popsicledeath
Potato del Grande
The prosecution reading of it is that it's always illegal for a 16-17 year old to possess a firearm, but if that illegal firearm is illegally possessed during those other cited instances this law applies, not the others.
It may be the intent of the law, and the misdemeanor charges for minors in violation aspect is clear, but the wording would be so poor if the intent were that it's always illegal for a 16-17 to possess. It would be very easy legally to make that clear, and make clear which law would apply to minors.
Instead the law goes out of its way to clarify possession specifically for rifles and shotguns, specifically for 16-17 year olds?
For a 15 year old the minor in possession law applies because the law clarifies any under 16. If C wasn't to clarify the specific circumstances of rifles and shot guns for 16-17 year olds being legal except if your otherwise doing illegal activity, then why even address that specific circumstance? Just make the law for anyone under 18, not under 16.
Imagine in farm country it being illegal for all 17 years olds to possess any firearm. You're 17 and a predator is threatening livestock. Sorry, not allowed to pick up the most common farm firearms: shotguns and rifles.
That doesn't mesh with existing law in a lot of places nor American culture. So the law seems to be creating a compromise and carve out for circumstances and expectations that are more common in rural America.
Does a city prosecutor even care to understand this? Or just reads the law in the way that least benefits those country bumpkin he doesn't align with ideologically?
Every angle I look at that law makes me side with the defense interpretation. The fact there is even confusion is concerning, though. If the law had been applied equally and without dispute then there wouldn't be a question.
Meaning, either way this is interpreted, my guess is somewhere a 16-17 year old was either wrongly convicted or wrongly allowed to illegally possess a dangerous weapon.
My guess, as often happens, urban PA offices have been applying the laws differently than rural. And as we've seen especially in recent years, intentionally for political reasons, not out of a simple misunderstanding of the intent of the law.
Even laws that put people in jail can be wildly misinterpreted until a high enough profile case comes along and creates attention to it.
Don't know the intent of that section for 16-17 year olds, but either way it's an obvious issue that probably affected a lot of people already so hopefully this case settles some law on the issue.
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