In Pennsylvania, our gun laws usually allow adults with no criminal record to have guns at home for self-defense. However, you can face serious crimes if you try to own a gun with a criminal record or under other conditions. Using a gun to commit a crime or having a gun with you when you commit certain crimes can also lead to quite serious charges.
It is important to have a lawyer on your side when you go to court. Hiring your own attorney can give you a strong defense to face the charges against you and potentially get them dropped or reduced, or at least get the penalties reduced when the government has not proven your gun possession as an element for enhanced penalties.
For a free review of your case, call our firearm possession and gun crime lawyers at Kenny, Burns & McGill at (215) 423-5500.
What Are the Requirements for Buying a Gun in Pennsylvania?
Pennsylvania law is quite lax on gun purchases. You merely need to be 18 to buy or own a long gun (rifle, shotgun) or 21 to buy a handgun. There is no licensing or training requirement.
However, there are separate rules for carrying a handgun and restrictions on ownership under certain situations. Violations of these rules can cause serious charges.
Gun Carrying Limits
Before even getting into the specific rules about carrying, it is important to note that the rules in Delaware County and Philadelphia are different. If you cross county lines, it is possible that you could end up being charged and arrested for gun possession in Philadelphia, even if everything you did was legal in Delco. That being said, it is important to know the laws for carrying a gun in Delaware County:
Open carry for handguns and long guns is legal, meaning you can have a gun slung over your shoulder or on your hip. However, you may be stopped and questioned if police suspect you are committing a crime. However, this should not lead to charges if you were not doing anything illegal.
Concealed carry of a handgun requires a separate permit you can obtain from the Delaware County Sheriff’s Office.
You can usually carry a gun in your house with no restrictions, or in your car, as long as you are legally allowed to have a gun in the first place.
Limitations on Gun Ownership for Marijuana Card Owners
If you have a medical marijuana card for a medical condition, then the law technically forbids you from possessing a gun. It has been Department of Justice and Bureau of Alcohol, Tobacco, Firearms, and Explosives policy since 2011 that anyone who has a medical marijuana card is presumed to be a marijuana user. That means possessing a firearm while being a marijuana user would violate 18 U.S.C. § 922(g)(3), even though medical marijuana is perfectly legal under Pennsylvania law.
Criminal Possession of a Firearm for Previous Crimes
It is illegal to have a gun if you committed certain crimes in the past. Namely, prior convictions for these crimes make gun ownership or possession illegal:
- Certain weapons and gun possession crimes
- RICO violations
- Homicide offenses (murder, manslaughter, etc)
- Crimes involving firearm use
- Assault and other serious violent crimes
- Kidnapping, stalking, and other serious interpersonal crimes
- Certain crimes against children
- Arson
- Burglary
- Robbery
- Certain theft offenses
- Certain witness intimidation crimes
- Escape
- Rioting offenses
- And more.
In addition, many drug crimes also disqualify you, and prior convictions for comparable crimes at the federal level or in another state also make gun ownership in Pennsylvania illegal.
Possessing a Firearm During Another Crime
Our firearm possession and gun crime lawyers can help defend you if you were charged with having a gun as an element of another offense. For example, the crime of “possessing instruments of crime” under 18 Pa.C.S. § 907(b) can be charged for simply having a gun and intending to use it in a crime, whether you actually got to the point of committing another crime or not.
In addition, simply possessing a firearm – whether concealed or visible – during the commission of certain drug crimes can lead to a mandatory sentence under 42 Pa.C.S. § 9712.1. This is not a separate charge or an element of the crime, but our lawyers can challenge the added mandatory minimum by forcing the prosecution to prove these elements in addition to the elements of the underlying crime.
Crimes Involving Use of a Gun
Other crimes involving use of a firearm are some of the most severe criminal charges on the books. For example, aggravated assault and murder – or even attempted murder – can land you in prison for a long time or the rest of your life. It is vital to have a lawyer defend you in your case, or potentially try to negotiate a plea on your behalf to reduce the ultimate sentence.
Challenging Gun Possession as an Element of the Crime
If police and prosecutors accuse you of possessing a gun as part of your charges, they have to prove that. That means showing that you knew the gun was there, and you had access to the location.
Something like having a gun in the trunk of your car might be an honest mistake if a friend left it there. You might also have no access if you are in a friend’s car and they have their gun in the glove box, and you had no knowledge it was in there. This can be true even if you were sitting in the passenger seat right in front of the glove compartment.
If the police only found a gun after an illegal search, we may be able to suppress evidence of the gun. This includes challenging illegal stops that were done without reasonable suspicion, illegal searches done without a warrant or probable cause, and illegal arrests done without probable cause.
Challenging Gun Use as an Element of the Crime
It is also possible to challenge the accusation that you used a gun. Statutes are usually quite clear as to what elements they are intended to cover, such as showing a gun to threaten a victim or actually brandishing the gun or firing it during the criminal act.
If the prosecution’s evidence falls short of the requirements to prove the elements for conviction or sentencing purposes, we can argue to have certain enhancements or elements blocked, potentially getting charges dismissed entirely.
Call Our Gun Crime and Firearm Possession Lawyers in Delco Today
Call the attorneys for firearm possession and gun crimes at Kenny, Burns & McGill at (215) 423-5500 for a free review of your charges.
