State v. Gantt

The opinion of the Court was delivered by

O’HERN, J.

We granted certification in this case to determine whether the State must prove that a handgun used in an armed robbery was operable before a court may impose a sentence under the Graves Act, which requires mandatory-minimum terms of imprisonment for persons convicted of designated crimes involving the use of a “firearm.” The case arises in the context of an unarmed accomplice’s liability when his armed co-felon is never apprehended and the weapon is never recovered or produced. We agree with the courts below that proof of a gun’s operability…