Com. v. Moses, S.
185 EDA 2016
| Pa. Super. Ct. | Nov 17, 2016Background
- On March 2, 2012, in Philadelphia, police arrested Shawn Moses and found a loaded 9mm Glock concealed on his person; FIU testing showed a 4-inch operable barrel and 10 rounds in the magazine.
- Moses admitted he is a Pennsylvania resident, bought the gun in Georgia, went through a background check there, and had no Pennsylvania or Georgia carry license.
- Moses said he used the gun as a photography prop, kept it at home for protection, and believed the firearm was legal because of Georgia law.
- A Pennsylvania State Police certificate of non‑licensure was admitted; FIU report was stipulated into evidence.
- A jury convicted Moses of violating 18 Pa.C.S. § 6106(a)(1) (carrying a firearm without a license) and § 6108 (carrying on public streets/public property in Philadelphia).
- The trial court sentenced Moses to 3–6 years’ incarceration (6106) and four years reporting probation (6108). Moses appealed, challenging the sufficiency of the evidence based on his claimed belief that a permit was unnecessary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for unlicensed concealment (§ 6106) | Commonwealth: Evidence showed an operable, loaded firearm concealed on Moses in public and he had no PA license. | Moses: He believed the gun was legal because purchased in Georgia and he thought no PA license was required (mistake/excuse). | Conviction upheld: viewing evidence in favor of the Commonwealth, elements proved beyond reasonable doubt; jury could reject Moses’s testimony. |
| Applicability of GA purchase/reciprocity as a defense | Commonwealth: Reciprocity requires a valid out‑of‑state license and conditions not met here. | Moses: Relied on Georgia law/reciprocity to argue no PA license required. | Rejected: Moses had no Georgia license; reciprocity and §6106(b)(15) exceptions inapplicable. |
| Mistake of fact vs. mistake of law defense | Commonwealth: Defendant’s asserted belief was legal error, not factual; mistake of law is not a defense. | Moses: Claimed belief he was excused from PA licensing. | Rejected: Court treated belief as mistake of law; ignorance of law no defense. |
| Whether a non‑resident permit would help a PA resident | Commonwealth: Even with reciprocity, a Pennsylvania resident must have a PA license to carry in PA. | Moses: Implied out‑of‑state authority might apply. | Rejected: Pennsylvania precedent bars residents from relying on out‑of‑state permits to carry concealed in PA without PA license. |
Key Cases Cited
- Commonwealth v. Lopez, 57 A.3d 74 (Pa. Super. 2012) (standard for sufficiency review and elements of firearms offenses)
- Commonwealth v. Lopez, 565 A.2d 437 (Pa. 1989) (elements of § 6106 explained)
- Commonwealth v. Hogan, 468 A.2d 493 (Pa. Super. 1983) (recklessness can be proven circumstantially)
- Commonwealth v. Sinnott, 30 A.3d 1105 (Pa. 2011) (jury may disbelieve defendant’s self‑serving testimony)
- 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 cannot rely on out‑of‑state permit to carry concealed in PA)