Unfortunately, we receive reports of gun-related crimes through the media daily. Pennsylvania has passed much stricter laws relating to possessing and owning firearms and other weapons to curb gun violence. According to the Brady Center to Prevent Gun Violence, Pennsylvania has some of the most restrictive gun control laws in the United States. Therefore, hiring an experienced PA firearms crimes defense lawyer is critical if the police arrest you for a gun crime.
Prosecution of Weapon and Firearm Crimes
Federal, state, and local prosecutors make it a priority to investigate and prosecute individuals who violate any of the existing gun laws. Individuals convicted of a gun crime can face years in jail along with significant fines, court costs, and other severe penalties.
In addition, individuals convicted of committing certain crimes with a weapon can face even longer prison sentences under Pennsylvania’s deadly weapon sentencing enhancement law.
Understanding Pennsylvania’s Gun Laws
Pennsylvania’s gun laws are complex and challenging for even the most experienced gun owners to understand. Therefore, hiring a gun crimes attorney with a thorough understanding of federal and Pennsylvania state gun laws is critical if you are charged with a gun crime.
Throughout my career as a criminal defense attorney, I have defended individuals charged with all types of gun and weapon offenses. As a result, I can guide you through the legal process and address your questions and concerns if you are charged with a gun crime.
Gun Defense Attorney
As a gun crime attorney, I have over a decade of experience providing skilled and aggressive representation to individuals charged with weapons or firearms offenses in Bucks County, Montgomery County, and the surrounding Pennsylvania Counties.
Contact me at (215) 752-5282 for a free initial consultation, or fill out the confidential contact form for an immediate response. Appointments are available after business hours and on weekends.
Pennsylvania Gun Laws
Most of Pennsylvania’s gun laws cover the unlawful possession, ownership, use, sale, or transfer of a firearm or other weapon. Pennsylvania defines a firearm as any pistol or revolver with a barrel length of fewer than 15 inches.
Also, Pennsylvania considers a firearm as any shotgun with a barrel length of fewer than 18 inches, any rifle with a barrel length of fewer than 16 inches, or any pistol, revolver, rifle, or shotgun with an overall length of fewer than 26 inches. Pennsylvania’s statutory definition of a firearm most closely describes the characteristics of a handgun.
With some exceptions, it is legal for a person in Pennsylvania to carry a firearm in their home or business. However, an individual possessing a gun outside their home or business usually must have a valid Carry Firearm (LTCF) license.
Persons Ineligible to Possess a Firearm in Pennsylvania
Various Pennsylvania statutes address the circumstances under which specific individuals may be disqualified from possessing a firearm due to status or previous conviction for a specified crime.
Pennsylvania law prohibits specific individuals from possessing, using, controlling, selling, transferring, manufacturing, or acquiring a license for a firearm for any purpose. Individuals disqualified from firearm possession under the statute include the following:
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The statute also disqualifies individuals convicted of some misdemeanor drug possession offenses and those convicted of misdemeanor offenses of escape, unlawful restraint, and corruption of minors.
Penalties
Pennsylvania’s Persons not to Possess, Use, Manufacture, Control, Sell or Transfer Firearms crime can be graded as a misdemeanor or a felony depending on the offender’s status and prior criminal history.
Enumerated felony conviction and a previous conviction for Persons not to Possess
- 1st-degree felony
- Up to 20 years in prison
- Up to $25,000 in fines
Enumerated felony conviction and the Defendant physically possesses or controls a firearm
- 1st-degree felony
- Up to 20 years in prison
- Up to $25,000 in fines
Enumerated felony conviction
- 2nd-degree felony
- Up to 10 years in prison
- Up to $25,000 in fines
Persons not to possess-active PFA-loaded or unloaded
- 1st-degree misdemeanor
- Up to 5 years in prison
- Up to $10,000 in fines
Persons not to possess-adjudicated delinquent-loaded or unloaded
- 1st-degree misdemeanor
- Up to 5 years in prison
- Up to $10,000 in fines
Possession of an Instrument of Crime
Pennsylvania law makes it illegal to possess any instrument of crime if the person intends to use the instrument criminally. In Pennsylvania, possessing an instrument of crime statute can cover various objects beyond standard weapons such as guns and knives. The possession of an instrument of crime statute is defined under 18 Pa. C.S.A. § 907 and includes the following:
- A person commits a 1st-degree misdemeanor if they possess any instrument of crime with the intent to employ it criminally.
- A person commits a 1st-degree misdemeanor if they possess a firearm or other weapon concealed upon his person with the intent to employ it criminally.
- A person commits a 3rd-degree felony if, during the commission of a felony or attempt to commit a felony, they use or wear body armor or have in their control, custody, or possession of any body armor.
Pennsylvania defines an instrument of crime as follows:
- Anything specially made or specifically adapted for criminal use; or
- Anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.
