Pennsylvania v. Zortman
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The issue in this case centers around whether an inoperable handgun is considered a "firearm" for sentencing purposes. In 2006, Appellant Sue Zortman and her boyfriend were the subject of a grand jury investigation regarding suspected drug activity. Appellant allowed state narcotics agents to search her home and purse. The agents found various amounts of marijuana, drug paraphernalia, a bank deposit bag and a loaded .357 Magnum handgun. Appellant would eventually be sentenced to five years' imprisonment with three years' probation. Appellant argued on appeal that the mandatory minimum sentence should not have been imposed upon her since at the time of her arrest, the handgun was "inoperable" due to the absence of a firing pin. The State argued that the applicable sentencing statute does not require that the gun be functional for the mandatory minimum sentence to be applicable. Upon review, the Supreme Court held that it did not matter whether the gun was operational, it was still a gun. The Court affirmed Appellant's sentence.
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