While we have a right to bear arms, this right may be limited after a felony conviction. While not all criminal convictions will restrict your gun rights, convictions for serious felonies probably will. If you are facing charges for illegally having a gun, contact an attorney for help now.
Generally, people convicted of certain felonies are no longer eligible to own a gun. The list of specific felonies that may make you ineligible to own a gun is quite long and is mostly comprised of violent offenses. If the authorities believe you have a gun in violation of this restriction, you may face new, serious charges and possibly incarceration.
Contact our Philadelphia criminal defense lawyers for a free, initial case review by calling Kenny, Burns & McGill at (215) 423-5500.
What Happens if I Have a Felony Conviction and Own a Gun in Pennsylvania?
Felony convictions may disrupt your life for years to come after your criminal case is over. Simply having a felony conviction on your record, even an old one, may lead to legal issues. One significant issue is that your right to own a gun is severely restricted.
You May Be Arrested
If the police believe that you are a person prohibited from having a gun because of a felony conviction, and they also have reason to believe that you have a gun in your possession, they will likely take swift action against you. They may show up at your home with a search warrant, and you may have no choice but to let them search your property. If they find a gun, you will be arrested and possibly charged.
Criminal Charges
Simply having a firearm in your possession when you are a person prohibited is a serious offense. Even if the gun is not fired or even used as part of a crime, you may be arrested and charged. Specifically, having a gun in violation of the restrictions placed on you after a felony conviction may be charged as a second-degree felony.
Penalties and Jail Time
The penalties for having a gun in your possession when you are a person prohibited are steep. Again, the gun does not have to be fired or used as part of a crime for prosecutors to press criminal charges against you. You may be charged with a second-degree felony, punishable by up to 10 years in prison.
How Can I Fight Charges for Having a Gun Illegally?
Even if the police find a gun in your home, vehicle, or otherwise under your control, your attorney can help you fight the charges.
Lack of Knowledge of the Gun
Does the gun in question belong to someone else? Could they have stashed the gun in your home or car without your knowledge? This scenario is far more common than many people realize, and you may be able to challenge the charges if you truly did not know about the gun. Prosecutors must be able to show that you knew the gun was in your possession to secure a conviction.
You Were Not Actually Convicted
Another common issue is that people are arrested for having a gun while being a person prohibited, but they are not actually a person prohibited. This sometimes happens when a person is charged with a felony but is ultimately not convicted. The authorities might mistakenly believe you are prohibited when you are not. Your attorney can help you clear up mistakes like this.
Your Rights Were Reinstated
It may be possible to avoid charges for possessing a gun if your gun rights are restored. This is often challenging, and your rights may be restored at a judge’s discretion, but it may be worth exploring with your lawyer.
Before your rights can be restored, the court must determine that the conviction was vacated, pardoned by the governor, or that the U.S. Secretary of the Treasury has relieved the applicant of the restriction on firearms, and at least 10 years have passed since the completion of your most recent conviction.
FAQs About Owning a Gun or Firearm When You Have a Felony Conviction in Pennsylvania
Am I Allowed to Own a Gun in Pennsylvania if I Was Previously Convicted of a Felony?
Probably not. Under Pennsylvania law, people who have been convicted of certain felonies are prohibited from having firearms. The list of felonies that make you ineligible for gun ownership is long and largely consists of violent crimes. However, not every felony conviction leads to this kind of restriction, and you should talk to your lawyer about your specific situation.
Will I Be Arrested if I Own a Gun But Have a Felony Conviction?
Possibly. A violation of the law prohibiting people with certain felony convictions from having a gun is considered a second-degree felony. Also, any offense involving a gun, whether it was fired or not, will likely lead to swift police action.
Can I Restore My Right to Own a Gun if I Was Convicted of a Felony?
Sometimes, yes. You may file a petition with the court to have your gun rights restored. However, restoration is never guaranteed, and judges may have significant discretion when deciding whether to restore your gun rights.
Can I Be Arrested for Illegally Having a Gun if the Gun Was Not Mine?
Yes. When you are prohibited from having a gun because of a previous felony conviction, it does not matter if the gun was yours or someone else’s. If the gun is found in your possession or under your control, such as in your home or vehicle, you may be arrested and charged.
Can I Own a Gun in Pennsylvania if I Was Convicted of a Misdemeanor?
Generally, yes. Misdemeanor convictions typically do not lead to restrictions on your gun rights, at least not under the same law as felonies. Even so, you should double-check with a lawyer about whether you are eligible to own a gun if you have any criminal convictions on your record.
If I am Convicted of a Felony, How Do I Get Rid of My Guns?
Under the law, a defendant convicted of a felony that makes them ineligible for gun ownership must be allowed a reasonable amount of time to relinquish their firearms. This period may not exceed 60 days. You may transfer your firearms to someone who is not ineligible or relinquish them to law enforcement. If you are unsure how to proceed, ask your lawyer for help.
Call Our Pennsylvania Criminal Defense Lawyers to Review Your Case
Contact our Bensalem, PA criminal defense lawyers for a free, initial case review by calling Kenny, Burns & McGill at (215) 423-5500.