Penalties
A weapon can include any object readily capable of lethal use and possessed by a person under circumstances inconsistent with a lawful use. Possession of an instrument of crime is graded as a 1st-degree misdemeanor and carries the following penalties upon conviction:
- Up to 5 years in prison
- Up to $10,000 in fines
Possession of a Weapon
Pennsylvania makes it illegal to possess a firearm or other weapon concealed on your person with the intent to employ it criminally. The legal definition of a weapon includes any object readily capable of lethal use and possessed under circumstances inconsistent with any lawful usage of the object. Therefore, even an unloaded firearm is considered unlawful under the law.
Penalties
The crime of possession of a weapon is graded as a 1st-degree misdemeanor and carries the following penalties upon conviction:
- Up to 5 years in prison
- Up to $10,000 in fines
Unlawful Possession of Body Armor
Under Pennsylvania law, it is illegal to use, wear, control, possess, or take custody of body armor in the course of committing a felony or in the attempt to commit a felony.
Penalties
The crime of unlawful possession of body armor is graded as a 3rd-degree felony and carries the following penalties upon conviction:
- Up to 7 years in prison
- Up to $15,000 in fines
Prohibited Offensive Weapons
Under 18 Pa. C.S.A. § 908 (a), it is illegal to repair, sell, or otherwise deal in, use, or possess any offensive weapon unless authorized by law.
Common Prohibited Weapons
- Sawed-off shotguns with barrels of less than 18 inches
- Grenades
- Stun guns
- Firearms modified for concealment
- Firearms modified with a silencer
The statute requires that the prohibited offensive weapon be capable of inflicting serious bodily injury on a person and otherwise serve no lawful purpose. In addition, the statute specifically exempts state police officers, sheriffs, police firearms experts, police forensic experts, and firearms dealers from being subject to the law.
Penalties
The crime of prohibited offensive weapons is graded as a 1st-degree misdemeanor and carries the following penalties upon conviction:
- Up to 5 years in prison
- Up to $10,000 in fines
Carrying a Firearm without a License
In Pennsylvania, it is illegal in most circumstances for an individual to carry a firearm on their person or in their vehicle without a lawfully issued Pennsylvania License to Carry Firearms or a license or a permit to carry a firearm from a state which Pennsylvania has a current reciprocity agreement.
Pennsylvania has a license to carry firearms reciprocity agreement with 19 states. In addition, Pennsylvania has entered into an informal license to carry firearms reciprocity agreements with 9 other states.
Pennsylvania defines the crime of carrying a firearm without a license in part as follows:
- Anyone possessing a firearm in any vehicle or carrying a firearm concealed on or about their person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this statute commits a 3rd-degree felony.
- A person who is otherwise eligible to possess a valid license under this statute but carries a firearm in any vehicle or any person who has a firearm concealed on or about their person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a 1st-degree misdemeanor.
Exemptions under the Law
The statute exempts most individuals who carry weapons as part of their lawful employment, including police, constables, sheriffs, and military members. In addition, it also excludes certain hunters and those transporting unloaded firearms to or from target practice.
Penalties
The firearms not to be carried without a license offense can be graded as a 1st-degree misdemeanor or 3rd-degree felony, depending on the status of the accused.
An individual otherwise eligible to possess a license to carry a firearm in Pennsylvania and is not accused of committing any additional criminal offenses will face the lower-graded 1st-degree misdemeanor charge.
At the time of their arrest, an individual disqualified from lawfully carrying a valid license to carry a firearm in Pennsylvania will face a 3rd-degree felony charge. The difference in grading is critical because the higher-graded offense can have higher fines and significantly more potential jail time. The penalties are as follows:
3rd-degree felony (ineligible to possess a license to carry)
- Up to 7 years in prison
- Up to $15,000 in fines
1st-degree misdemeanor (eligible to possess a license to carry)
- Up to 5 years in prison
- Up to $10,000 in fines
Possession of a Firearm with an Altered Manufacturer’s Number
Under 18 Pa. C.S.A. § 6110.2, possessing a firearm with an altered manufacturer’s number is illegal. Pennsylvania defines the crime of possessing a firearm with an altered manufacturer’s number as follows:
- No person shall possess a firearm with the manufacturer’s number integral to the frame or receiver altered, changed, removed, or obliterated.
- A person who violates this section commits a felony of the 2nd degree.
Penalties
A person convicted of possessing a firearm with an altered manufacturer’s number faces the following penalties:
2nd-degree felony
- Up to 10 years in prison
- Up to $25,000 in fines
Possession of a Weapon on School Property
Unfortunately, it is not uncommon to hear news reports of gun-related violence occurring at school buildings throughout the United States. Pennsylvania, along with many other states, has passed laws that severely restrict the possession of firearms and many different types of weapons on the property of a public, private, or parochial elementary school or secondary school.
