Philly Politicos want a tougher “straw purchase” handgun law but Pennsylvania already has a 5 year mandatory sentence.
Recently, the Philadelphia Inquirer published a story about the straw gun purchase problem in Philadelphia. The article implied that the city suffered from weak gun laws within Pennsylvania. These alleged weak state laws are the primary cause of the ongoing and growing violence problems in the city. This is simply not true! The article authors, in addition to not explaining the current state of the law, made it clear that they have poor understanding of the Pennsylvania Court system.
The article’s authors allegedly reviewed more than 135 court cases where defendants faced criminal charges including selling a gun to an ineligible person, providing false information about gun ownership, or making false statements during a purchase. These cases resulted in nearly 900 guns into circulation within Philadelphia and its surrounding counties of Bucks, Delaware, Montgomery, and Chester Counties.
Despite what appears to be countless hours spent on researching and writing this article, the authors failed to mention that Pennsylvania already maintains a strong anti-straw purchase gun law!
Pennsylvania’s Uniform Firearms Act
Pennsylvania’s Uniform Firearms Act addresses all matters concerning the illegal use, possession, sale and transfer of handguns, shotguns and other firearms within the Commonwealth. While most of our law firm’s representation deals with allegations involving violations of Section 6105 (Illegal Possession of Firearm By a Prohibited Person), (Section 6106—Possession of Firearms without a Permit), and 6108 (Possession of Firearm in Philadelphia), we also handle matters pertaining to the sale or transfer of weapons.
Section 6111—The Sale or Transfer of Firearms—Felony and Misdemeanor Crimes
Under Section 6111 (g) a person commits a crime, graded as a felony of the 3rd degree when he or she, in the connection with a purchase of firearm knowingly or intentionally makes any materially false oral, written, or furnishes or shows false identification which is likely to deceive the gun seller or dealer. Section 6111(h) covers subsequent offenses and upgrades the criminal charge to a felony of the second degree.
Remember that in Pennsylvania, much like in New Jersey, there is a huge difference to a felony offense and a misdemeanor. A felony, even of a 3rd degree, subjects a person to a potential 7 year state prison sentence. It’s important to keep in mind that not only is the purchaser criminally liable for making a false statement, but any person, including the licensed dealer who sells or transfers a firearm to any unqualified of ineligible person (prohibited person), knowingly or intentionally, commits a felony of the 3rd degree.
While this crime is graded as a felony of the third degree if the transferee (person receiving the gun or firearm) is prohibited person, it is Misdemeanor of the Second Degree if the transferee is otherwise eligible to purchase but the transferor doesn’t comply with the other conditions of Section 6111 with regards to place of transfer, background checks, and the application.
Questions of a Pennsylvania Gun Purchase Application
When a firearm is sold or transferred in Pennsylvania, the purchaser must complete an application which is sent electronically to the state police. This application will include the following questions:
- Are you the actual buyer of the firearm as defined by Title 18, Section 6102?
- This question specifically means that, unless you are purchasing the firearm as a gift for your spouse, a parent, child, grandparent, or grandchild, you are making what is considered a “straw purchase” within the Commonwealth.
5 Year Mandatory – PA’s Straw Purchase (Bradley Fox) Law—Title 18 Section 6111(h)
The “straw purchaser” law in Pennsylvania, otherwise known as the Bradley Fox law which was enacted in 2013, not only makes it a felony of the 3rd degree but upgrades the charge to a felony of the 2nd degree for any subsequent offenses in addition to a mandatory minimum 5 years in state prison.
This law was named for a Plymouth Township Police Officer and veteran who was tragically killed in the line of duty. The person who killed Officer Fox had received the weapon from a person who had purchased 9 others for him. While Officer Fox’s killer was not able to purchase these weapons, this person was able to do so with a clean criminal record.
This law specifically targets first time offenders who often purchase multiple weapons with no prior criminal history. This scenario was exactly what the Inquirer article highlighted.
Prior to this law, if these persons were arrested and convicted, defense lawyers would use their lack of criminal history as mitigation at sentencing. The mandatory minimum prevents this mitigation argument.
How a First Time Offender Could Face a 5 Year Mandatory Minimum in Pennsylvania
Keep in mind that it is possible to receive the 5 year mandatory minimum sentence even if you have no prior criminal history if a person is charged with 2 separate gun offenses.
For example, if the person is accused of purchasing multiple weapons for one or more person (Officer Fox situation) and is thereafter charged with these crimes, he or she is in a position for the mandatory minimum sentence. Judges are not required to run sentences concurrently and therefore could sentence a defendant to multiple mandatory consecutive terms.
The bottom line is that Pennsylvania already has strong gun laws—look them up! Philadelphia politicians who are advocating for stronger gun laws are either unaware of these mandatory laws or simply trying to blame the City’s problems on with opposing political views. It is this lack of leadership, organization and direction that continues to drive young professionals and their families out of city in record numbers!
Contact Our Criminal Defense Lawyers in PA & NJ
Please click here to contact our Philadelphia criminal defense lawyers. We offer free case reviews and serve the following areas in Pennsylvania and New Jersey, Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas.
