Whoever possesses a firearm without complying with the requirements of law relating to a firearm identification card shall be punished.
A "firearm" is defined in our law as: "a pistol, revolver or other weapon loaded or unloaded, from which a shot or bullet can be discharged and the length of whose barrel is less than sixteen inches."
In order to prove the defendant guilty of this offense, the Commonwealth must prove three things beyond a reasonable doubt:
- That the defendant possessed an item
- That the item meets the legal definition of a "firearm"
- That the defendant knew that they possessed that firearm.
The Commonwealth must prove beyond a reasonable doubt that the defendant knew they possessed this item or had the item under their control in a vehicle, and also knew that the item was a "firearm," within the common meaning of that term.