Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Dec 2006
    Location
    GBURG, Pennsylvania
    (Adams County)
    Posts
    1,561
    Rep Power
    2105

    Default What penalty does this offense carry?

    18 6106 A1 FIREARMS NOT TO BE CARRIED W/O LICENSE

    I used the link to check for court dockets and I found the exact charge that someone I know was convicted of. I want to see what his sentence SHOULD have been.
    Adams County Sport Handgunners Association - President

  2. #2
    Join Date
    Mar 2006
    Location
    Mountain Top, Pennsylvania
    (Luzerne County)
    Age
    53
    Posts
    11,944
    Rep Power
    632700

    Default Re: What penalty does this offense carry?

    Depends on whether tey are a 'prohibited person'(iow, would not qualify for a LTCF)
    OR used the weapon in a crime.

    § 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
    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.

    Now, keep in mind, the sentence will depend on the persons PSI (Pre Sentencing Inquiry?) and the judge.
    The PSI contains info about the person like job history, family status, criminal and traffic record, etc, etc.
    The judge is supposed to take the persons overall standing as a citizen into consideration when sentancing.

  3. #3
    Join Date
    Jul 2007
    Location
    Paxinos, Pennsylvania
    (Northumberland County)
    Age
    46
    Posts
    884
    Rep Power
    147036

    Default Re: What penalty does this offense carry?

    LOTS of good stuff here....
    http://pcs.la.psu.edu/
    Looks like your dude got whacked with an F3 - up to 7 years in prison.
    To know what the sentence should have been, you really need to know his priors. Sentencing matrices can be found on that website as well. IF he had no prior record, penalty should have been at least 6 mos. in jail or on house arrest. (Thats if it was the F3 and not the M1). Also, thats not to say the DA prosecuting didnt ask for mitigating circumstances.

  4. #4
    Join Date
    Dec 2006
    Location
    GBURG, Pennsylvania
    (Adams County)
    Posts
    1,561
    Rep Power
    2105

    Default Re: What penalty does this offense carry?

    He was on probation for DUI (Pot), as well as possession.

    He had it in his pocket, did not use it in a crime.

    Has had a lengthy record of traffic offenses, license suspension, minor drug charges. Can't hold a job for any length of time, was not employed at the time.
    Adams County Sport Handgunners Association - President

  5. #5
    Join Date
    Aug 2006
    Location
    North Huntingdon, Pennsylvania
    (Westmoreland County)
    Posts
    1,488
    Rep Power
    435047

    Default Re: What penalty does this offense carry?

    Quote Originally Posted by djturnz View Post
    He was on probation for DUI (Pot), as well as possession.

    He had it in his pocket, did not use it in a crime.

    Has had a lengthy record of traffic offenses, license suspension, minor drug charges. Can't hold a job for any length of time, was not employed at the time.
    If I am not mistaken, having a firearm along with marijuana in your possession tacks 5 years onto the charges for just the weed and/or just the gun. I am surprised your buddy isn't locked up right now considering the Gun + weed = sentence + 5 years, not to mention the DUI AND probation already.

    He must have lucked out or had a good lawyer.
    "Because I'm an American." - MtnJack

  6. #6
    Join Date
    Dec 2006
    Location
    GBURG, Pennsylvania
    (Adams County)
    Posts
    1,561
    Rep Power
    2105

    Default Re: What penalty does this offense carry?

    He was on probation for DUI and weed possession. The only charge he got was the gun and violating probation. He got 14 months plus 18 months probation.
    Adams County Sport Handgunners Association - President

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