Skip to content
Link copied to clipboard

Carrying illegal gun in Philly isn't enough for real jail time

In New York, it’s illegal to carry a gun without a New York license, even with a permit from elsewhere. Not so in Pennsylvania.

GETTING hard time in jail for carrying a gun doesn't really happen in Philadelphia.

Unless maybe the gun is dripping with the blood of a murder victim. Or your criminal record is packed so full of felonies that cops know the swirls of your fingerprints by heart.

There's a raft of reasons why, but it starts with gun laws.

In New York, it's illegal to carry a gun without a New York license, even if the owner has a permit elsewhere. Punishment for violators - even those with no criminal record - is swift and harsh: a 3 1/2-year mandatory-minimum prison sentence.

But in Pennsylvania, there is no such mandatory-minimum penalty for someone caught with an illegal gun. Two Philly lawmakers aim to remedy that. Democratic Sen. Larry Farnese and Republican Rep. John Taylor introduced a bill in April that automatically would send anyone convicted of illegal gun possession to jail for at least two years.

Other proposals under consideration include increasing penalties for straw purchases, banning assault weapons, limiting high-capacity magazines, requiring background checks on private long-gun sales and barring defendants accused of violent offenses from buying or having guns until their case is resolved.

Because pro-gun lawmakers outnumber anti-gun lawmakers in Pennsylvania, such measures face an uphill battle, said Shira Goodman, executive director of CeaseFirePA.

Beyond laws, courts also present problems in getting tough on gun offenders.

Judges and lawyers consider a defendant's past criminal record, the gravity of related charges, the case circumstances and such factors when weighing punishment for illegal gun possession.

"Even if the charge is not bargained away, if a gun's not actually been fired and no one's been hurt, there's this perception that it's a victimless crime," Goodman said. "But even when it's not used, an illegal gun in the community is dangerous and violent and definitely worth tough sanctions, because it terrorizes the neighborhood."