PA Firearms Laws & PA Commission on Sentencing Reports

Overview:

The statistical data contained herein is compiled directly from PA Commission on Sentencing records for the ten year period beginning in 1995. 

 It is our goal to examine the imposition of the penalties on criminals for violations of the PA Uniform Firearms Act (UFA).

This report reveals a disturbingly consistent trend in the failure of authorities to aggressively prosecute repeat violent criminals, while at the same time calling on the legislature to pass more and more controls on firearms that will ensnare unintentional nonviolent technical violators and rarely, if at all, the true criminals.  The excuses of prosecutors and

judges wear thin and undercut the expressed legislative intent of this section of law (the Uniform Firearms Act). 

 Prison overcrowding, judicial dislike for tough sentences, political transference of responsibility for crime, etc. are all part

of this crime dilemma.  The UFA was created under mantra of “IF it saves one life” and the banner of so called

“common sense”, “reasonable” firearms restrictions/regulations. However the ‘actual’ result is an overwhelming number

of infringements on law abiding citizen’s rights for the public good.  Laws have been enacted under the pretense of “feel good”

 or “we have to do something” rhetoric.    

Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.

 -- Benjamin Franklin 

“You do not examine legislation in the light of the benefits it will convey if properly administered, but in the

 light of the wrongs it would do and the harms it would cause if improperly administered”. -- Lyndon B. Johnson

“Pennsylvania has taken an important step forward in the fight to reduce gun violence.  Passage of the

 Fumo/Heckler Firearms Act will keep guns out of the wrong hands. 

 Pennsylvania now has one of the most comprehensive lists of prohibitions on purchase, sale, transfer or

possession of guns in the country. Statement of handgun control, inc.

 Chair Sarah Brady on passage of comprehensive firearms legislation. (Sp. Sess. HB 110/Act 17) IN PENNSYLVANIA (June 6, 1995) 

The flawed concept sold for public consumption is this: enacting ever more strict gun control polices will effectively

curb firearm related violence. Many new laws are enacted but few address the possession of or use of a firearm

 during the commission of a crime OR the accountability of the courts and prosecutors for those who should have

been in jail for committing these crimes.  Consequently a reexamination of our current firearms laws will demonstrate,

 as the National Academy of Sciences discovered in their recent study, that each is ill conceived. In fact most of the

current sections of the Uniform Firearms Act were enacted to prevent criminals from obtaining guns or punishing thos

e that do and use them in crime.  As these charts demonstrate, the laws enacted to stop criminal misuse of firearms are

circumvented by the failure to prosecute. Strong laws without equal prosecution produce two glaring results, both

of which are unacceptable: disdain and ignorance of the laws by the most violent predators among us AND the public

 is given a false sense of security that ‘something’ is being done.  

Plea bargaining:

Deals are often made by district attorneys to streamline prosecutions with the result that there ends up being a reduction

in charges or reduced sentences. Unfortunately career ‘violent’ criminals who know how to work the system end up

being placed on a fast track through the system and end up back on the streets to prey upon those that testified against

them or the unknowing innocent citizen.   Meanwhile, honest Pennsylvania citizens fall victim to technical violations,

activities that cause no harm and are perfectly legal in other states.   The following quote reveals the essence of the

problem (03/23/2008-Philadelphia Inquirer):

“In Pennsylvania and other states, police and prosecutors generally haven't made straw buyers a priority.

In Philadelphia, the police unit responsible for tracking guns is only now digging out of a 6,000-case backlog

caused by inadequate staffing. The delays got so bad that judges sometimes dismissed cases because necessary

 lab work wasn't finished in time.

And most of the state's 67 county prosecutors didn't file ANY CASES against alleged straw buyers in

2006 or 2007, court records show. (emphasis added)

In Philadelphia, Assistant District Attorney Albert Toczydlowski said his office rarely prosecuted straw

 buyers until recently, when the state set up a task force to focus on gun violence.

The unit is making about 10 arrests a month, only a small fraction of offenders.

Federal prosecutors in Philadelphia, who have the advantage of stronger criminal penalties, likewise file only about

20 to 30 cases a year. It's a matter of limited resources, a spokesman said.” 

This, is the Catch and Release attitude of “the criminal” injustice system that breeds and perpetuates

 violent crime.  While “Catch and Release” concepts work for fishermen it is a TERRIBLE policy for

 dealing with repeat violent criminals. 

