Drug and Gun Mandatory Sentencing Applies Even When the Firearm Does Not Work

In a post last week, this blog discussed the special statutory meaning of “close proximity” in Pennsylvania’s sentencing laws that requires a mandatory five year sentence for anyone convicted of selling drugs when, at the time of the offense, drugs and firearms were in the same residence.  This post addresses the recent case of Commonwealth…

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Firearms and Drugs in the Same House or Apartment Requires a Five Year Mandatory Sentence Under Pennsylvania’s Drug and Gun Law

In 2004, Pennsylvaniadded a sentencing provision that increases penalties when drugs and weapons are used together. Generally, this provision was aimed at criminals who involved guns in their illegal sale of drugs. It requires a mandatory sentence of five years whenever a person is convicted of a drug offense and the Commonwealth demonstrates by a…

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Pennsylvania Legislature Seeks to Expand the “Castle Doctrine”

On November 27, 2010, Govenor Rendell vetoed a bill that significantly altered self-defense law in Pennsylvania.  The bill, which easily passed both the Pennsylvania House and Senate, expanded the “castle doctrine” which permits citizens use deadly force in their homes or offices when presented with a threat of death or bodily injury without requiring an…

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