A new law signed by Gov. Ed Rendell last December requiring a five-year minimum mandatory prison sentence for people convicted of drug dealing while in possession of a firearm became effective Saturday.
"The governor has always been concerned about the relationship of firearms in the drug trade and feels that it presents a great danger that requires special attention," Rendell spokesman Chuck Ardo said.
Michael Madeira, senior deputy attorney general in charge of the Drug Strike Force Section in State College, said this law had been considered since February 2003. "Having the gun is not the element of the crime," he said. "You don't have to prove to the jury the person had a gun, but you have to prove to the court at sentencing that this [new] section of the law is applicable."
Madeira said if the jury decides the section is applicable, then the court has no choice but to give the person the mandatory sentence. He also said the law was not just for the person in possession of drugs who is carrying a gun, but also applied to an accomplice with a possession of a gun or if a gun is found near the drugs.
Ray Gricar, Centre County district attorney, said drug dealers are dangerous even if they do not have a weapon.
But, "if they're armed they could be shooting amongst themselves, at officers or at innocent bystanders," Gricar said. "The last thing we want is drug dealers with guns."
State College Police Sgt. Mark Argiro said the primary beneficiaries of the law are going to be police officers.
"They arrest the drug dealers and often see the defendant back on the street again in a short time," Argiro said. "But with the five-year minimum, at least they can know they won't be back in five years."
Madeira said if a defendant sold a half-ounce of cocaine, for example, he or she would face a three-year mandatory prison sentence because of the weight. If the person is carrying a gun, they could also get an additional five-year mandatory sentence because of the new law. Maderia said that because the statutory maximum for delivering cocaine is 10 years, the court could aggregate or stack the two prison sentences for a total of eight years.
The law would not apply, however, to a person with a firearm who was selling 10 pounds of marijuana, for example, a penalty that carries a three-year mandatory sentence. The statutory maximum for possession of marijuana is five years, so the court could not stack the prison sentences because it would exceed five years.
Gricar said the law was an attempt to prevent drug-related tragedies after seeing many tragic cases in cities such as Philadelphia and Pittsburgh.
"I hope that people will understand this law," Gricar said. "It is to protect the public, but also to protect the police who are trying to apprehend the suspects."

