Com. v. Moses, S.
185 EDA 2016
| Pa. Super. Ct. | Nov 17, 2016Background
- On March 2, 2012, in Philadelphia, Shawn Moses was arrested carrying a concealed 9mm Glock loaded with ten rounds under his clothing.
- Forensics (FIU) confirmed the gun was operable with a four-inch barrel; Pennsylvania State Police certified Moses had no Pennsylvania license.
- Moses testified he purchased the firearm in Georgia, underwent a background check there, had no Georgia or Pennsylvania carry license, kept the gun for protection, and had used it as a prop at work.
- A jury convicted Moses of (1) firearms not to be carried without a license, 18 Pa.C.S. § 6106(a)(1) (3rd-degree felony), and (2) carrying firearms on public streets in Philadelphia, 18 Pa.C.S. § 6108 (1st-degree misdemeanor).
- The trial court sentenced Moses to 3–6 years’ imprisonment for § 6106 and four years’ reporting probation for § 6108; Moses appealed solely on sufficiency of the evidence, arguing a belief he was excused from Pennsylvania licensing because of Georgia law/reciprocity.
Issues
| Issue | Moses's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to sustain convictions under §§ 6106 and 6108 | Moses argued he believed the gun was legal because he purchased it in Georgia and thought no Pennsylvania license was required | Evidence showed a loaded, operable, unlicensed firearm concealed on a Pennsylvania resident in Philadelphia; any mistaken legal belief is not a defense | Sufficiency affirmed — evidence supported convictions beyond a reasonable doubt |
| Whether Moses’s subjective belief that he need not obtain a PA license negates mens rea | Moses claimed mistake of fact/law that he was exempt due to Georgia purchase and perceived reciprocity | Claim is a mistake of law (not a defense); jury may reject self-serving testimony; no Georgia license was shown so reciprocity inapplicable | Rejected; mistake of law does not defeat mens rea for these offenses |
| Whether Georgia reciprocity or § 6106(b)(15) exception applied | Moses relied on Pennsylvania–Georgia reciprocity and Georgia statutes to argue exemption | PA reciprocity requires the person hold a valid out-of-state license; Moses had none; § 6106(b)(15) only applies if one possesses a valid out-of-state permit | Inapplicable — Moses had no valid Georgia permit and was a Pennsylvania resident, so exceptions do not apply |
| Whether recklessness or intent required for §§ 6106/6108 was proved | Moses implied lack of culpable mental state due to belief about legality | Statutes rely on § 302 mens rea (intentional, knowing, or reckless); recklessness may be proven circumstantially and jury may infer culpability from circumstances | The record supported a finding of culpable mental state; convictions upheld |
Key Cases Cited
- Commonwealth v. Lopez, 57 A.3d 74 (Pa. Super. 2012) (sufficiency review standard; elements of firearm offenses)
- Commonwealth v. Lopez, 565 A.2d 437 (Pa. 1989) (elements of § 6106 explained)
- Commonwealth v. Sinnott, 30 A.3d 1105 (Pa. 2011) (jury may reject defendant’s self-serving testimony)
- Commonwealth v. Hogan, 468 A.2d 493 (Pa. Super. 1983) (recklessness may be shown circumstantially)
- Commonwealth v. Henderson, 938 A.2d 1063 (Pa. Super. 2007) (ignorance of law is not a defense)
- Commonwealth v. McKown, 79 A.3d 678 (Pa. Super. 2013) (Pennsylvania resident may not rely on out-of-state permit to carry in PA)