PA Sup. Ct. Addresses Drug Dealing with a Firearm Sentences

by | Jan 12, 2014

The case is Commonwealth v. Hanson, ___ A.3d ___ (2013), 2013 WL 6831854 (Pa. Supreme Ct., Dec. 27, 2013).  The opinion is written by Justice Saylor.   And, the application of a gun plus drug dealing mandatory minimum is overruled, because a defendant must be in knowing, physical possession or control, which is constructive control, an analogue to constructive possession, and the firearm must be in close proximity to the drugs in question.

To read Hanson in PDF format, click here. You can also check out enhancement sentences as they apply to deadly weapons here, or this article on mandatory minimum sentence triggers.

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