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Can u get a mandatory 5-10 gun and drugs charge dropped if the gun is a antique replica black powder gun

Lebanon, PA |

There was pot and pills found with the black power gun.

Attorney Answers 4

Posted

I'm going to edit the practice area of your post to "Criminal Defense" for better exposure.

This attorney is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.

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Posted

Most likely but you need to speak to a criminal defense attorney right away there is a huge mandatory sentence here and you want to minimize the chances

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Posted

If you are facing a felony drug charge involving intent to deliver or manufacture and possesed a firearm, upon conviction you would be facing a mandatory sentence. You need an experienced criminal defense attorney to explore all defenses and the weapon you describe may not be one of them.

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Posted

Your question raises a very interesting issue that may, or may not, have been addressed by our appellate courts. The answer to that is beyond the scope of my current commitment. You would be well advised to consult with your attorney, or if you have none at this point, hire one immediately. The gun mandatory for drugs found at 42 Pa.C.S.A. § 9712.1 states that the five your mandatory minimum with apply if there is a "firearm" with the necessary nexus to the crime. The word "firearm" is defined later in that section as having "the same meaning as that given to it in section 9712 (relating to sentences for offenses committed with firearms). Section 9712 contains language that it is applicable when a defined crime of violence is committed and a "firearm" or a "replica of a firearm" has the required nexus to the crime. "Replica of a firearm" is specifically defined in section 9712 to be "an item that can reasonably be perceived to be a firearm." The absence of the inclusion of "replica" language in the drug/firearm mandatory may be very important to the answer to your question. Find out what your attorney has to say.

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1 comment

William A. Jones Jr.

William A. Jones Jr.

Posted

Btw, Attorney Keller makes a very important point. The five-year mandatory minimum only has application to felony drug charges, that is, deliver or possession with intent to deliver a controlled substance. If the drug component of this case is only a possession charge, there is no applicable mandatory.

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