Under this law, it is illegal to possess any of the following weapons on school property including:
- Knives
- Boxcutters
- Nunchuck sticks
- Switchblades
- Firearms
- Shotguns
Exemptions under the Law
The law creates an exception to allow a person to possess a weapon on school property if it is used in connection with a lawful supervised school activity or for some other lawful purpose.
Penalties
A conviction for possessing a weapon on school property carries the following penalties:
1st-degree misdemeanor
- Up to 5 years in prison
- Up to $10,000 in fines
Carrying Loaded Weapons other than Firearms
Under 18 Pa. C.S.A. § 6106.1, carrying a loaded pistol, revolver, shotgun, or rifle in any vehicle is illegal. However, the statute does not apply to specified state and local law enforcement officers, members of the armed services, federal agents licensed to carry weapons, and agents of common carriers, banks, and businesses transporting money or other valuable property.
Penalties
A conviction for carrying a loaded weapon other than a firearm has the following penalties:
Summary offense
- Up to 90 days in jail
- Up to $300 in fines
Weapons and Firearms Defense
I will thoroughly review the facts and circumstances of your case to develop the most effective defense strategy. My review of the case will include analyzing whether your state and federal constitutional rights were violated during your interaction with the police. In some cases, the legality of a vehicle stop or pedestrian “pat-down” is the starting point in evaluating the case.
The legal standard for a lawful search and seizure of a firearm or other weapon by the police is determined by the type of encounter involved. For example, a firearm or other weapon seizure commonly occurs when law enforcement authorities search a person, vehicle, or residence.
Motion to Suppress Evidence in a Firearm Case
I would file a Motion to Suppress Evidence if the police violated any of your constitutional rights during the investigation and prosecution of the case. The trial judge may exclude physical evidence such as a firearm or other weapon if it is determined that your constitutional rights were violated by the police.
It is challenging for most prosecutors to move forward with the charges if the court has excluded the use of the recovered firearm or weapon as evidence at trial.
Most prosecutors will withdraw or dismiss the charges against the accused if the court grants the suppression motion. I have extensive experience defending individuals subject to an illegal search and seizure of a weapon or firearm by the police.
Other Weapons and Firearms Defenses
Certain weapons crimes require the prosecutor to prove that the weapon seized from the accused was functional. Similarly, a prosecutor must prove a gun or rifle was loaded to gain a conviction for carrying a loaded weapon other than a firearm.
Using a Defense Firearm Expert
Conducting an independent investigation of the firearm or other weapon seized as evidence by the police will often uncover proof that the firearm or other weapon was not loaded or functional.
Establishing that a firearm or other weapon was not loaded or functional will provide a complete defense to these offenses. Therefore, I can review the evidence in your case to determine all available defenses to the charges.
Understanding Actual and Constructive Possession in Weapons and Firearms Cases
Most weapons and firearms offenses in Pennsylvania do not require that the prosecutor prove that the accused acted with a specific mental state or intent. However, most weapons or firearm-related crimes require that the prosecutor prove possession of a firearm or other weapon as an element of the offense.
Prosecutors generally establish possession under one or two legal theories:
- Actual Possession: under this theory, the prosecutor alleges that you were in the physical custody of a firearm or other weapon. This means the prosecutor contends that the object was on your person or in your pocket. This includes purses, backpacks, and even shoes. Two or more people can share actual possession of a firearm or other weapon under the legal concept of “joint possession.”
- Constructive Possession: under this theory, the prosecutor alleges that the firearm or other weapon was found somewhere that you have access to, such as in your house, your car, or your property. A prosecutor must prove that you had knowledge of the firearm or other weapon and the ability to maintain dominion or control over it at the time of your arrest.
- More than one person can constructively possess a firearm or other weapon. “Joint constructive possession” cases often arise when a firearm is found in a vehicle or a common area of a residence. It is possible for two or more people to share constructive possession of a firearm or other weapon under the legal concept of “joint possession.”
It is generally much more difficult for a prosecutor to prove constructive possession of a weapon or firearm. Judges and juries are often reluctant to convict a person of an illegal weapons possession crime based solely on the evidence that the individual was found near a firearm or other weapon.
A prosecutor will frequently need additional proof, including DNA evidence, fingerprint evidence, or incriminating statements by the accused indicating ownership of the firearm or other weapon. Many legal defenses may apply in a weapons or firearms case. Therefore, I can determine the most effective legal strategy to protect your freedom and future.
Gun Crime Lawyer
The police just arrested you for a serious gun crime. So you begin to look for a gun crime lawyer near me. If that is the case, it is critical to contact my office so I can start building a defense for your case.
My practice area includes Bucks County, Delaware County, Montgomery County, Chester County, and the surrounding Pennsylvania Counties. Phone lines are open 24 hours daily at (215) 752-5282. Call today for a free initial consultation, or fill out the confidential contact form for an immediate response.
