Possession of a Gun During a Drug Delivery Triggers Mandatory-Minimum Sentence, Regardless of Whether it was Possessed Legally

Criminal defense work constantly presents criminal lawyers with bad facts coupled with bad law. A new case handed down by the Pennsylvania Superior Court is a prime example of this. The case is Commonwealth v. Stein, 2012 PA Super. 26 (Feb. 7, 2012). The defendant is now serving a five-year mandatory-minimum prison sentence because he possessed a gun on his person while making a drug delivery, even though he otherwise possessed the gun legally, had a permit to carry it concealed, and did not use it in the commission of the offense. Enjoy.