Smoke Without a Fire: Gainer’s Overextension of Pennsylvania Gun Law
By Anna Ferris — Commonwealth v. Gainer (2010) came before the Superior Court of Pennsylvania to determine how gun operability ought to factor into judgments for defendants accused of unlawfully possessing a firearm. Tarvus Gainer was found guilty of owning a firearm without a license — despite testimony from a weapons expert that he would need access to a sophisticated power tool in order to make the gun capable of firing any projectiles. I posit that Commonwealth v. Gainer was incorrectly decided because the Superior Court overextended the definition of an “operable” firearm without adequate evidence from the state showing Gainer was actually capable of returning the gun to fireable condition.
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