Concurrent Sentencing vs. Consecutive Sentences 

Concurrent sentencing is when a criminal is convicted of violating several different sections of law and serves

 the sentence for each conviction at the same time. 

Under concurrent sentencing guidelines lets assume an offender has three different convictions being

5, 7 & 10 years in total. Some would assume that the offender would serve up to a total 22 years.

 INCORRECT!  The most they would serve is 10 years maximum sentence or considerably less

with the eligibility for early parole.  (Often times the 5 Year Mandatory for the use of a gun in a c

rime will be added, when it IS used, onto a sentence in this way so the record shows usage of

this section of law but the intended impact on the criminal is worthless as a public safety measure) 

Consecutive sentencing would implement the full 22 years maximum also with possibility of parole after

many more years spent behind bars.

The choice between criminals running loose on the streets or being incarcerated is an easy one.  How, is it in the interest of

public safety that our laws are ignored when they were enacted based on the need to improve public safety? How better to

serve the public interest than to sentence accordingly! How many innocent lives could have been saved if the violent repeat

offender had been serving their full sentence?

(Note the percentage of min. vs. max. sentences served shown in these charts).  

Criminals spending the maximum time behind bars is better than criminals running around loose on the streets terrorizing, robbing,

 raping and murdering innocent citizens along with keeping police out of the line of fire. How many lives have been ruined by

this “slap on the wrist” type of punishment? How many early parolees returned to the streets only to murder again?   

Concurrent Jurisdiction for Federal and State firearm violations:

Criminals convicted of Pennsylvania firearm charges can also be charged with similar Federal firearm laws violations because

there is concurrent jurisdiction in this area of criminal conduct.  This means that criminals could serve a sentence handed down

by a state court and then serve time in federal prison for maximum punishment.

Abbreviation key for Sentencing Commission Charts Columns below:

How to read the information on these types on sentence reports charts each column has sub-columns.

Number - numbers actual people sentenced under this section.

Percent - Next column is percentage of total number charged under this entire section.

Min – people that at least served minimum part of their sentence. 

Max - people that served their entire sentence by the court. 

Punishment “IF you do the crime you should do your time” 

Prison and Jail columns - people were convicted and served time for violation of this section of the law

(see min vs. max sentence section).

The other columns are only “Slaps on the wrist” for breaking currently existing laws. 

What kind of message is sent to criminals if they break laws without strong consequence for their actions? 

RIP – (Reduction In Punishment) – those who committed the crime received less punishment than the law required.

Probation - Offenders did not receive jail time for a particular crime whether the sentence was plea bargained

away by the district attorney, or the judge suspended their sentence (only to release them on their own recognizance

back on to the streets).

RS – (Rescinded sentence)  

**Special note

Any undefined offense under the PA Uniform Firearms Act (UFA) is graded as a misdemeanor of the first degree

(Title 18, Section 6119).  A misdemeanor of the first degree conviction prohibits that individual from owning firearms

 for the rest of their life as well as anyone that lives with them.

Certain individuals are not permitted to possess any firearm, including, but not limited to people convicted of murder,

aggravated assault, kidnapping, rape, burglary, arson or drug offenses carrying at least a two-year prison term;

 individuals who have been involuntarily committed to a mental institution; illegal aliens; or individuals subject to a

protection from abuse order that prohibits possession of a firearms. 

 FYI

1st degree felony: up to 20 years in jail & maximum 25,000 fine.

2nd degree felony: up to 10 years in jail & maximum 25,000 fine.

3rd degree felony: up to 7 years in jail & maximum 15,000 fine.

1st degree misdemeanor: up to 5 years in jail & maximum 10,000 fine.

2nd degree misdemeanor: up to 2 years in jail & maximum 5,000 fine.

3rd degree misdemeanor: up to 1 year in jail & maximum 2,500 fine. 

Under current PA law, anyone using a firearm in the commission of a crime faces an additional 5-year mandatory sentence

(Title 42, Section 9712) that can be imposed on them if the courts do their job and sentence in accordance with the law.

Title 18 section 908: Prohibited Offensive Weapons

This section does not apply to law enforcement officers, or people licensed to deal, sell, or repair items.  This section is also

not applicable to people that are allowed to possesses any firearm or offensive weapon which serves a common lawful

purposes or is not prohibited by any laws of the commonwealth.

Previously convicted felons are not allowed to own any of the following items and most other non prohibited citizens can

 posses some of these items for lawful purposes and only under very strict guideline or specific laws such as the national

 firearm act.

