Com. v. Moses, S.
185 EDA 2016
| Pa. Super. Ct. | Nov 17, 2016Background
- On March 2, 2012, in Philadelphia, Shawn Moses was arrested and a loaded 9mm Glock (four‑inch barrel) concealed under his clothing was recovered; FIU testing confirmed it was operable and had ten rounds.
- Moses admitted he purchased the gun in Georgia, underwent a background check there, had no Georgia or Pennsylvania license, and was a Pennsylvania resident.
- He testified the gun was used as a prop at his workplace and that he believed the firearm was legal and that he did not need a Pennsylvania license.
- A certificate of non‑licensure from Pennsylvania State Police and the FIU report were admitted by stipulation.
- A jury convicted Moses of (1) firearms not to be carried without a license, 18 Pa.C.S. § 6106(a)(1) (third‑degree felony), and (2) carrying a firearm on public streets in Philadelphia, 18 Pa.C.S. § 6108 (first‑degree misdemeanor).
- The trial court sentenced Moses to 3–6 years’ imprisonment on § 6106 and four years’ reporting probation on § 6108; Moses appealed raising only a sufficiency‑of‑the‑evidence claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to sustain convictions under 18 Pa.C.S. §§ 6106(a)(1) and 6108 | Commonwealth: evidence established all elements — an operable firearm, unlicensed, concealed on his person in public (jury properly credited evidence). | Moses: he believed the firearm was legal based on Georgia law/reciprocity — a mistake negating criminal intent. | Affirmed. Viewing evidence in favor of the Commonwealth, elements proven beyond reasonable doubt; Moses’s claimed belief was a mistake of law (not a defense) and jury could reject his testimony. |
Key Cases Cited
- Commonwealth v. Lopez, 57 A.3d 74 (Pa. Super. 2012) (standard for sufficiency review and elements of § 6106).
- Commonwealth v. Sinnott, 30 A.3d 1105 (Pa. 2011) (credibility of self‑serving testimony is for the jury).
- Commonwealth v. Henderson, 938 A.2d 1063 (Pa. Super. 2007) (ignorance of law is no defense).
- Commonwealth v. Hogan, 468 A.2d 493 (Pa. Super. 1983) (recklessness may be proven by circumstantial evidence).
- Commonwealth v. McKown, 79 A.3d 678 (Pa. Super. 2013) (Pennsylvania residents may not rely on out‑of‑state permits to carry in Pennsylvania).