In Pennsylvania, in cases where a person is charged wih a drug offense when a firearm is present, that person can face a mandatory minimum sentence of five years. This specific area of law has changed since a recent United States Supreme Court opinion. In Allenye v. United States, the Court held that the prosecution must prove any fact that carries with it a mandatory minimum sentence beyond a reasonable doubt.
In Commonwealth v. Munday, 2013 Pa. Super. 273, the Superior Court held that the trial court committed reversible error when the fact of whether a firearm was present in close proximity to drugs was not submitted to the jury. Because of the trial court’s error, the defendant was entitled to a new trial.