Pennsylvania has quite loose gun laws, but violations can still result in serious charges. It is important to understand your rights and responsibilities as a gun owner because any mistakes can result in charges.
Beyond this, there are plenty of felony charges you could face for illegal gun possession, illegal use of a firearm, theft of a firearm, or use of a weapon in a crime. These charges can result in years behind bars, and it is vital to fight them with the help of experienced state and federal criminal defense attorneys.
For a free case evaluation, call our gun crimes lawyers at Kenny, Burns & McGill at (215) 423-5500 today.
Do You Need a Permit to Buy a Gun?
Pennsylvania’s gun laws do not require a permit to purchase or own a gun. Most people over 18 (21 for handguns) can go into a store, undergo a background check, and buy a gun on the same day.
Do You Need a Permit to Carry a Gun?
Similarly, carrying a gun openly is legal without a permit (outside of Philadelphia, which has special permitting laws). You need to be 18 for a long gun and 21 for a handgun.
However, you do need a permit to concealed carry a firearm. This requires applying and getting the permit from the county sheriff where you live. For Pottstown, this means applying with the Montgomery County Sheriff.
Who Can Be Charged with Illegal Gun Possession in Pottstown, PA?
First, minors cannot have guns of their own. They may be permitted to shoot at a range or while hunting, but they cannot own the firearm or carry it openly. For long guns, the age is 18, but handguns require you to be 21 to carry it.
Otherwise, specific laws deal with ex-convicts and other people who are specifically barred from possessing a firearm under Pennsylvania law:
- People convicted of listed gun crimes
- Fugitives
- People convicted of a drug crime punishable by over 2 years
- People with three or more DUI convictions in 5 years
- Certain people who have been in mental institutions
- Immigrants with unlawful status
- People restricted by protection from abuse orders
- Juvenile delinquents with any of the listed gun crimes or other offenses in the statute
- People under federal gun restrictions
- People with prior convictions of illegal gun possession.
Some of these status issues are confusing and might not be clear. There may also be waivers or you might have had your gun rights restored, calling into question whether you fall under an exception. If you have any doubts about your right to own or possess a firearm, consult with our gun crimes lawyers before making any moves.
What Guns Are Illegal in Pennsylvania?
Four specific types of firearms are outright illegal under 18 Pa.C.S. § 908:
- Machine guns (i.e., fully automatic firearms)
- Sawed-off shotguns (barrel under 18 inches)
- Guns adapted for concealment
- Guns adapted for silent discharge.
It is also illegal to possess grenades, and thus grenade launchers or other similar firearms.
However, there is no explicit restriction on other offensive weapons, military-style firearms, or “assault weapons” that might be illegal in other states.
Many of these illegal guns are the kinds of weapons that would need to be registered under the National Firearms Act, which means that registration is not usually an issue because you simply cannot have them here.
In any case, you should still check with a lawyer before purchasing any exotic or unusual firearms or weapons.
Other Criminal Charges Involving Guns
Many defendants face potentially long prison terms for using a gun in a crime. This can come from a crime that involves guns in its elements, such as the following:
- Possession of altered or illegal firearms
- Gun possession in restricted places (e.g., schools, courts)
- Altering a firearm to be illegal (e.g., sawing off a shotgun barrel, adding a silencer)
- Obliterating manufacturer’s numbers
- Theft of a firearm
- Possession of an instrument of crime, i.e., a firearm intended to be used in a crime.
It can also come from a crime that is enhanced because of the use or presence of a firearm. This can occur with the Deadly Weapon Enhancement, which can be applied to certain crimes for possession of or use of a firearm, whether loaded or unloaded. There are also increased mandatory minimum sentences for certain drug crimes when you have or use a firearm at the same time.
This mandatory minimum is especially serious, as courts have no authority at sentencing to remove the firearm attribute or sentence you to probation or a suspended sentence. The mandatory minimum must be followed.
Can I Be Searched for a Gun?
Police usually need probable cause to search you, your car, your possessions, or your house. For most home searches and many searches not involving moveable property, they also need a warrant. However, brief searches for weapons often fall under an exception that can make it easier for police to find and seize firearms.
Pat-Downs
Police are often allowed to do a quick pat-down for officer safety during a police stop. Stopping you in the first place only requires reasonable suspicion, a lower requirement than probable cause. During this pat-down, police can identify a weapon and seize it to keep themselves safe.
Warning Police Officers
During an interaction like this, it is often best to warn the officer that you have a firearm, especially if you are carrying it legally. This can allow them to take the gun off of you rather than putting them on edge if you reach for it during the encounter.
Fighting Charges
If you possessed and carried this gun lawfully, then there should typically be no charges, and we can seek to have any charges thrown out. If this did lead to seizure of the weapon and criminal charges, we can analyze the case and fight any unjustified charges, such as accusations that you intended to use it in a crime.
Call Our Gun Crime Defense Lawyers in Pottstown, PA Today
Call Kenny, Burns & McGill at (215) 423-5500 for a free case evaluation with our gun crimes lawyers.
