Assault & Battery What is the Mundy Law?In cases of gun possession without a gun being f

[Abdul]

Is there a legal defense against being charged with possession of a firearm even though they DA has not produced one based on a law called the Mundy Law.

 

[disagreeable]

Wrote Mundy: "Neither the federal nor the Pennsylvania Constitution prohibits the General Assembly from enacting mandatory minimum sentences. ... Alleyne merely requires that the element for said offense be submitted to the jury and found beyond a reasonable doubt."

To void all of Section 9712.1, she argued, would be to deprive legislators of their objective of having those who possess a gun while trafficking in drugs serve a longer sentence.

http://lancasteronline.com/opinion/...cle_50add346-2d1b-11e4-bdd5-0017a43b2370.html