Commonwealth v. Rosario

Summary

The Pennsylvania Superior Court affirmed Luis Angel Rosario’s judgment of sentence for carrying a firearm in a vehicle without a license under 18 Pa.C.S.A. § 6106(a)(1). The court held that applying the statute to a twenty-year-old defendant was consistent with the historical tradition of firearm regulation under the Second Amendment and did not violate Article I, Section 21 of the Pennsylvania Constitution. The court relied substantially on its recent decision in Commonwealth v. Williams.

Holdings

1. As applied to a twenty-year-old carrying a firearm while traveling in a vehicle, § 6106(a)(1) is consistent with the Nation's historical tradition of firearm regulation and does not violate the Second Amendment.
2. As applied to Rosario, § 6106(a)(1) does not violate Article I, § 21 of the Pennsylvania Constitution because that provision does not provide greater protection against the challenged firearm regulation than the Second Amendment.

Questions Presented

1. Whether 18 Pa.C.S.A. § 6106(a)(1), as applied to a twenty-year-old carrying a handgun in a vehicle, violates the Second Amendment.
2. Whether 18 Pa.C.S.A. § 6106(a)(1), as applied to Rosario, violates Article I, § 21 of the Pennsylvania Constitution.

Disposition

affirmed