Inoperable gun still a gun under law, court rules

[QuackXP]

Wednesday, July 20, 2011
The Associated Press
HARRISBURG -- A gun does not have to be in working, firing condition to trigger provisions of Pennsylvania's mandatory sentencing laws, the state Supreme Court said in a unanimous decision made public today.

The court ruled in the case of Sue Zortman, 43, who pleaded guilty in Clearfield County nearly four years ago to possession of marijuana and drug paraphernalia, possession with intent to deliver and conspiracy.

The county judge imposed a five-year minimum mandatory sentence because a .357 magnum under a bed was recovered along with drugs during a search of Ms. Zortman's Curwensville home.

Ms. Zortman testified at the trial of her boyfriend that the drugs were hers for personal use, according to the court ruling, and that she had the gun after having talked a co-defendant of her boyfriend's out of using it to kill his ex-wife's boyfriend in Florida.

The judge later granted a defense motion and lowered Ms. Zortman's sentence to nine months in county jail plus nine years of probation because the gun lacked a firing pin and so did not fit the legal definition of a firearm.

But the attorney general's office appealed to Superior Court, which said in 2009 that the mandatory minimum sentence enhancement should apply.

The Supreme Court agreed, citing a legal definition that a firearm is something "designed to or may readily be converted to expel a projectile" by an explosion or gas expansion.

"We have no doubt that the handgun was 'designed to' fire a bullet," wrote Chief Justice Ronald Castille. "Arguably, firing a bullet is the only true 'designed' function -- in fact, the essence -- of a handgun, pistol or firearm."

Justice Castille said that fact remains even if the weapon is defective or temporarily inoperable.

"A car without gas does not lose its identity as an entity designed for locomotion," the justice wrote. "A laptop computer does not cease to be a computer if its battery is removed. By the same reasoning, nor does a handgun lose its designed function merely because a critical piece is missing."

Read more: http://www.post-gazette.com/pg/11201...#ixzz1Sfpl3gmu

[knight0334]

Well no duh! The receiver alone is a gun/firearm under federal law, and a few passages of state law.

[King 5.45]

I'm pretty sure that the legal definition of a firearm is the frame that bears the serial number, whether or not it is operable. It might seem legally uncharitable to bust someone for an AR lower, for example, but it is what it is, upper or not, lower parts kit or not.

[knight0334]

I'm pretty sure that the legal definition of a firearm is the frame that bears the serial number, whether or not it is operable. It might seem legally uncharitable to bust someone for an AR lower, for example, but it is what it is, upper or not, lower parts kit or not.

It doesn't even have to bear a serial number because before 1968 serial numbers weren't required. Just the receiver alone is the firearm.

[armatum]

So...how about the slide and barrel of a semi-auto handgun? Slide would obviously include the hammer and firing pin, etc.

Firearm?

[streaker69]

So...how about the slide and barrel of a semi-auto handgun? Slide would obviously include the hammer and firing pin, etc.

Firearm?

No, because it doesn't have the receiver of the firearm present.

One has to wonder though how far this would go. Let's say the same .357 is found, but it's cut clearly in two. Would it still be considered a firearm.

[QuackXP]

So...how about the slide and barrel of a semi-auto handgun? Slide would obviously include the hammer and firing pin, etc.

Firearm?

As far as I'm aware those are just considered parts. You can freely order replacement barrels, springs, even whole upper conversions for a wide variety of handguns.

AR-15 based weapons are popular because of there simple and modular based original design where the stripped lower is the key part considered the firearm, everything else is just parts.

Its like a car and the VIN, the VIN is only on a few key pieces that make up the car, everything else can be swapped freely before you have to worry about invalidating the registration. With firearms its usually on on one key part, the frame or receiver.

[kevindsingleton]

No, because it doesn't have the receiver of the firearm present.

One has to wonder though how far this would go. Let's say the same .357 is found, but it's cut clearly in two. Would it still be considered a firearm.

According to the court's definition, it is "designed to" propel a bullet via the expansion of gas, or an explosion, so it's still a firearm, even if you cut it in two, or two million, pieces.

What if it's de-milled, such as with a welded barrel, or other modification, so that it's original purpose is completely altered to a new "designed to" purpose?

Although I think the court got it right, in this case, I'm not sure their reasoning carries over to other, similar, but different, cases.

[armatum]

According to the court's definition, it is "designed to" propel a bullet via the expansion of gas, or an explosion, so it's still a firearm, even if you cut it in two, or two million, pieces.

What if it's de-milled, such as with a welded barrel, or other modification, so that it's original purpose is completely altered to a new "designed to" purpose?

Although I think the court got it right, in this case, I'm not sure their reasoning carries over to other, similar, but different, cases.

My fear is that any collection of parts will be a firearm, when it is convenient (to them) to be a firearm.

[Pkspawn]

What if it's de-milled, such as with a welded barrel, or other modification, so that it's original purpose is completely altered to a new "designed to" purpose?

I'm thinking it is not a firearm.. This company https://www.tacticalmachining.com/ sells 30 and 80% finished Lowers, which they can ship directly to your home, no FFL required.. Then they can sell the jigs needed to finish them. Just need access to a machine shop. But once you turn it into a workable lower, I dunno what you are required by law to do, if anything.