People on probation are prohibited from possessing a firearm, and dire consequences may result if they have one. If you find yourself facing such consequences, contact our legal team now.
If you are charged for having a firearm while on probation, you may face penalties related to the new firearm offense and penalties for the probation violation. People on probation are typically prohibited from possessing firearms. Even if no crime is committed with the gun, you may end up having your probation terms altered to be more restrictive, or your probation could be entirely revoked.
For a free, private legal analysis to start your case, call our West Chester, PA lawyers for firearm possession and gun crimes immediately at Kenny, Burns & McGill at (215) 423-5500.
New Criminal Penalties for Possessing a Firearm While on Probation in Pennsylvania
Having a gun when you are not permitted to do so is a crime in itself, even if you are not on probation. As such, you may have to deal with new criminal charges for the illegal possession of a firearm.
Penalties for Unlawful Possession of a Firearm
It is a crime in Pennsylvania to possess a firearm if you are someone legally prohibited from having one. Many people are prohibited because they were previously convicted of a certain crime or are bound by a protection order that requires them to relinquish any firearms.
If you are on probation because you were convicted of an offense that disqualifies you from possessing a firearm, you may be charged with second-degree felony. If convicted, you may face up to 10 years in prison.
If you are not sure whether your previous conviction disqualifies you from having a gun, ask a lawyer for help immediately. If you are not prohibited from possessing a gun, you should not be convicted of this new offense.
Failure to Relinquish a Firearm
Many people on probation legally obtained firearms before being convicted of a crime and sentenced to probation. Once you are prohibited from having a firearm, you must get rid of any that you own, even if you obtained them legally and have a gun license.
If someone is prohibited from possessing a firearm after a criminal conviction but fails to properly relinquish their firearms, they may be charged with a second-degree misdemeanor. If convicted, they face up to 2 years in jail.
How Can You Fight the Charges?
You may be able to fight the charges if you can prove that you are not actually disqualified from owning or possessing a firearm. Many people were prohibited from having a firearm until their rights were restored. If you have proof of restoration, tell your lawyer immediately.
Penalties for Probation Violations Involving Firearms
Possessing a firearm while prohibited may result in new criminal charges. However, the consequences do not end there. Having a firearm while you are on probation is almost always a probation violation, and you may encounter even more penalties.
Technical Violations
Our Bensalem, PA lawyers for firearm possession and gun crimes must consider the nature of the violation before we can fully understand the penalties you might face. A technical violation is an act that violates specific probation terms and conditions.
In almost all probation cases, defendants are ordered by the court to refrain from possessing firearms. Simply having one is a probation violation, even if the gun is not actually used in a crime.
Substantive Violations
A substantive violation, also called a direct violation, occurs when a person on probation commits a completely new crime. If a person is on probation in relation to a conviction that disqualified them from having a firearm, then the illegal possession of the gun is considered a new crime.
Even if your probation terms do not specifically mention guns – although they probably do – having a firearm may still be considered a substantive violation, and you will face penalties.
Modification of Probation Terms
Depending on your specific situation, having a firearm in violation of your probation may lead to the court altering your probation terms. Usually, this means the terms become more restrictive.
Your probation may become longer, and you may be under supervision for much longer than you first thought. Not only that, but the court may impose harsher curfews, travel restrictions, and generally restrict other privileges or freedoms you enjoy. You may also be required to check in more often with your probation officer.
Probation Revocation
In some cases, probation may be revoked. This means the defendant must serve the remainder of their sentence in prison or jail, rather than on probation at home. Before the court can revoke your probation, there must be a formal hearing, and the court must find enough evidence to establish that you willfully violated your probation.
FAQs About Penalties for Having a Firearm While on Probation in Pennsylvania
Can You Be Arrested for Having a Gun While on Probation in Pennsylvania?
Yes. If you are on probation due to a conviction that disqualified you from being able to have a gun, you may be arrested for a new crime, illegal possession of a firearm. Also, having a gun while on probation is a serious probation violation that would lead to arrest, even if you were not a person prohibited from having a gun.
Can You Be Charged for Having a Gun While on Probation if the Gun is Obtained Legally?
Yes. Many people obtain firearms legally before they are convicted of a crime. Depending on the nature of the offense, you may be required to relinquish all your firearms, even if you bought them legally. People sentenced to probation also usually have to relinquish their firearms.
Can You Keep Your Old Firearm While Serving Probation in Pennsylvania?
Generally, no. Most probation terms prohibit defendants from possessing firearms, even if they were legally purchased and the defendant previously had a valid gun license. After you are convicted, you should be given a certain period of time to make arrangements to relinquish your firearms.
How is Your Probation Affected by New Gun Crime Charges?
If you are charged with a new crime for illegal possession of a firearm while on probation, the court may alter your probation terms to be even more restrictive, and you may be on probation for longer. Alternatively, the court might revoke your probation entirely, and you would have to serve your sentence in jail or prison rather than at home.
Ask Our Pennsylvania Attorneys for Firearm Possession and Gun Crimes for Help
For a free, private legal analysis to start your case, call our Allentown, PA lawyers for firearm possession and gun crimes immediately at Kenny, Burns & McGill at (215) 423-5500.
