The presence of a firearm during the commission of a crime may lead to severe penalties, even if the gun is legally owned. Dealing with gun charges can be a complicated, frustrating endeavor, and you should hire an experienced attorney to help you. The penalties for such charges tend to be harsh, and you might be facing serious felonies.
Gun charges may come up in a wide variety of cases, including, but not limited to, illegal possession, possession by a minor, and possession without a license. You might also face charges for other criminal offenses that are made worse by the presence of a firearm. Consequences of gun crimes often involve significant jail time, and you may see your right to lawfully own a firearm in the future heavily restricted. If your gun rights are currently restricted, an attorney may be able to help you get them restored.
For a free, confidential case analysis, call Kenny, Burns & McGill at (215) 423-5500 and talk to our gun crimes lawyers.
How You May Be Charged for Illegal Possession of a Firearm
Exactly how a person is charged with a gun crime may be hard to predict, as gun charges arise in all sorts of situations. Our gun crimes attorneys may help you determine if you are prohibited from having a gun.
Possession by Persons Prohibited
If you were convicted of certain offenses in the past, you might be barred from having a gun, and just having one in your possession may be a serious offense.
Under 18 Pa.C.S. § 6105(a), those with prior convictions of listed crimes cannot own, possess, sell, or transfer a firearm in Pennsylvania. This is a second-degree or first-degree felony, depending on your criminal history.
These listed offenses include…
- Murder
- Manslaughter
- Aggravated assault
- Rape
- Kidnapping
- Robbery
- Other violent felonies
- Drug offenses.
Possession by a Minor
Although many people are permitted to own, possess, and carry a firearm lawfully, certain categories of people are not. More specifically, it is almost always illegal for a minor to possess a firearm in Pennsylvania, according to § 6110.1(a).
Under subsection (c) of this statute, the responsibility for this offense falls to an adult in charge of the minor. Any adult who knowingly and intentionally delivers a firearm to a minor may be charged with a third-degree felony.
Under limited circumstances, minors may lawfully possess a gun. These instances often include things like safety training courses, target shooting, or other lawful activities that are supervised by responsible adults.
Possession Without a License
For gun possession to be lawful, you must be properly licensed according to strict Pennsylvania gun laws. According to § 6106(a), anyone who carries a firearm anywhere other than their private home or fixed place of business without a valid license may be charged with a third-degree felony.
However, if the defendant is otherwise eligible to get a proper license to have a firearm and has not committed any other criminal violation, they may instead be charged with a first-degree misdemeanor.
Consequences of a Gun Crime Conviction
The penalties for a gun charge vary based on the specific circumstances of each case. The nature of the offense, other underlying offenses, and your criminal record may all play a role in how a criminal sentence is imposed if you are convicted.
Potential incarceration depends on the specific charges. When gun charges involve a third-degree felony, convicted defendants may face up to 7 years in prison. For a second-degree felony, the defendant may be sentenced to up to 10 years in prison. A first-degree felony may be met with a prison term of up to 20 years.
Certain gun charges can be mitigated down to first-degree misdemeanors and punished by up to 5 years in jail.
Another consequence of a gun crime conviction is that you may be restricted from owning firearms, and you must surrender any guns you have, even if you own them lawfully.
Defenses to Gun Crimes in Bensalem
While gun charges are certainly a serious matter, you have the right to defend yourself, and there may be ways to refute the charges or at least mitigate them, resulting in less severe penalties.
It is possible that the authorities were mistaken about your illegal possession of a firearm. Perhaps you had a valid license but were unable to produce it when the police requested it. Maybe you are accused of providing a firearm to a minor, but you did not provide the gun or even know about it. In such cases, we may be able to resolve the charges before going to trial.
We should also examine the actions of law enforcement during their investigation. If the gun was seized by the police illegally, it should not be allowed to be used as evidence against you. We may file pretrial motions explaining how the gun was seized in violation of your rights, and the judge may exclude it from the trial.
How to Get Your Gun Rights Restored in Bensalem
If you find that your rights to own a firearm are restricted, you can speak to an attorney about whether you can have these rights restored.
Under 18 Pa.C.S. § 6105.1(a), you may submit an application to the court of common pleas in your county of residence to have your gun rights restored.
You may be ineligible for restoration if you have been convicted of another offense that would make you prohibited from owning a gun, you were convicted of any other offense punishable by more than 1 year imprisonment, or your character and reputation are such that the court believes it may be dangerous to restore your gun rights.
Contact Our Bensalem Gun Crimes Attorneys For Support
For a free, confidential case analysis, call Kenny, Burns & McGill at (215) 423-5500 and talk to our gun crimes lawyers.
