Charges for gun-related crimes can be incredibly serious. These charges often involve years in jail, high fines, and future loss of gun rights. Keeping yourself out of jail in the first place is often the best way to fight these charges.
Our attorneys can fight evidence and illegal search and seizure that led to the charges. We can also seek to get charges dismissed on the merits if the prosecution’s evidence is weak. Barring that, we can try to potentially arrange plea deals that might lessen the penalties or remove the gun charges.
For help with your case, call Kenny, Burns & McGill’s gun crimes lawyers at (215) 423-5500 today.
Illegal Gun Possession Charges in West Chester, PA
In Pennsylvania, you do not need a license to purchase a gun. You typically have to pass a background check, but there are certain sales or transfers (such as a gift or purchase from a gun show) where a background check might not be given.
Ultimately, if you are not supposed to have a gun, you are the one held responsible, though there may also be charges against someone for transferring it to you. This means that, whether they give you a background check or not, you can be charged for illegal possession.
Gun possession is typically illegal if you bought or possessed a gun…
- Under 18 years old (21 for handguns)
- When you have a prior criminal record, immigration status, etc. that bars you from gun ownership
- When you concealed carry without a license
- When you possess an illegal type of firearm (e.g., sawed-off shotgun, fully-automatic machine gun).
Note that a license or concealed carry permit is not generally required to own or openly carry a gun. Instead, this is only needed for concealed carry of a handgun.
Illegal Gun Trafficking Charges
As mentioned above, certain gun retailers are required to run background checks and check for legal purchasers before selling or transferring a gun to someone else. These rules usually apply to licensed dealers, who generally need to understand the rules as part of the licensing process. If you are charged with a crime for conducting legal business in the firearms industry, our gun crimes lawyers can defend you.
Other people are not usually required to perform background checks, but you might have restrictions on how you can transfer a gun. For example, you can typically give a gun to a family member, and you can typically sell long guns without a dealer, but handgun sales typically need to be conducted with a licensed intermediary.
Charges can also result from transferring a gun to someone you knew was not supposed to possess a gun.
If you are looking to sell or transfer a firearm, you can always consult with a lawyer ahead of time to ensure that what you are doing meets legal requirements and potentially avoid any unjust charges.
Firearms Enhancements
Many charges involving firearms are separate crimes that are enhanced because a firearm was involved.
The most common example is the deadly weapon enhancement, which applies to most sentencing for violent crimes that involve a firearm or other deadly weapon. These enhancements can increase the final sentence length depending on whether the defendant merely possessed a gun during the offense or actually used or threatened people with the gun.
These enhancements apply to both loaded and unloaded firearms.
There are also mandatory minimums for certain drug crimes involving firearms.
Crimes Involving Guns
The last category is crimes where having or using a gun is part of the crime itself. This includes, for example…
- Possession of a firearm on school property
- Possession of a firearm in court
- Possession of a firearm with altered manufacturer’s number.
Similarly, obliterating a manufacturer’s number or otherwise illegally modifying a gun requires a gun to be involved.
Some crimes might not always involve guns, but a gun can satisfy an element of the offense. For example, possessing instruments of crime can be charged for any weapon carried with the intent to use it in a crime, whether it is a gun or not. Similarly, it is illegal to steal many things, but theft of a firearm specifically grades the offense as a second-degree felony.
Does Pennsylvania Allow Open Carry?
Anyone who is over 18 and not otherwise barred from gun ownership is typically permitted to open carry a long gun. The age limit is 21 for open carrying a handgun.
Keep in mind that you still cannot have guns in restricted areas like schools or courthouses, even if you otherwise are able to own and carry a gun.
There are special rules for Philadelphia (discussed below).
Do You Need a Gun Permit in West Chester, PA?
Pennsylvania law does not require a permit to purchase a gun, but it does require a concealed carry permit to carry a gun hidden on your person or in your car. It is important to always comply with these laws, or else you could face charges.
Can You Go to Philly with a Gun?
West Chester is pretty close to Philadelphia, and many local residents might not be aware that the laws are different in Philly compared to surrounding areas. In Philadelphia, it is illegal to open carry without a license, meaning that what is perfectly legal in the rest of the state and here in West Chester could land you in jail in Philly.
Do I Need to Register My Firearms in West Chester?
Under the National Firearms Act, federal law requires certain firearms to be registered. This is typically required for short-barrel shotguns, machine guns, and silenced weapons, which are illegal under Pennsylvania law in the first place. If you have any questions about registration requirements for your situation, work with a lawyer to understand your personal requirements and what to do if you have already violated these laws in error.
Otherwise, Pennsylvania does not require gun registration, though gun sales are entered in a statewide database.
Call Our Gun Crime Lawyers in West Chester, PA Today
For a free case evaluation, call Kenny, Burns & McGill’s gun crimes lawyers at (215) 423-5500 today.
