Having a gun under certain circumstances or in certain places may be illegal, and you might face harsh criminal charges. While gun crimes are not met with much sympathy in the courts, you still have a right to defend yourself, and our legal team can help you challenge the charges.
The first thing you should do is call a defense lawyer to help you assess the situation and begin developing effective defense strategies while also helping you secure pretrial release. Certain people may be prohibited from having a gun if they have been previously convicted of certain crimes. If you are unsure whether you are a person prohibited, speak to an attorney about your situation. The authorities may be overly zealous to convict and may infringe on your rights in the process. Our attorneys can help you protect yourself.
Obtain a free initial case assessment by calling Kenny, Burns & McGill at (215) 423-5500 and talking to our gun crimes lawyers.
What You Should Do After Being Charged with a Gun Crime
Your top priority should be to contact a lawyer. This may be difficult if you are being arrested, but the police must allow you to call a family member or your attorney. If you do not have your lawyer’s phone number, call your family and have them contact your attorney to explain the situation.
Our gun crimes attorneys will assess the charges and penalties and begin developing defense strategies almost immediately. We must first gather all the facts, so we know exactly what happened and why the authorities want to press charges. If the police question you about the alleged crime before your attorney arrives, you are allowed to invoke your right to remain silent.
We must also consider how to get you released on bail. While many defendants are released under certain bail restrictions, a select few might be denied bail if they committed especially severe crimes, are flight risks, or pose a threat to the community.
Who is Prohibited From Having a Gun in Northampton?
While Americans enjoy the right to bear arms under the Second Amendment, this right is not totally unrestricted. Under 18 Pa.C.S. § 6105(a), people who have been convicted of certain offenses may be prohibited from owning, possessing, or transferring firearms, and the penalties may be severe.
People Convicted of Certain Crimes
A criminal conviction may carry penalties beyond fines or incarceration. Depending on the offense, a convicted defendant may be prohibited from having a gun under almost any circumstances. Not every criminal conviction makes a person ineligible for gun ownership, but there is a lengthy list of offenses under subsection (b) of the above-mentioned law.
A few offenses that may make you ineligible to have a gun include, but are certainly not limited to, homicide offenses, aggravated assault, kidnapping, burglary, robbery, and other similar offenses.
Other Persons
Even if you are not convicted of a crime that would disqualify you from, you may still be prohibited from having a gun under subsection (c) of the statute. This law outlines numerous conditions that may render you ineligible to possess a gun. A few examples include being a fugitive from justice, convicted of certain drug crimes, adjudicated as mentally incompetent, or illegally present in the United States.
Potential Gun Charges in Northampton
A person may be charged with any number of offenses related to firearms, and most of them carry significant penalties. If you find yourself in such a position, contact an attorney for help immediately.
Altering Identifying Marks
Firearms are heavily regulated items that must be manufactured in accordance with strict laws. Among the many requirements for guns is that they must have certain markings to identify them, including things like serial numbers. A serial number is unique to each firearm and can be used to track them.
Under 18 Pa.C.S. § 6110.2(a), it is illegal to have a gun with identifying marks that have been altered. This may include guns where serial numbers have been removed to make it harder for authorities to track them. This may seem like a minor offense, but it may be charged as a second-degree felony punishable by up to 10 years in prison.
Illegal Sale or Transfer
Even selling or transferring a gun is very strictly regulated, and violations may lead to severe criminal charges.
Under § 6111(b), licensed dealers of firearms must receive a complete application from a potential buyer. If the application is not complete, the dealer cannot sell anything. The dealer must also verify the potential buyer’s criminal history and other factors that may render them ineligible to possess a gun. Numerous other checks and calls to the police are necessary before a gun can be sold.
If a person violates this law, they may be charged with a second-degree misdemeanor punishable by up to 2 years in jail.
False Evidence of Identity
When a person purchases a firearm, they must present official identification documentation to enable the necessary background checks to be performed. If someone presents false identification when buying a gun, they may face serious charges. Such an offense may be charged as an unsworn falsification to the authorities under § 4904(a).
If convicted, a defendant faces penalties for a second-degree misdemeanor, including jail time of up to 2 years.
Can the Police Search My Home for a Gun in Northampton?
When the police suspect a person to be in illegal possession of a gun, they will likely want to find the gun itself to use as evidence. This often necessitates a search of the defendant’s home and other private property. However, the police must abide by strict laws that protect your rights and privacy.
The police must have a warrant allowing them to search your home or a valid exception to the warrant requirement. Warrants must be based on some articulable probable cause and approved by an impartial judge. If a gun is seized as evidence from your private property and the police did not have a warrant or a warrant exception, the evidence may be “tainted.”
Tainted evidence may be suppressed and excluded from the case, so it cannot be used against you in court. If the court refuses to exclude the tainted evidence and you are convicted, we may file an appeal and try to have the weapon excluded in a new trial.
Speak to Our Northampton Gun Crimes Attorneys as Soon as Possible
Obtain a free initial case assessment by calling Kenny, Burns & McGill at (215) 423-5500 and talking to our gun crimes lawyers.
