There are many possible gun charges under Pennsylvania law. The Commonwealth takes firearms seriously, and facing accusations of many of these offenses could be very stressful and even detrimental to your life. Talk to a Philadelphia gun charge lawyer today.
Understanding Pennsylvania’s Main Gun Charges
In Pennsylvania, firearm regulations are stringent, and understanding the main gun charges can be crucial for residents and visitors alike. The state enforces several laws concerning the possession, use, and transfer of firearms.
Some of the main gun charges in Pennsylvania include:
- Unlawful Possession of a Firearm
One of the most common gun charges in Pennsylvania is unlawful possession. This charge can apply in various scenarios, including:
- Possession by a Prohibited Person: Individuals with certain criminal convictions, those under restraining orders, or those deemed mentally incompetent may be prohibited from owning or possessing firearms.
- Minors in Possession: Individuals under 18 are generally not allowed to possess firearms, with few exceptions for activities like hunting or target shooting under supervision.
- Possession without a License: Carrying a concealed firearm without a valid license is illegal. Open carry is permitted in most parts of the state, but a license is required in Philadelphia for carrying a loaded firearm in a vehicle.
- Firearm Trafficking and Straw Purchases
Gun trafficking involves the illegal sale and distribution of firearms. This can include:
- Straw Purchases: When someone buys a gun on behalf of another person who is prohibited from purchasing it themselves, it is considered a straw purchase. Both the buyer and the recipient can face serious charges.
- Illegal Sale or Transfer: Selling or transferring a firearm without conducting the necessary background checks or failing to adhere to state and federal regulations can lead to severe penalties.
- Possession of a Firearm with an Altered Serial Number
It is illegal to possess a firearm with an altered, removed, or obliterated serial number. This charge aims to prevent the circulation of untraceable weapons often associated with criminal activity.
- Use of a Firearm in the Commission of a Crime
Using a firearm during the commission of a crime, such as robbery, assault, or drug trafficking, can lead to enhanced charges and penalties. A firearm’s presence and whether it was used can elevate the offense’s severity and result in mandatory minimum sentences.
- Possession of an Unregistered Firearm
Certain firearms, such as short-barreled rifles and fully automatic weapons, must be registered under the National Firearms Act (NFA). Possessing such firearms without proper registration is a federal offense but can also be prosecuted at the state level.
- Carrying a Firearm in Prohibited Areas
Pennsylvania law prohibits carrying firearms in specific locations, including:
- Schools and School Zones: Carrying a firearm on school property or within a school zone is illegal without proper authorization.
- Courthouses and Government Buildings: Firearms are generally banned in courthouses and certain government buildings.
- Airports: Carrying a firearm into the secured areas of an airport can lead to significant legal consequences.
- Reckless or Negligent Use of a Firearm
Reckless or negligent use of a firearm, such as discharging a weapon in a populated area or handling a gun in a dangerous manner, can result in criminal charges. This includes incidents where no one is injured, but the potential for harm is significant.
If you or a loved one face any of these charges in Pennsylvania, you have the right to partner with a defense attorney. They can advocate for your legal rights and protect your future.
For a free legal consultation, call 215.515.3360
Some Commonly Violated Firearms Charges in Pennsylvania
The most common gun charges in Pennsylvania come from violations of Pennsylvania’s firearms laws. Examples include:
Violations of Section 6105
Title 18, Section 6105, is one of the most severe firearms charges you can face in Pennsylvania. This law addresses possession of a gun by someone prohibited from owning or having a firearm. This could include:
- Someone with a previous felony conviction
- Someone running from the law (“a fugitive from justice”)
- Undocumented immigrants
- Those not honorably discharged from the military
- Someone with three or more drunk driving convictions
- Those who are mentally incompetent or who were involuntarily committed to a mental institution or health facility
- A person who has a Protection from Abuse Order (PFA) taken against them
This offense is graded as a second-degree felony, and a conviction could come with ten years in prison and significant fines.
Violations of Section 6106
Title 18, Section 6106 prohibits possession of a gun without an appropriate license. This could occur in many ways, and it is a good idea to pay careful attention to when and where you carry your firearms when you do not have a license.
This is a felony of the third degree and could call for up to seven years in prison.
Violations of Section 6110.2
Section 6110.2 of Title 18 covers firearms without a serial number. It is illegal to have a gun with the manufacturer’s serial number altered, removed, or otherwise obliterated. This is a second-degree felony and could come with a prison sentence of up to ten years.
Violations of Section 908
Title 18, Section 908 contains the Commonwealth’s laws against prohibited weapons. When it comes to firearms, this includes many weapons covered by the federal National Firearms Act (NFA) and other federal laws. This includes automatic machine guns, guns with silencers, guns made or adapted for concealment, shotguns sawed off to less than 18 inches, and more.
This is the only offense on this list that could be charged as a misdemeanor. It is generally a misdemeanor of the first degree. A conviction could result in a jail sentence and fines, with a maximum time in jail of up to five years.
Consequences of Pennsylvania Firearms Violations Are Significant
Pennsylvania takes firearms violations seriously. If convicted, you could have a felony on your criminal record. This would prevent you from owning firearms in the future, prevent you from getting some jobs and occupational licenses, cost you thousands of dollars, and perhaps put you behind bars for years.
To avoid this, it is important to ensure you follow all applicable laws and only carry your guns legally, do not own illegal weapons, and do not attempt to purchase a firearm if you cannot own or possess one under the law.
If you have questions about whether you can purchase a gun, discussing your options with a criminal defense attorney familiar with the laws is a good idea before you apply. In addition, it is paramount that you tell the truth when applying to purchase a gun. You could also face criminal charges for giving incorrect or incomplete information on your application and other necessary forms.
How an Attorney Can Develop a Defense for Gun Charges in Pennsylvania
If you already face allegations or charges of a firearms violation, you should speak with a criminal defense lawyer. They can determine a solid defense and build a criminal defense strategy based on the facts of your case. A defense attorney’s approach to gun charges in Pennsylvania typically involves several key steps.
First, the attorney will thoroughly investigate the circumstances surrounding the alleged violation. This includes reviewing police reports, witness statements, and any available video footage. They will look for inconsistencies or procedural errors made by law enforcement that could weaken the prosecution’s case. For instance, if the police conducted an illegal search and seizure, any evidence they obtained may be inadmissible in court.
Next, the attorney will examine the specifics of the firearm laws that apply to your case. Pennsylvania has strict gun laws, and understanding the nuances of these regulations can be crucial. The attorney may argue that you were in lawful possession of the firearm or were unaware of any prohibitions against possessing a gun.
Additionally, the legal defense may include negotiating with the prosecution. Your attorney could work to secure a plea deal that reduces the severity of the charges or mitigates the potential penalties. This is often a viable option, especially if the evidence against you is strong.
Finally, your attorney will present a compelling defense on your behalf if the case goes to trial. This could involve calling witnesses, presenting exculpatory evidence, and making persuasive legal arguments to cast doubt on the prosecution’s case.
It may be possible to clear your name, negotiate a plea agreement, reduce the charges against you, or otherwise get a more favorable outcome in your criminal case.
Discuss Your Options with Our Criminal Defense Team
At the Law Offices of M.J. Snyder, LLC, we help people facing firearms charges in Pennsylvania. We offer free consultations and can discuss your legal options.
We’re here to help you get a favorable outcome in your case.
Contact us today to discuss your case, the charges you face, and how we might approach your defense. We can also represent you in questioning, court appearances, and more.
