Commonwealth v. Montgomery

Summary

The Supreme Court of Pennsylvania considered whether a firearm partially tucked into a waistband, with its handle visible, could be concealed under 18 Pa.C.S. § 6106. The Court held that concealment is a fact-intensive inquiry based on the totality of the circumstances, but concluded that the evidence was sufficient to establish a prima facie case of concealment at the preliminary-hearing stage. The Court affirmed the Superior Court's reversal of the trial court's dismissal of the charge.

Holdings

1. A person carries a firearm concealed on or about his person when, viewed in the totality of the circumstances, the firearm is carried in a manner that hides it from ordinary observation; absolute invisibility is not required.
2. Partial concealment does not satisfy the concealment element as a matter of law merely because any portion of the firearm is hidden; instead, the fact-finder must determine concealment from the totality of the circumstances.
3. The Commonwealth presented sufficient evidence to establish a prima facie case of concealment under § 6106 and warrant further proceedings.

Questions Presented

1. Whether a firearm that is partially tucked into a waistband with its handle visible is concealed as a matter of law under 18 Pa.C.S. § 6106.
2. Whether concealment under § 6106 requires absolute invisibility of the firearm.
3. Whether the evidence, viewed in the light most favorable to the Commonwealth, established a prima facie case that Montgomery carried an unlicensed firearm concealed on or about his person.
4. Whether the Superior Court properly reversed the trial court's dismissal of the § 6106 charge and remanded for further proceedings.

Disposition

affirmed