operability requirement (Pennsylvania) · Go Syfert
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operability requirement in Pennsylvania

9 Pennsylvania opinions name it 2 courts 1982–2024 4 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Commonwealth v. Thomasgreen
pasuperct · 2009 · cited in 7 Pennsylvania opinions naming this issue, 2016–2023
2 sentences

2021In Commonwealth v. Thomas, 988 A.2d 669 (Pa.Super. 2009), this Court held that [t]he statutory language [of section 6105] is clear, and it does not require proof that the weapon was capable of expelling a projectile when it was seized; on the contrary, the fact that a person can be prosecuted simply for possessing a semiautomatic pistol frame refutes this notion because the frame requires additional parts, e.g., a slide and barrel, in order to fire a bullet.3 Thus, the use of the terms “frame” and “receiver” in section 6105(i) demonstrates that the legislature sought to eliminate the operabili

2018In Commonwealth v. Thomas, 988 A.2d 669 (Pa. Super. 2009), this Court held that, [t]he statutory language [of section 6105] is clear, and it does not require proof that the weapon was capable of expelling a projectile when it was seized; on the contrary, the fact that a person can be prosecuted simply for possessing a semiautomatic pistol frame refutes this notion because the frame requires additional parts, e.g., a slide and barrel, in order to fire a bullet.3 Thus, the use of the terms “frame” and “receiver” in section 6105(i) demonstrates that the legislature sought to eliminate the operabi

47
Commonwealth v. Pondsgreen
pasuperct · 1975 · cited in 2 Pennsylvania opinions naming this issue, 1982–2017
2 sentences

2017See Commonwealth v. Ponds, 345 A.2d 253, 256 (Pa. Super. 1975) (“There is no such [operability] requirement spelled out in Section 908, and we therefore conclude that the legislature did not intend to impose the operability requirement to Section 908….”; “The mere possession of an item identifiable as a sawed-off shotgun, even though inoperable is still an ominous presence, and has no place nor possible use in the community and should be prohibited.”) “To establish a violation of the statute prohibiting the carrying of a sawed-off shotgun, it is sufficient to show that the weapon -7- J-A23001-

2017See Commonwealth v. Ponds, 345 A.2d 253, 256 (Pa. Super. 1975) (“There is no such [operability] requirement spelled out in Section 908, and we therefore conclude that the legislature did not intend to impose the operability requirement to Section 908….”; “The mere possession of an item identifiable as a sawed-off shotgun, even though inoperable is still an ominous presence, and has no place nor possible use in the community and should be prohibited.”) “To establish a violation of the statute prohibiting the carrying of a sawed-off shotgun, it is sufficient to show that the weapon -7- J-A23001-

12
Commonwealth v. Smithgreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024See id.

11
Commonwealth v. Gainergreen
pasuperct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016Commonwealth v. Thomas, 988 A.2d 669, 672 (Pa. Super. 2009) (footnote omitted); see also Commonwealth v. Gainer, 7 A.3d 291 , 298 n.4 (Pa. Super. 2010) (stating that “[s]ection 6105 includes a revised definition of ‘firearm’ under which operability is not an element”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Commonwealth v. Layton green
pa · 1973
2 sentences

2021In Commonwealth v. Thomas, 988 A.2d 669 (Pa.Super. 2009), this Court held that [t]he statutory language [of section 6105] is clear, and it does not require proof that the weapon was capable of expelling a projectile when it was seized; on the contrary, the fact that a person can be prosecuted simply for possessing a semiautomatic pistol frame refutes this notion because the frame requires additional parts, e.g., a slide and barrel, in order to fire a bullet.3 Thus, the use of the terms “frame” and “receiver” in section 6105(i) demonstrates that the legislature sought to eliminate the operabili

2018In Commonwealth v. Thomas, 988 A.2d 669 (Pa. Super. 2009), this Court held that, [t]he statutory language [of section 6105] is clear, and it does not require proof that the weapon was capable of expelling a projectile when it was seized; on the contrary, the fact that a person can be prosecuted simply for possessing a semiautomatic pistol frame refutes this notion because the frame requires additional parts, e.g., a slide and barrel, in order to fire a bullet.3 Thus, the use of the terms “frame” and “receiver” in section 6105(i) demonstrates that the legislature sought to eliminate the operabi

22018–2021

Statutes the citing opinions construe

PA § 18 Pa. Cons. Stat. § 6105 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 9 (1982–2024) NY 5 (1975–2014) MD 2 (2011–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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