American citizens have a constitutional right to bear arms, but that does not mean that gun ownership is completely unrestricted. Strict laws exist to control and regulate who has a gun, where guns may be used, and how they may be carried. If a person breaks any of these laws, they may face serious criminal charges.
You may be charged for illegal firearm possession if you have a firearm without a valid permit or if you are a person prohibited from having a firearm. A person may become prohibited from having a firearm if they were previously convicted of certain crimes, usually serious felonies. You might also be charged if you are underage or if you legally had a firearm but used it as part of a crime. In any case, contact a lawyer immediately, as criminal charges for gun crimes are serious and may lead to harsh penalties.
Get a free legal review by calling (215) 423-5500 and talking to our attorneys for firearm possession and gun crimes with Kenny, Burns & McGill.
How Can I Be Charged with Firearm Possession or Gun Crimes in Ardmore?
Guns are a touchy subject for many, and they can very easily lead to criminal charges. If you have a gun but did not follow the proper legal channels to get it, you may be charged.
Possession by Persons Prohibited
Some people are prohibited from possessing firearms. If such a person has a firearm, they may be criminally charged, even if they did nothing illegal with the firearm.
Violent felonies and certain rug-related crimes may make you a person prohibited. However, you do not necessarily have to commit a crime. You may be prohibited if you are adjudicated mentally incompetent, present in the U.S. illegally, convicted of at least 3 DUIs in 5 years, and various other reasons.
Our attorneys for firearm possession and gun crimes can help you determine whether you are prohibited from owning a gun.
Possession of a Firearm by a Minor
Minors are prohibited from possessing firearms unless they are supervised by a parent or legal guardian or an adult who has consent from a parent or legal guardian, and the minor is using the gun for something like safety training or target shooting. If a minor is in illegal possession of a firearm, the adult who furnished them with the firearm may be charged.
Using a Firearm in Other Crimes
Even if you own the firearm legally, you may still be charged if you use it for a criminal purpose. For example, you may legally carry a firearm on your person if you have a valid gun license, but that does not mean you can flash it at others to scare, intimidate, or threaten them. You may face serious criminal penalties, even if the gun is legally owned.
FAQs About Criminal Charges for Firearm Possession and Other Gun Crimes
Can I Be Criminally Charged for Possessing a Firearm?
Yes. You may be criminally charged just for having a gun in your possession or under your control if you do not have a valid gun permit. If you are prohibited from having a gun due to a past conviction, the charges for gun possession may be quite serious. Depending on your prior conviction, you may face felony charges.
Can I be Criminally Charged if I Have a Valid Gun Permit?
Yes. Gun crimes are not limited to illegal possession. A person with a valid permit who lawfully owns a firearm may still be charged for illegally using that firearm. For example, using a firearm to commit any crime will likely result in harsher penalties and criminal charges.
Are Minors Allowed to Possess Firearms?
Yes and no. Under the law, a person younger than 18 may not possess or transport a firearm within Pennsylvania, but there are exceptions to this law. A minor under a parent or legal guardian’s supervision, or under the supervision of an adult with consent from the minor’s parent or legal guardian, may have a firearm for things like safety training, target shooting, or legally organized sporting competitions.
How Serious Are Gun Charges in Ardmore?
Gun charges are very serious, and you should not disregard the possible penalties for illegal possession of a firearm or other gun-related charges. Simply possessing a firearm when you are prohibited from doing so may lead to severe felony charges, and you might spend years in prison. If you are convicted of a different crime in which a gun was present, sentencing guidelines may call for much harsher penalties than if a gun was not present.
Can I Go to Jail for the Illegal Possession of a Gun?
Yes. Having a gun in your vehicle, on your person, or anywhere other than your home without a valid permit may result in a third-degree felony charge. However, if the defendant is otherwise eligible for a valid firearm license, carries a gun without a permit, and has not committed any other legal violation, they may be charged with a first-degree misdemeanor. A first-degree misdemeanor carries a jail term of up to 5 years, and a third-degree felony carries a prison term of up to 7 years.
Can I Be Charged if I Did Not Know There Was an Illegal Firearm in My Home?
You may be charged, but you also have a strong defense. You do not have to have a firearm on your person to be charged with possession. Having a firearm somewhere under your control, like in your home, may constitute possession. However, possession must be knowing to lead to a criminal conviction. If someone else brought the gun into your home without your knowledge or consent, your attorney may help you fight the charges.
Can I Still Legally Own a Gun if I am Convicted of a Gun Crime in Ardmore?
If you were previously convicted of a gun crime or a crime that involved a firearm, you may be legally prohibited from having a gun or obtaining a gun license. Even so, it may be possible to have your gun rights restored, and you may legally own a firearm.
How Do I Challenge Gun Charges in Court?
We may challenge gun charges on several grounds, depending on your circumstances. In possession cases, if the gun was seized illegally, we may work to have it excluded from the case. If there is no evidence of a gun, charges for illegal possession likely cannot hold up in court. We can also challenge the prosecutor’s claims regarding your intent or knowledge of the firearm.
Are Gun Crimes Charged as Felonies?
Sometimes, yes. Gun charges are rarely minor offenses, but they are not always charged as felonies. For example, if someone possesses a firearm without a license but is eligible for a license and has not committed any other legal violation, they may face first-degree misdemeanor charges. However, felony charges are still possible and very common when it comes to gun crimes.
Should I Hire a Lawyer if I am Charged with a Gun Crime?
Yes. Gun charges may lead to extremely harsh penalties, and there may be numerous collateral consequences. If you are convicted, you may have trouble finding work or housing, and you may be prohibited from ever owning a firearm again.
Talk to Our Lawyers for Firearm Possession and Gun Crimes in Ardmore
Get a free legal review by calling (215) 423-5500 and talking to our attorneys for firearm possession and gun crimes with Kenny, Burns & McGill.