There is no exception for bomb, grenade or incendiary device.

Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Firearm." 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. "Offensive weapons" Any bomb, grenade, machine gun, sawed-off shotgun

 with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge,

any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an

automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic

or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

The intent of this poorly worded statute seems to be that any person who is prohibited from owning a firearm is also prohibited

 from possession or use of an electric or electronic incapacitation device.  A non-prohibited person may probably possess

and use an electric or electronic incapacitation device in the exercise of reasonable force in Self-Defense only of the person

 (very similar to the use of firearms in self defense situations). If someone uses one of these electronic incapacitation devices

 with the intent to commit a crime the sentence rises to a second-degree felony, otherwise it’s rated as a first-degree

 misdemeanor.

Year	Prison				Jail				RIP			Probation			RS		Total
	Number	Percent	Min	Max	Number	Percent	Min	Max	Number	Percent	Min	Number	Percent	Min	Number	Percent
1996	14	7.9%	12.6	29.5	40	22.5%	3.9	19.8	3	1.7%	3.2	95	53.4%	26.2	26	14.6%	178
1997	10	6.3%	9.4	31.2	38	23.8%	4.7	20.5	7	4.4%	13.0	79	49.4%	21.6	26	16.3%	160
1998	17	8.8%	22.8	52.6	51	26.4%	.	18.3	8	4.1%	13.9	97	50.3%	21.6	20	10.4%	193
1999	19	9.9%	12.4	31.6	55	28.6%	3.2	19.5	9	4.7%	8.9	90	46.9%	22.0	19	9.9%	192
2000	13	6.4%	12.8	32.7	44	21.7%	4.8	20.3	6	3.0%	19.8	126	62.1%	19.6	14	6.9%	203
2001	17	9.8%	17.9	46.2	52	30.1%	3.3	18.5	7	4.0%	4.1	84	48.6%	22.0	13	7.5%	173
2002
2003
2004	30	14.4%	13.2	34.6	49	23.6%	3.8	18.0	9	4.3%	7.5	113	54.3%	21.2	7	3.4%	208
2005	24	10.9%	12.3	29.0	48	21.7%	4.0	18.6	10	4.5%	5.3	121	54.8%	21.7	18	8.1%	221
Title 18 Section 908 Convictions & Sentences																	1528

Title 18 section 3903 (a) (2): Theft of Firearms

Theft of firearms is a second degree felony.

Considering the sheer number of firearms that police confiscate from criminals why are these numbers so low? Criminals only have

a few avenues for acquiring firearms either they are obtaining by theft (covered in this section), buying illegal firearms from other

criminals, illegal straw purchases or from illegal importation into the country.

From this table, CRIMINALS only receive jail time in 2/3 of the cases when convicted of a stolen gun charge as part of overall

prosecution. How can an individual who possessed a stolen gun as part of other ‘more serious’ charges walk away 30% of the time?

Title 18 section 6105: Persons Not to Possess, Use, Manufacture, Control, Sell or Transfer Firearms.

This section defines the laws that limit who can and cannot have a firearm.  This is the largest single area of possible sentence

enhancements for punishment of possession of a firearm to commit numerous and various other crimes against property or people.

This is also the primary section that deals with convicted felons being arrested again for firearm possession.  Additionally this

section deals with people who have (PFA) protection from abuse orders against them

Title 18 section 6106: Firearms not to be carried without a license

This section does not apply if the individual has a valid License to Carry Firearms permit issued by one of the 66 county sheriffs

or the Chief Law Enforcement Officer of Philadelphia. Also, this section governs how citizens can lawfully transport or use

firearms for legal activities such as hunting or target shooting at a proper range. Special Note: some law abiding citizens have run

 afoul of this section by not strictly following the unreasonably exact and limiting procedures for the transportation of firearms because

 they do not posses a valid LTCF permit. A law designed to catch criminals, also catches law-abiding citizens that unintentionally

violated the letter of this very strict law on transporting firearms making their action into criminal acts.  Considering the vast number

firearms that police confiscate from repeat violent criminals illegally possessing firearms or using them in crimes, either these numbers

are amazingly low or they illustrate the very real flaw in the judicial system to aggressively prosecute criminals under existing firearm

laws violations.

Title 18 section 6108: Carrying Firearms on Public Streets or Public Property in Philadelphia.

