Commonwealth v. Montgomery

The Commonwealth of Pennsylvania appeals 1 from the order affirming the dismissal of the charge of carrying a firearm without a license against Darren Montgomery and denying the Commonwealth permission to re-file the charge. The Commonwealth claims it presented sufficient evidence that Montgomery had concealed a firearm on his person for the charge to be bound over for trial. We agree, and thus reverse and remand.

The Commonwealth charged Montgomery with violations of 18 Pa.C.S.A. § 6106, carrying a firearm without a license, and § 6108, carrying a firearm on public streets in Philadelphia.…