Philly Politicos want a tougher “straw purchase” handgun law but Pennsylvania already has a 5 year mandatory sentence.
Recently, the Philadelphia Inquirer published a story about the straw gun purchase problem in Philadelphia. The article implied that the city suffered from weak gun laws within Pennsylvania. These alleged weak state laws are the primary cause of the ongoing and growing violence problems in the city.
The article’s authors allegedly reviewed more than 135 court cases where defendants faced criminal charges including selling a gun to an ineligible person, providing false information about gun ownership, or making false statements during a purchase. These cases resulted in nearly 900 guns into circulation within Philadelphia and its surrounding counties of Bucks, Delaware, Montgomery, and Chester Counties.
Despite what appears to be countless hours spent on researching and writing this article, the authors failed to mention that Pennsylvania already maintains a strong anti-straw purchase gun law!
Pennsylvania’s Uniform Firearms Act
Pennsylvania’s Uniform Firearms Act addresses all matters concerning the illegal use, possession, sale and transfer of handguns, shotguns and other firearms within the Commonwealth. While most of our law firm’s representation deals with allegations involving violations of Section 6105 (Illegal Possession of Firearm By a Prohibited Person), (Section 6106—Possession of Firearms without a Permit), and 6108 (Possession of Firearm in Philadelphia), we also handle matters pertaining to the sale or transfer of weapons.
Section 6111—The Sale or Transfer of Firearms—Felony and Misdemeanor Crimes
Under Section 6111 (g) a person commits a crime, graded as a felony of the 3rd degree when he or she, in the connection with a purchase of firearm knowingly or intentionally makes any materially false oral, written, or furnishes or shows false identification which is likely to deceive the gun seller or dealer. Section 6111(h) covers subsequent offenses and upgrades the criminal charge to a felony of the second degree.
Remember that in Pennsylvania, much like in New Jersey, there is a huge difference to a felony offense and a misdemeanor. A felony, even of a 3rd degree, subjects a person to a potential 7 year state prison sentence. It’s important to keep in mind that not only is the purchaser criminally liable for making a false statement, but any person, including the licensed dealer who sells or transfers a firearm to any unqualified of ineligible person (prohibited person), knowingly or intentionally, commits a felony of the 3rd degree.
While this crime is graded as a felony of the third degree if the transferee (person receiving the gun or firearm) is prohibited person, it is Misdemeanor of the Second Degree if the transferee is otherwise eligible to purchase but the transferor doesn’t comply with the other conditions of Section 6111 with regards to place of transfer, background checks, and the application.
Questions of a Pennsylvania Gun Purchase Application
When a firearm is sold or transferred in Pennsylvania, the purchaser must complete an application which is sent electronically to the state police. This application will include the following questions:
- Are you the actual buyer of the firearm as defined by Title 18, Section 6102?
- This question specifically means that, unless you are purchasing the firearm as a gift for your spouse, a parent, child, grandparent, or grandchild, you are making what is considered a “straw purchase” within the Commonwealth.
5 Year Mandatory – PA’s Straw Purchase (Bradley Fox) Law—Title 18 Section 6111(h)
The “straw purchaser” law in Pennsylvania, otherwise known as the Bradley Fox law which was enacted in 2013, not only makes it a felony of the 3rd degree but upgrades the charge to a felony of the 2nd degree for any subsequent offenses in addition to a mandatory minimum 5 years in state prison.
This law was named for a Plymouth Township Police Officer and veteran who was tragically killed in the line of duty. The person who killed Officer Fox had received the weapon from a person who had purchased 9 others for him. While Officer Fox’s killer was not able to purchase these weapons, this person was able to do so with a clean criminal record.
This law specifically targets first time offenders who often purchase multiple weapons with no prior criminal history. This scenario was exactly what the Inquirer article highlighted.
Prior to this law, if these persons were arrested and convicted, defense lawyers would use their lack of criminal history as mitigation at sentencing. The mandatory minimum prevents this mitigation argument.
How a First Time Offender Could Face a 5 Year Mandatory Minimum in Pennsylvania
Keep in mind that it is possible to receive the 5 year mandatory minimum sentence even if you have no prior criminal history if a person is charged with 2 separate gun offenses.
For example, if the person is accused of purchasing multiple weapons for one or more person (Officer Fox situation) and is thereafter charged with these crimes, he or she is in a position for the mandatory minimum sentence. Judges are not required to run sentences concurrently and therefore could sentence a defendant to multiple mandatory consecutive terms.
The bottom line is that Pennsylvania already has strong gun laws—look them up! Philadelphia politicians who are advocating for stronger gun laws are either unaware of these mandatory laws or simply trying to blame the City’s problems on those with opposing political views. It is this lack of leadership, organization and direction that continues to drive young professionals and their families out of city in record numbers!
Contact Our Criminal Defense Lawyers in PA & NJ
Please click here to contact our Philadelphia criminal defense lawyers. We offer free case reviews and serve the following areas in Pennsylvania and New Jersey, Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas.
