Any criminal charge can be frightening to confront, but when a gun is involved, the authorities tend to investigate more thoroughly, and prosecutors may pursue harsher penalties in court. You might feel that the odds are stacked against you, but our attorneys can help you defend yourself.
Various gun crimes are possible, and some are charged simply because having a gun is illegal under certain conditions. You may be charged solely for possessing a firearm if you are a person prohibited under the law. You might instead be charged because you lack proper licensing, or you let a minor in your care have a gun. How we challenge your charges will be unique to your case, but common strategies include working to exclude illegal evidence and arguing over your intent in the alleged offense.
Receive a free, private case analysis from our gun crimes attorneys with Kenny, Burns & McGill by calling (215) 423-5500.
Gun Crime Charges in Montgomery County
Many charges may be assessed simply because you had a gun in the wrong place or because you are prohibited from having one at all. Even though these charges are not always related to serious, violent crimes, they may still carry harsh penalties.
Possession by a Person Prohibited
Many people are criminally charged because they are prohibited from having a gun due to a prior conviction. According to 18 Pa.C.S. § 6105(a), those convicted of specific criminal offenses may be barred from possessing, using, selling, or having anything to do with a firearm. Specific offenses are listed under subsection (b) of this law.
A person prohibited from having a gun under this law may be charged with a second-degree felony if they are caught with a firearm. Such an offense may be punished with imprisonment for up to 10 years.
Carrying a Gun Without a License
If you are not prohibited from having a gun, you must still have a license to legally have a firearm. Obtaining a license is not a simple or easy process, and individuals may face serious consequences for carrying a firearm without one.
According to § 6106(a), a person carrying a firearm on their person or in their car without a valid license may be charged with a third-degree felony punishable by up to 7 years in prison.
If you are eligible to have a valid license to have a firearm but still carry a gun without a license, and you have not committed any other criminal violation, you may be charged with a first-degree misdemeanor. This is punishable by up to 5 years in jail.
Possession of a Gun by a Minor
While people have the right to bear arms, this right does not extend to minors, except in special circumstances, according to § 6110.1(a). Exceptions to this law include minors who, with a parent or guardian’s supervision, use a firearm in a lawful activity like safety training or target shooting.
Any adult who illegally delivers a firearm to a minor may be charged with a felony of the third degree. If found guilty, they may be sentenced to up to 7 years in prison.
How to Challenge Charges for Gun Crimes
How our gun crime lawyers fight your charges will depend on the unique circumstances of your case. Many defense strategies may be available, and we must be careful to pick the ones likely to help you the most.
Excluding Evidence
If the gun was seized illegally, it may be suppressed and excluded from the case. We may need to file a pretrial motion arguing that your rights were violated when the police seized the weapon. If the court agrees, the gun may be considered tainted evidence and kept out of the case, where it cannot be used against you.
The gun is often the key piece of evidence in a criminal case for gun charges. Without it, the prosecutor’s case may completely fall apart. If that happens, they might be inclined to offer a good plea deal or even drop the charges.
Even if they do not drop the charges, without the gun, prosecutors might be unable to meet their burden of proof, and a judge may be convinced to dismiss the case.
Challenging Intent
Simply having a gun in your possession may be a crime, but only if you have the requisite criminal intent. Possession charges typically require that the defendant be aware of the illegal items. If you had no idea about the gun’s presence, we might be able to fight the charges.
Many defendants claim not to know about an illegal firearm if it came from someone else. For example, you might share a house or apartment with roommates, and one of them might have a gun in the home without telling you. If the gun is found in your home by police for some reason, they might charge you. However, we must prove that you had no idea the gun was there to avoid conviction.
Arguing the Gun was Legal
Possession of a gun can be illegal for some, but for many, it is a Constitutional right. Maybe the police believe you are prohibited from possessing a firearm, but they are mistaken.
One possibility is that you were charged because of a simple case of mistaken identity. The police might think you are not allowed to have a firearm because of a previous criminal conviction, but actually, someone else in your family was convicted, not you, and law enforcement officials made an error.
It is also possible that you were previously prohibited from having a firearm, but your gun rights were restored under § 6105.1(a). Defendants convicted of certain offenses that prohibit them from having a gun may have their rights restored if the court believes they are no longer a danger to the public.
What to Do if You Are Charged with a Gun Crime in Montgomery County
If you find yourself suddenly facing gun charges in Pennsylvania, you should call an attorney as soon as you possibly can. If you are arrested, the police should give you the opportunity to call your family or a lawyer. Use this chance to reach out for help.
The police may want to ask you questions about the allegedly illegal firearm, but you should avoid answering these questions without a lawyer present. In fact, you do not have to answer their questions if you choose.
Call Our Montgomery County Gun Crimes Attorneys for Help Immediately
Receive a free, private case analysis from our gun crimes attorneys with Kenny, Burns & McGill by calling (215) 423-5500.
