Under 18 Pa.C.S. § 6105(a)(1), people who have been convicted of certain crimes listed in the statute are prohibited from having a firearm. If you are arrested for allegedly violating this law, contact a lawyer immediately.
A person may be prohibited from owning or carrying a firearm if they are at some point convicted of certain crimes enumerated within the above-mentioned statute. Typically, a convicted person must relinquish their firearm as soon as possible, with a grace period of up to 60 days. Talk to your attorney about possible defense strategies. Perhaps you were not convicted of an eligible offense, or you are still in the process of relinquishing firearms. Penalties may vary depending on how the law was violated here.
Contact our defense lawyers for 18 Pa.C.S. § 6105(a)(1) charges for a free case evaluation by calling Kenny, Burns & McGill at (215) 423-5500.
How Does Someone Become a Person Prohibited from Possessing a Firearm?
Your right to own and carry a firearm may be restricted if you are convicted of certain offenses. Under the law, if a person is convicted of certain felony offenses listed within the relevant statute, they may be prohibited from owning, purchasing, carrying, or otherwise having almost anything to do with firearms.
The list of crimes that may cause someone to become prohibited from having a firearm is quite long and generally consists of serious, violent felonies. For example, if a person is convicted of a homicide offense, aggravated assault, kidnapping, rape, robbery, or various other violent felonies, they may lose their right to own and carry a gun.
How Can I Fight Charges under 18 Pa.C.S. § 6105(a)(1) for Illegal Firearms?
The authorities are not always correct about who is and is not prohibited from having a firearm, and your attorney can help you fight the charges.
You Were Not Convicted of an Eligible Offense
One possibility is that you were never previously convicted of an offense that would disqualify you from having a firearm. If a person is arrested and charged with a disqualifying offense but never convicted, authorities could mistakenly believe they are disqualified from possessing a firearm. It is also possible that a defendant was previously convicted but later had their gun rights restored.
You Are Relinquishing Your Firearms
Another possibility is that you were recently convicted of a disqualifying offense and are still in the process of relinquishing your firearms. When a convicted person relinquishes their firearms, they must do so according to strict procedures, which can take time. Under the law, you should have up to 60 days to relinquish your firearms.
You Were Unaware of the Firearm
To be convicted, your possession of a firearm must be knowing. If you were unaware there was a firearm in your home, vehicle, or otherwise under your control, tell your attorney immediately. It is not unusual for a person prohibited from owning a firearm to have a family member or roommate who is not. The person they live with might have a gun and not say anything, leading to the defendant getting arrested.
FAQs About People Prohibited from Having Firearms Under 18 Pa.C.S. § 6105(a)(1)
How Do I Know if I am Prohibited from Having a Firearm?
You may be prohibited from having a firearm if you were previously convicted of a certain crime listed within the relevant statute. Alternatively, you may be restricted if you are the subject of a protection order.
What Are the Charges for Having a Firearm as a Person Prohibited?
If you were convicted of a certain felony offense listed in the statute or certain drug-related felonies, you may be charged with a first- or second-degree felony. If you are the subject of a protection order and fail to relinquish your firearms, you may be charged with a second-degree misdemeanor.
How Do I Fight Charges for Having a Firearm as a Person Prohibited?
Generally, you must be aware of the firearm in your possession to be convicted. If you did not know that someone was keeping a gun in your home, you might be able to fight the charges. Your attorney should help you develop a defense strategy tailored to your case.
What Happens if I Owned Firearms Prior to Becoming a Person Prohibited from Having a Gun?
If you already have firearms, you must relinquish them as soon as possible. Typically, defendants must surrender or relinquish their firearms within about 60 days.
Can I Keep My Firearms After a Protection Order Against Me Has Expired?
Yes. Many protection orders are temporary, and you may keep your firearms after a protection order expires. However, you should consult a lawyer before obtaining any firearms.
How Do I Relinquish Firearms if I am Prohibited from Having One?
In many cases, people can surrender their firearms to the police. Alternatively, you may sell or transfer your firearms to someone eligible to own them who is not a member of your household.
Can I Ever Have My Right to Own a Firearm Restored?
Yes. People who are prohibited from owning a firearm may petition the court to have their rights restored, but restoration is not guaranteed. You must meet specific eligibility criteria before your rights can be restored, and you should get a lawyer to help you.
How Do I Get My Firearm Rights Restored?
First, you must submit a petition to have your rights restored to the appropriate court. The court may hold a formal hearing on the matter and examine how much time has passed since you were convicted, your criminal history, and whether you pose a danger if you had a gun.
How Long Will I Be Prohibited from Owning a Firearm?
This depends on your specific situation and the reasons why you are prohibited from having a gun. However, most people will be prohibited until they become eligible for restoration and petition the court for restoration. Alternatively, you may have your rights restored if the conviction is expunged or pardoned.
What if Someone in My Household Owns a Gun, But I am Prohibited from Having a Firearm?
This can be a tricky situation, but it is best to avoid having any firearms in your home, even if those firearms lawfully belong to other people.
Get Help Now from Our Defense Lawyers for 18 P.C.S. § 6105(a)(1) Charges
Contact our defense lawyers for 18 Pa.C.S. § 6105(a)(1) charges for a free case evaluation by calling Kenny, Burns & McGill at (215) 423-5500.