This section deals with the fact that no one may carry firearms on public streets or any public property in Philadelphia without

a “Licensed To Carry Firearms” permit. The select few people that are exempt, such as police officers or others are outlined in

the current legislation and are not required to have a LTCF permit.

In Philly alone, crimes committed by repeat violent offenders illegally possessing or using firearm in Philly is a very large number.

The number of prosecutions for this section of the UFA should be staggering large, yet they remain only in the few hundred a year.

 Why? Are the Philly District Attorney and the judges not doing their jobs?

Title 18 section 6110.1: Possession of Firearm By Minor.

No minor under the age of 18 may possess or transport firearms anywhere in PA.  Minors under 18 may use a firearm

while properly supervised by a parent, grandparent, legal guardian or an adult acting with the express consent of the

 minor’s custodial parent or legal guardian while engaged lawful activities such as safety training, target shooting or

hunting. Any adult that intentionally delivers or provides the minor in violation of this section commits a third degree

 felony. 

Title 18 section 6111: Sale or transfer of firearms.

This comprehensive and complex section deals outlines the procedures for the sale and transfer of firearms. Violations such as

straw purchases; (occurs when one person that is legally able to purchases a firearm buys it and illegally sells or transfers firearm to

 a prohibited person such as a convicted criminal) are specifically enumerated in this section.  No felon can possess or even live

in a home with access to firearms or ammunition. This section also deals with people illegally transferring firearms to people that are

deemed mentally defective, or for other prohibited people, such as those responsible for acts of domestic violence. This section

also requires that all handguns sold between individuals must be transferred through a licensed dealer with only limited exemption

 between certain immediate family members.

Violations of this section include numerous degrees of felonies or misdemeanors. With all these possible violations of existing law

in this section it’s really surprising how seldom no one is charged with the illegal sale or transfer of firearms.

This absolutely begs study and strict attention from all legislators. Apparently, something is wrong here, very wrong.

Title 18 section 6112: Retail Dealer Required to be Licensed.

This section deals with the transfer or attempt to sell firearms without the proper license. It also includes all provisions of the UFA

and how their license is subject to forfeiture and extreme punishment for any minor violation of the UFA.  Note: the absence of

any real numbers regarding prosecution under this section; so much for the much talked about rogue dealers selling

firearms directly to criminals. Also worth mentioning here, is when these dealers are the real unsung heroes by directly combating

illegal straw purchases! Licensed dealers have the power to refuse a sale to anyone who they think is committing an illegal straw

 purchase act such as buying guns for a prohibited person or for another person to get around this law. It’s a real shame that in most

cases, when these attempted illegal straw purchases are occurring state police and other law enforcement agencies are too busy to

 investigate or prosecute!

Title 18 section 6115: Loans on, or Lending or Giving Firearms Prohibited.

Individuals are prohibited from lending firearms to anyone unless they are engaged in lawful activities such a hunting, hunter safety

or other specific firearm training programs. This lending prohibition also does not apply if the person possesses a valid License to

Carry Firearm permit. This also includes very strict rules on lending institutions using firearms as collateral on loans.  This section of

law is also ‘directly’ applicable to ‘Straw Purchasers’ of firearms because in essence they are loaning a firearm to another individual

and since that person will, in all probability, be a person prohibited from owning a firearm they will NOT have a License to Carry a

 Firearm.  This is another section under Uniform Firearm Act that is seldom enforced as the numbers below reveal. 

In TEN years an anemic ‘63’ have been convicted of this crime and ONLY ‘14’ actually went to jail or were locked up.

Title 18 section 6116: False Evidence of Identity.

This section establishes a penalty for individuals who furnish false information, or offer false identification documents as evidence to

 purchase a firearm illegally. This is section links with section 4904 (relating to unsworn falsification to authorities).

As a side note; the Supreme Court has ruled that previously convicted criminals can not be prosecuted for violating the section

 because it’s a violation of their constitutional fifth amendments rights against self incrimination. (See Haynes vs. US 1968)

So just to whom does this law apply?

Title 18 section 6117: Altering or Obliterating Marks of Identification.

This section of the UFA deals with the removal, altering or obliterating the manufactures serial numbers on firearms. Anyone

 found in possession of a firearm in which the serial numbers were destroyed or changed is presumed to be in violation of this

section and prima facie evidence of this crime and constitutes a felony of the second degree.  Again, notice the lack of any real

 prosecution for this crime IF the numbers of gun crime is as bad as reported by certain politicians.