Firearms are a very touchy subject, especially when it comes to the law. If a person even has a gun in their possession without a permit, they may face serious legal consequences. If a gun is used as part of a crime, the criminal charges and potential penalties may be severe. Whatever the case may be, contact an attorney immediately.
Although the Second Amendment protects your right to have a firearm, this right does not come without restrictions. You must have a valid permit to own a gun, and not everyone is eligible. If you have a gun without a permit, or you are prohibited from having a gun due to something like a criminal background, you may face serious charges. Minors are also prohibited from having guns, and any adult who knowingly provides a minor with a firearm may be criminally charged.
Call our lawyers for firearm possession and gun crimes at Kenny, Burns & McGill for a free, private case evaluation at (215) 423-5500.
When is it Illegal to Have a Gun or Firearm in Allentown?
It can be confusing when guns are legal and when they are not. We have a right to bear arms, but various restrictions apply, and it can be all too easy to have your gun at the wrong place and time and be criminally charged.
Lack of a Legal Permit
You cannot own or carry a firearm unless you have a valid gun permit. If you have a firearm but no valid permit, you may face first-degree misdemeanor charges just for having the gun. If the gun is used unlawfully, you may face even harsher charges for third-degree felonies. Our lawyers for firearm possession and gun crimes may help you prove that you had a proper license and that your possession was not illegal.
Minors
In Pennsylvania, minors are not allowed to possess firearms unless they are under a parent or guardian’s supervision, or the supervision of an adult with the parent’s or guardian’s consent. Supervised minors may use firearms for certain legal activities, like safety training or sporting competitions. However, if a minor illegally possesses a firearm, the adult who provided the firearm may be charged.
Previous Criminal Convictions
Some people are no longer permitted to obtain a gun permit or possess firearms because of a prior conviction or other legal status that prohibits them from possessing firearms. For example, a prior conviction for a violent crime, certain drug offenses, or even too many DUIs may lead to your gun rights being restricted. You may face serious felony charges if you have a firearm but are a person prohibited under this law.
FAQs About Gun Crimes and Illegal Possession of Firearms in Allentown
Is Illegal Possession of a Firearm a Serious Crime in Allentown?
Yes. Guns are very strictly regulated, and illegally possessing a gun may lead to severe charges. Simply having a gun without a valid permit may lead to criminal charges even if you do not use the gun for any illegal purpose. If you are prohibited from having a gun due to a prior conviction, you may incur serious felony charges just for having a gun in your home, in your car, or on your person.
Will I Go to Jail if I am Charged with a Gun Crime?
Possibly. Being charged with a crime does not automatically lead to incarceration. Criminal defendants must be found guilty before they can be sentenced to jail or prison. However, if a defendant is convicted of a gun crime, they will likely face time behind bars. As such, having a qualified defense attorney is crucial for anyone facing gun charges in Allentown, PA.
Can I Be Charged with a Gun Crime if I Have a Valid Gun Permit?
Yes. If you have a valid gun license, you may not be charged with illegal possession of a firearm. However, you may be charged with other offenses involving a firearm. For example, having a gun license does not mean you may bring a gun anywhere. Places like schools and government buildings strictly prohibit all guns, even if they are possessed legally, and you may be charged. You may also be charged for using a lawfully owned firearm as part of a crime.
Can I Be Charged with Illegal Possession of a Firearm if I Did Not Know the Gun Existed?
While you can be charged, that does not mean that prosecutors will be able to secure a conviction. If you are charged with illegal possession of a firearm, the prosecutor must prove beyond a reasonable doubt that you knew about the gun. If you truly did not know the gun was there – perhaps someone else brought the gun into your home or stored it in your car without your knowledge – your attorney can help you fight the charges based on a lack of intent.
How Do I Fight Charges for Possession of a Firearm?
You may challenge gun charges if the gun was seized by the police in a way that violated your rights. In that case, the gun may be excluded and cannot be used against you. Without the gun as evidence, it becomes very difficult for a prosecutor to prove gun charges beyond a reasonable doubt. You can also challenge the prosecutor’s claims of your criminal intent. If you did not know about the gun or did not have the intent necessary to commit the crime, you may be able to fight the charges.
How Do I Know if I am a Person Prohibited from Having a Firearm?
A person prohibited from possessing a gun is often someone who has been convicted of a specific crime. Violent felonies or other offenses involving firearms often make a person prohibited from having a gun. If you are not sure, ask an attorney for help.
When Should I Call a Lawyer About Charges for Gun Crimes?
You should contact an attorney for help immediately. If you are arrested for alleged gun crimes, remain silent, avoid answering questions from the police about the alleged crime, and ask to call your lawyer as soon as possible. If you believe you may be arrested soon, do not hesitate to call a lawyer now. They may help you prepare for your imminent arrest and explain how to protect your rights.
Can I Be Released on Bail if I am Charged with a Gun Crime?
Yes. All criminal defendants have a right to a bail hearing. While a judge may deny bail to a defendant under certain conditions, most defendants are granted bail. Many do not have to pay money to be released on bail, but must abide by strict rules and conditions. You could be denied bail if the judge believes you are likely to leave the state or are a serious threat to the community.
Can I Be Charged with Illegal Possession of a Firearm if the Gun Was Never in My Home?
Yes. Illegal possession of a firearm does not require that a firearm be found in any specific location. You may be charged if the gun is in your car, home, place of work, on your person, or in any place where you exercise control over the firearm.
Contact Our Attorneys for Firearm Possession and Gun Crimes in Allentown for Help
Call our lawyers for firearm possession and gun crimes at Kenny, Burns & McGill for a free, private case evaluation at (215) 423-5500.
