No. 81 April Term, 1977, Appeal from the Judgment of Sentence of the Court of Common Pleas of Washington County, Pennsylvania, Criminal Division, at No. 650 of 1975.
Patrick J. Rega, Charleroi, Wm. Jon McCormick, Bentleyville, for appellant.
Samuel L. Rodgers, First Assistant District Attorney, Washington, Jess D. Costa, District Attorney, Bentleyville, for Commonwealth, appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price and Spaeth, JJ. Watkins, former President Judge, and Van der Voort, J., did not participate in the consideration or decision of this case.
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This appeal arises from a conviction of violation of Section 6105 of the Pennsylvania Uniform Firearms Act*fn1 which prohibits a person convicted of a violent crime from possessing a firearm. Appellant contends his conviction cannot stand in view of the Commonwealth's failure to prove the
[ 253 Pa. Super. Page 33]
length of the barrel of the subject weapon. We agree and reverse.*fn2
It is readily apparent that the Commonwealth failed to prove its case. Although Section 6105, supra, provides:
"No person who has been convicted in this Commonwealth or elsewhere of a crime of violence shall own a firearm, or have one in his possession or under his control,"
Section 6102 of the Uniform Firearms Act, supra, restrictively defines what constitutes a "firearm." Section 6102 provides:
"Subject to additional definitions contained in subsequent provisions of this subchapter which are applicable to specific provisions of this subchapter, the following words and phrases, when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"'Firearm.' Any pistol or revolver with a barrel less than 12 inches, any shotgun with a barrel less than 24 inches, or any rifle ...