Criminal charges involving firearms are notoriously harsh. The authorities may want to thoroughly investigate your home, leaving you feeling violated. Prosecutors may pursue very harsh penalties in court, and your freedom may be on the line. Your best bet is to hire an experienced attorney to help you protect your rights and fight the charges.
It is illegal to have a firearm in certain places, like schools or government buildings, even if you have a license. Some people are prohibited from having firearms due to prior convictions for certain crimes. If you have a valid license to have a gun or were unaware that having a gun was illegal under the circumstances, your attorney may help you defend yourself. The gun itself may be the key piece of evidence. If it was seized illegally or is otherwise inadmissible, we can fight to prevent prosecutors from using it against you.
For a private, free case evaluation from our gun crimes lawyers, call Kenny, Burns & McGill at (215) 423-5500.
When it is Illegal to Have a Gun in Lansdale
Just because people have a right under the Second Amendment to bear arms does not mean that they can carry a gun wherever they want to. Guns are highly illegal in certain places and under certain conditions. You may face serious criminal charges simply for having a gun when you are not supposed to.
Prohibited Places
It may be illegal to have a gun in certain places, even if you have a license to carry a firearm on your person. For example, having a gun with you at a school or in a government building like a courthouse is highly illegal. If you are arrested, you may face serious charges. The fact that you are licensed to carry a firearm is not a defense to charges like these.
Prohibited Persons
Other people may be charged for having a gun because they are prohibited from having one under 19 Pa.C.S. § 6105(a). If a person was previously convicted of certain crimes or meets other legal criteria contained within the statute, they are ineligible to get a license for a firearm.
People convicted of certain serious felonies, like homicide offenses, kidnapping, robbery, burglary, or a whole host of other charges, are ineligible to have a firearm. Similarly, those who are fugitives from justice, present in the United States illegally, or deemed mentally incompetent by a court of law, among other criteria, are ineligible.
Lack of a License
If you are not prohibited from getting one, you must have a valid license to have a gun. If you have a gun without a proper license, you may be criminally charged under § 6106(a).
Simply carrying a firearm without a license on your person or in your vehicle may lead to charges for a third-degree felony. If the defendant has not committed any other criminal violation, they may be charged with a first-degree misdemeanor.
What to Do if You Are Arrested for a Gun Crime
After being arrested for a gun crime, you should contact a lawyer for help as soon as possible. The police may take you in for questioning about the alleged offense, but they must first read you your Miranda rights. These include your right to remain silent and not answer questions and your right to have a lawyer present. Invoke both these rights directly and clearly.
Gun charges often stem from the lack of a valid license. If the police believe you are unlicensed and that is why they arrested you, but you actually have a valid license, tell your attorney immediately. Our gun crimes lawyers may be able to obtain copies of your license or other documentation showing that you are licensed to possess a firearm.
Whatever your charges might be, you should avoid guns while your case is pending. If you have other firearms in your home, even if they are legally owned, store them elsewhere. We may want to inform the police about other guns that are legally in your possession, to avoid any further confusion.
Evidence in Your Gun Crimes Case in Lansdale
When preparing your case, we must consider the evidence the prosecutor will use against you. Of course, this varies from case to case, as evidence is not the same for every defendant. However, certain pieces of evidence tend to be more common, and we may want to plan for them.
The primary piece of evidence the prosecutor will want to use is probably the gun. If you are charged with a crime because it was illegal for you to have a gun, the prosecutor likely must present evidence of the gun in question. This also means the police must seize the gun in a way that is legal and does not violate your rights. If the gun is seized illegally, it may be kept out of the trial, and the case against you might fall apart.
If the prosecutor believes you purchased the gun illegally or under false pretenses, they may introduce records of the illegal sale. If the gun came from a licensed dealer, there will undoubtedly be a paper trail from the sale with various bits of information about you, the gun, and the person who sold it to you.
What Happens if You Are Convicted of a Gun Crime?
Sometimes, even the best defense strategies are not enough to avoid a conviction. However, being convicted is not necessarily the end of your case. There may be various implications of a conviction beyond the standard penalties of jail time or fines.
First, you may have to relinquish any firearms you have. You must surrender your firearms to law enforcement or a licensed firearms dealer. We must inform the court of how and when you will relinquish your guns. This typically happens fast. According to 18 Pa.C.S. ֻ§ 6105.2(b), you have 24 hours from when you are convicted to turn over any firearms.
Get Help Now From Our Lansdale Gun Crimes Lawyers
For a private, free case evaluation from our gun crimes lawyers, call Kenny, Burns & McGill at (215) 423-5500.
