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Court rules inoperable gun still gun

HARRISBURG — A gun does not have to be in working, firing condition to trigger provisions of Pennsylvania's mandatory sentencing laws, the state Supreme Court said in a unanimous decision made public on Wednesday.

The court ruled in the case of Sue Zortman, 43, who pleaded guilty in Clearfield County nearly four years ago to possession of marijuana and drug paraphernalia, possession with intent to deliver and conspiracy.

The county judge imposed a five-year minimum mandatory sentence because a .357-caliber Magnum was recovered along with drugs during a search of Zortman's home.

The judge later granted a defense motion and lowered Zortman's sentence to nine months in county jail plus nine years of probation because the gun lacked a firing pin and so did not fit the legal definition of a firearm.

But prosecutors appealed to Superior Court, which said in 2009 that the mandatory minimum sentence enhancement should apply.

A spokeswoman for the attorney general's office said the ruling added clarity to state law.

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