Not all people who are arrested were waving a weapon or committing a violent crime at the time of the arrest. However, if you are convicted of a crime, including weapons offenses such as carrying a concealed weapon without a permit, it may affect your ability to own a gun, whether or not a gun was involved in the crime you are accused of committing.
Protecting your rights is our main objective, and that includes your right to bear arms. Our attorneys routinely handle all types of weapons offenses. They can advise you of the consequences of being convicted of any crime, including how it may affect your right to own a gun.
You may forfeit that right if:
- You are convicted of a violent crime.
- You are arrested for carrying a concealed weapon without a permit (which includes having a gun in your vehicle).
- You are charged with a felony.
- You have had a protection from abuse (PFA) order levied against you.
- You have been involuntarily committed.
- You have been convicted of “enumerated offenses” under the law, including misdemeanor offenses.
- You have prior weapons offenses.
This can affect you in many ways. If you are a hunter, you will not be able to use a gun. If you have a job that requires the use of a weapon, such as security guard, you will no longer be eligible for that position. Our attorneys may be able to help you get your firearms rights restored if they have been forfeited, and we can defend those rights if you are currently accused of a crime.
Protecting Your Rights And Your Freedom with Weapons Offenses
We examine all of the evidence the police have against you, regardless of the seriousness of the crime. A conviction may affect your right to bear arms. We are honest about the charges you are facing and how they will affect your life, not just your right to carry a weapon. We look for all possible defenses in your case, and we work diligently to obtain the best outcome.
Criminal Lawyers Handling Weapons Offenses
If you have been arrested or charged with a weapon, firearm or gun violation in Pennsylvania, you face very serious penalties upon a conviction, including prison time and hefty fines. In order to fight for your freedom, it is important that you understand your rights and how to best defend them.
At our criminal defense law firm we defend clients who have been charged with any of the following gun crimes or weapons violations:
• Possession of an Illegal Weapon
• Possession of an Unlicensed Weapon
• Use or Intended Use of a Firearm or Weapon During Criminal Activity
• Carrying a Concealed Weapon
• Assault with a Deadly Weapon
• Illegal Sale of Guns or Firearms
• Other Weapons Violations
Illegal Possession Of A Gun Or Firearm
If you have been convicted of a felony, you are prohibited from carrying a gun. You have 60 days after you have been convicted of an offense to transfer or sell your weapons. It is a felony if you are convicted of Possession of a Prohibited Firearm.
If you are under a Protection from Abuse (PFA) Order, you may also be prohibited from owning a firearm. A violation of a PFA is a first degree misdemeanor.
Possession Of An Illegal Weapon Or Firearm
It is a misdemeanor of the first degree for a person to make repairs, sell, use, deal in or possess an illegal weapon or firearm unless you are a law enforcement officer or are otherwise licensed or permitted to carry one. A first degree misdemeanor is punishable by up to five years of prison time and a $10,000 fine.
An offensive weapon includes any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches or firearm made specially or adapted for concealment or silencing; any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument of which the blade is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise; any stud gun, stun baton, Taser or other electronic or electric weapon or that could inflict serious bodily injury and which serves no common lawful purpose.
You cannot argue self-defense in an aggravated assault case if you are charged with using any of these offensive weapons.
Intending To Use A Firearm During Criminal Activity
Under Commonwealth of Pennsylvania laws it is a first degree misdemeanor to intend to use a firearm or weapon (for example a switchblade knife) for a criminal activity such as a robbery or break-in. This law still applies even if the gun is not loaded and/or you never actually use your weapon. A first degree misdemeanor is punishable by up to five years in prison and a $10,000 fine.
Carrying A Firearm Without A License
While you can hide a firearm inside your home or business, it is illegal to carry a firearm inside your vehicle, leg holster or purse or any other concealed place unless you hold a valid license.
It is a third degree felony to carry a firearm without a valid license or without a specific permit to carry one. A third degree felony is punishable by up to seven years in prison and a $15,000 fine.
If you would have been eligible for a license and have a clean record, it is still a first-degree misdemeanor, punishable by up to five years in prison and a $10,000 fine.
Illegal Sale Of Firearms
People who sell firearms have many laws to abide by when running their business.. Not following proper procedure can have risky and detrimental consequences.
If a gun shop owner sells a weapon to a person without following the 48-hour waiting period, they will face a second degree misdemeanor. Selling a weapon(s) to a minor is a first degree misdemeanor.
Weapons On School Grounds
Any gun or weapon is not allowed to be on school property. This includes both public and private elementary schools and secondary schools licensed by the Department of Education and elementary and secondary parochial schools.
Weapons include: firearms, shot guns, rifles, knives, nunchuckas or any tool or instrument capable of cutting or inflicting serious bodily injury.
It is a first degree misdemeanor to violate this law, subject to up to five years of prison and a $10,000 fine.
How A Reading Criminal Defense Attorney Can Help with Weapons Offenses
As your weapons charges defense lawyers we will closely examine every detail of your case in order to clearly explain your options and fight for the best possible outcome. We are aggressive criminal defense attorneys and can help prove your innocence and have your charges dropped or your sentencing reduced. If needed, we will investigate important factors in your case, such as whether the police had probable cause to search you and whether the gun was actually yours.
Contact Our Lawyers Handling Weapons Offenses
We are here for you when you need us. Call us at (610) 685-8000 or contact us online to schedule your free 30-minute initial consultation. Let our experienced attorneys fight for you.