handgun sales is a “registry of firearm ownership.”
Words and phrases in a statute shall be construed according to their common and approved usage. Section 1903 of the Statutory Construction Act of 1972, 1 Pa.C.S. § 1903. A database is a collection of records, and a “registry” is an official record.2 See Webster’s Third New International Dictionary 1912 (1993). A handgun is a “firearm” because it is a weapon designed to expel a projectile by the action of an explosive.3 See 18 Pa.C.S. § 6111.4. A sale is a transfer of “ownership” from one person to another.4 See Webster’s Third *363New International Dictionary 2003 (1993). No further analysis is necessary; the words are clear and free from ambiguity. See section 1921(b) of the Statutory Construction Act of 1972, 1 Pa.C.S. § 1921(b). A database containing records of handgun sales is a “registry of firearm ownership.”
I point out that we are at the preliminary objection stage of the proceedings in this case. In order to sustain preliminary objections, it must appear with certainty that the law will not permit recovery, and any doubt should be resolved by a refusal to sustain them. Envirotest Partners v. Department of Transportation, 664 A.2d 208 (Pa.Cmwlth.1995). To me, it does not appear certain that the law will not permit Petitioners to recover under section 6111.4 of the Firearms Act. To the extent there could be any doubt in that regard, I would refuse to sustain the preliminary objection.
Judge PELLEGRINI joins in this Dissenting Opinion.
. In ruling on preliminary objections, this court must accept as true all well-pleaded material allegations in the petition for review, as well as all inferences reasonably deduced from them. Envirotest Partners v. Department of Transportation, 664 A.2d 208 (Pa.Cmwlth. 1995).
. The majority agrees that the database is a registry. (Majority op. at 359-60.)
. The majority concludes that a registry of "handgun” ownership is not a registry of "firearm” ownership because a handgun registry would not include records for all firearms owned by Pennsylvanians. (Majority op. at 360.) In other words, the majority holds that section 6111.4 of the Firearms Act prohibits only a complete firearm ownership registry, but that it permits a partial firearm ownership registry. I cannot agree.
First, section 6111.4 of the Firearms Act prohibits "any” registry, and a partial registry of firearm ownership is still a registry of firearm ownership. By ignoring the word "any” in its analysis of section 6111.4, the majority has transformed the statutory phrase “any registry of firearm ownership” into "a complete registry of firearm ownership.” I cannot accept such a re-writing of the statute.
Second, section 6111(b)(l.l)(v) of the Firearms Act, 18 Pa.C.S. § 6111 (b)( 1.1 )(v), states that section 6111.4 precludes an ownership registry for long guns. An ownership registry for long guns would be a partial ownership registry. Thus, the statute itself makes clear that section 6111.4 does not permit & partial ownership registry. The majority does not address the interpretation of section 6111.4 set forth in section 6111(b)(l.l)(v).
.The majority makes a distinction between a registry of "ownership” and a registry of "sales,” acknowledging that the distinction is slight. (Majority op. at 360.) However, section 6111(b)(l.l)(v) of the Firearms Act specifically states that the retention of a "record of sale ... is precluded by 6111.4.” Thus, the statute itself makes clear that the record of "sale” is the record of "ownership.” As indi*363cated above, the majority does not address the interpretation of section 6111.4 set forth in section 6111(b)(l.l)(v).