"possessing a firearm without a license" conviction

[emsjeep]

NORRISTOWN – A Pottstown man has been sentenced to state prison after pleading guilty to a weapons-related charge stemming from a domestic disturbance during which he originally was charged with assaulting his estranged wife.

Carl Edward DeBoard, 56, formerly of the 500 block of Chestnut Street, was sentenced in Montgomery County Court on Monday to two to four years in a state correctional facility after he pleaded guilty to a charge of possessing a firearm without a license in connection with an Aug. 2, 2007, incident.

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http://pottsmerc.com/articles/2009/0...2818856230.txt


"possessing a firearm without a license" ----huh? whats that about?

[Swarner793]

One possible scenario, he drove to her residence, pulled out a firearm and threatened her.

Another, he shows up, she calls Police, upon there arrival a firearm is discovered on his person.

Be safe (and licensed).

Scott

[emsjeep]

How could they charge him for having an a firearm without a license specifically when there is no such license? What is the concealed weapon without an LTCF charge?

[Swarner793]

He has an extensive criminal history, but here is what he ended up with this time around.


§ 6106. Firearms not to be carried without a license



(a) Offense defined.--

(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.

(2) A person who is otherwise eligible to possess a [FN1] valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.


(b) Exceptions.--The provisions of subsection (a) shall not apply to:

(1) Constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers.

(2) Members of the army, navy, marine corps, air force or coast guard of the United States or of the National Guard or organized reserves when on duty.

(3) The regularly enrolled members of any organization duly organized to purchase or receive such firearms from the United States or from this Commonwealth.

(4) Any persons engaged in target shooting with a firearm, if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the firearm is not loaded.

(5) Officers or employees of the United States duly authorized to carry a concealed firearm.

(6) Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property in the discharge of such duties.

(7) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person, having in his possession, using or carrying a firearm in the usual or ordinary course of such business.

(8) Any person while carrying a firearm which is not loaded and is in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair, sale or appraisal or back to his home or place of business, or in moving from one place of abode or business to another or from his home to a vacation or recreational home or dwelling or back, or to recover stolen property under section 6111.1(b)(4) (relating to Pennsylvania State Police), or to a place of instruction intended to teach the safe handling, use or maintenance of firearms or back or to a location to which the person has been directed to relinquish firearms under 23 Pa.C.S. § 6108 (relating to relief) or back upon return of the relinquished firearm or to a licensed dealer's place of business for relinquishment pursuant to 23 Pa.C.S § 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or back upon return of the relinquished firearm or to a location for safekeeping pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment to third party for safekeeping) or back upon return of the relinquished firearm.

(9) Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing as permitted by such license, or are going to the places where they desire to hunt, take furbearers or fish or returning from such places.

(10) Persons training dogs, if such persons are actually training dogs during the regular training season.

(11) Any person while carrying a firearm in any vehicle, which person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.

(12) A person who has a lawfully issued license to carry a firearm pursuant to section 6109 (relating to licenses) and that said license expired within six months prior to the date of arrest and that the individual is otherwise eligible for renewal of the license.

(13) Any person who is otherwise eligible to possess a firearm under this chapter and who is operating a motor vehicle which is registered in the person's name or the name of a spouse or parent and which contains a firearm for which a valid license has been issued pursuant to section 6109 to the spouse or parent owning the firearm.

(14) A person lawfully engaged in the interstate transportation of a firearm as defined under 18 U.S.C § 921(a)(3) (relating to definitions) in compliance with 18 U.S.C. § 926A (relating to interstate transportation of firearms).

(15) Any person who possesses a valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state, regardless of whether a reciprocity agreement exists between the Commonwealth and the state under section 6109(k), provided:

(i) The state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109.

(ii) The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.

(16) Any person holding a license in accordance with section 6109(f)(3).

[knight0334]

Most likely its the new reporting's misuse of words.

If he transported the gun in the vehicle, and his destination wasn't one of the exempted locations, and he didn't have a license - he's guilty.

Now figuring his wife was estranged, possibly meaning she was living elsewhere other than their common domicile, it would most likely not be one of the exempted locations.

[Bruce]

Most likely its the new reporting's misuse of words. [...]

Precisely.

Reporters (and the companies they work for) want their stories "picked up" - this is how they make money. If they would have stated: "Carrying a Firearm Concealed or In a Vehicle Without a valid License to Carry Firearms" is probably far more accurate, but is just way too long for an attention grabbing "headline" (especially when we are dealing with the attention spans of your common gerbil) and would be altogether too confusing for the average 7th grade level reading skills of your typical media consumer.
.

[Swarner793]

Precisely.

Reporters (and the companies they work for) want their stories "picked up" - this is how they make money. If they would have stated: "Carrying a Firearm Concealed or In a Vehicle Without a valid License to Carry Firearms" is probably far more accurate, but is just way too long for an attention grabbing "headline" (especially when we are dealing with the attention spans of your common gerbil) and would be altogether too confusing for the average 7th grade level reading skills of your typical media consumer.
.

I disagree. I believe "possessing a firearm without a license" is an accurate description for the charge "§ 6106. Firearms not to be carried without a license" save for a few words. Listing the definition of an offense is different than listing the offense. While I agreee it is more accurate, it is not always feasible to list the definitions of the offenses the defendants are charged with.

Be safe (and, sometimes, not too articulate).

Scott

[Bruce]

I disagree. I believe "possessing a firearm without a license" is an accurate description for the charge "§ 6106. Firearms not to be carried without a license" save for a few words. [...]

"Noticing he wasn't breathing" and "Strangling the very life out of him with his bear hands" could be considered 'accurate - save a few words' using this logic.

Possess: To have as property; to own.

If he owned the firearm illegally, that would make the fact that he didn't have a license of no consequence; and not germane to the discussion. Why bring up licenses at all?

It isn't a "License to Posses Firearms".

To 'spin' the report in this way would likely cause a layperson to assume a license is required to "possess" firearms - which is not the case (in Pennsylvania).
.

[Swarner793]

"Noticing he wasn't breathing" and "Strangling the very life out of him with his bear hands" could be considered 'accurate - save a few words' using this logic.

Possess: To have as property; to own.

If he owned the firearm illegally, that would make the fact that he didn't have a license of no consequence; and not germane to the discussion. Why bring up licenses at all?

It isn't a "License to Posses Firearms".

To 'spin' the report in this way would likely cause a layperson to assume a license is required to "possess" firearms - which is not the case (in Pennsylvania).
.

I think you may be too sensitive to the reporting of the story. In the name of accuracy, "posses" also means "to maintain control over" and "to occupy and hold". A listed synonym for it is "have".

Couple that with the fact that he is a prohibited person, it is essentially the mere possession of the firearm was the offense, leave out the fact that he could not be licensed if he asked/applied.

I understand that the OP was for the purpose of showing the inaacuracy of the media when it comes to reporting on firearms issues. As reports go, I find this to be more on the accurate side than most. The article stated "Possessing" a firearm without a license and the offense is "carrying" a firearm without a license. Not as drastic as your "strangling" example.

Be safe (and anti-semantic).

Scott

[JohnDaniels2006]

Considering the PA state Constitution says the citizens right to keep and bear arms shall not be QUESTIONED, I think its about time that we did away with LTCFs in PA, as an application for one is nothing less than a citizen's right to bear being questioned.