Unfortunately, we receive reports of gun-related crimes through the media on a daily basis. In an effort to curb gun violence, Pennsylvania has passed much stricter laws relating to the possession and ownership of firearms and other weapons. Pennsylvania has some of the most restrictive gun control laws in the United States according to the Brady Center to Prevent Gun Violence.
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. 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 can be difficult for even the most experienced gun owners to understand. It is extremely important to hire with a lawyer with a thorough understanding of federal and Pennsylvania state gun laws if you are charged with a gun crime. Over the course of my career as a criminal defense attorney, I have defended individuals charged with all types of gun and weapon offenses. I can guide you through the legal process and address your questions and concerns if you are charged with a gun crime.
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 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
The majority 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 less than 15 inches, any shotgun with a barrel length of less than 18 inches, any rifle with a barrel length of less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches (18 Pa. C.S.A. § 6102). Pennsylvania’s statutory definition of a firearm most closely describes the characteristics of a handgun.
With some exceptions, it is lawful for an individual in Pennsylvania to carry a firearm in his or her home or place of business. An individual carrying a firearm outside his or her home or place of business will, with some exceptions, be required to possess a valid License to Carry Firearm (LTCF).
Persons Ineligible to Possess a Firearm in Pennsylvania
Various Pennsylvania statutes address the circumstances under which certain individuals may be disqualified from firearm possession due to status or due to previous conviction for a specified crime. Pennsylvania criminal statute 18 Pa. C.S.A § 6105 specifically prohibits certain 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:
- Fugitives from the law
- Persons subject to a PFA with a firearms restriction
- Persons convicted of major felony property crimes
- Persons convicted of major felony assault crimes
- Persons convicted of certain sex crimes
- Persons determined to be incompetent
- Persons involuntarily committed to a mental health facility
- Persons convicted of felony drug crimes
The statute also disqualifies individuals convicted of most misdemeanor weapons offenses as well as 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 is graded as a 2nd degree felony. Individuals convicted of this offense face the following penalties:
- Up to 10 years in prison
- Up to $25,000 in fines
Possession of an Instrument of Crime
Pennsylvania law makes it illegal to possess any instrument of crime with the intent to use that instrument in a criminal manner. In Pennsylvania, the possession of an Instrument of Crime statute can cover a wide variety of objects beyond common 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 he or she possesses any instrument of crime with the intent to employ it criminally.
- A person commits a 1st degree misdemeanor if he or she possesses a firearm or other weapon concealed upon his person with the intent to employ it criminally.
- A person commits a 3rd degree felony if in the course of the commission of a felony or in the attempt to commit a felony he or she uses or wears body armor or has in his or her control, custody or possession of any body armor.
An instrument of crime is defined under 18 Pa.C.S.A § 907 (d)(1),(2) 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 includes any object that is readily capable of lethal use and possessed under circumstances inconsistent with its lawful use (18 Pa.C.S.A. § 907 (d)). 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
Under 18 Pa. C.S.A. § 907 (b), it is unlawful to possess a firearm or other weapon concealed on your person with the intent to employ it in a criminal manner. The legal definition of weapon includes any object readily capable of lethal use and possessed under circumstances inconsistent with any lawful usage of the object. An unloaded firearm is considered an unlawful weapon under the statutory definition.
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 18 Pa. C.S.A. § 907 (c), 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 is graded as 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. 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
Under 18 Pa. C.S.A. § 6106, 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 written license to carry firearms reciprocity agreements with 19 states. Pennsylvania has entered into informal unwritten 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:
- Any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his 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 carries a firearm concealed on or about his 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 specifically exempts most individuals who carry weapons as part of their lawful employment, including police, constables, sheriffs, members of the military, 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 who is 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.
An individual who, at the time of his or her arrest, is disqualified from lawfully carrying a valid license to carry a firearm in Pennsylvania will face a 3rd degree felony charge. The distinction in grading is important because the higher graded offense can carry higher fines and significantly more potential jail time. The penalties are as follows:
3rd degree felony (ineligible to possess license to carry)
- Up to 7 years in prison
- Up to $15,000 in fines
1st degree misdemeanor (eligible to possess 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, it is illegal to possess a firearm with an altered manufacturer’s number. Pennsylvania defines the crime of possessing a firearm with an altered manufacturer’s number as follows:
- No person shall possess a firearm which has had 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 prsison
- 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 other types of weapons on the property of a public, private or parochial elementary school or secondary school. Under 18 Pa. C.S.A. § 912, 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 for the possession of 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, it is illegal to carry a loaded pistol, revolver, shotgun or rifle in any vehicle. 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 carries 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 most effective defense strategy. My review of the case will include an analysis of whether any of 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 the evaluation of 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. A seizure of a firearm or other weapon commonly occurs during the search of a person, vehicle or residence by law enforcement authorities.
Motion to Suppress Evidence in a Firearm Case
I will 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 the use of certain physical evidence such as a firearm or other weapon if it is determined that your constitutional rights were violated by the police.
It is extremely difficult 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 suppression motion is granted by the court. I have extensive experience defending individuals who have been subject to an illegal search and seizure of a weapon or firearm by the police.
Other Weapons and Firearms Defenses
Certain weapons crimes, including the offense of firearms not to be carried without a license, require the prosecutor, in order to achieve a conviction, to prove that the weapon seized from the accused was functional. Similarly, a prosecutor must prove a weapon was loaded in order to gain a conviction for the crime of 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 was not functional. Establishing that a firearm or other weapon was not loaded or was not functional will provide a complete defense to these offenses. I can review the evidence in your case to determine all available defenses to the charges.
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 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 physical custody of a firearm or other weapon. This means that the prosecutor is alleging that the object was actively on your person or in your pocket. This includes purses, backpacks, and even shoes. It is possible for two or more people to 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 on 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.
- More than one person can constructively possess a firearm or other weapon. “Joint constructive possession” cases often arise in situations where a firearm is found in a vehicle or in 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 other firearm. Judges and juries are often reluctant to convict a person of an illegal weapons possession crime based solely on evidence that the individual was found in close proximity to a firearm or other weapon. A prosecutor will frequently need additional proof including DNA evidence, fingerprint evidence or incriminating statements made by the accused indicating ownership of the firearm or other weapon.
Many legal defenses may apply in a weapons or firearms case. I can determine the most effective legal strategy to protect your freedom and your future.
Start with a Strong Defense
If you have been charged with a weapons or firearms offense in Bucks County, Montgomery County or the surrounding counties, it is critical to act quickly to protect your rights and build the strongest possible defense against the charges. Phone lines are open 24 hours a day at (215) 752-5282. Call today for a free initial consultation or fill out the confidential contact form for an immediate response.
