If you’re facing firearms and weapons offenses in Pennsylvania, you’re probably wondering, “How serious are felony charges related to firearms?” The simple answer? Very serious. Felony firearms charges in Pennsylvania carry severe penalties, including long prison sentences, hefty fines, and a lifetime ban on owning or possessing firearms. These charges can disrupt your life entirely, but there are ways to fight back—and that’s where having an experienced criminal defense attorney comes in.
Let’s break down the key issues surrounding firearms and weapons offenses in Pennsylvania, so you know what you’re up against and how a good defense strategy can help.
Understanding Firearms Offenses in Pennsylvania
When it comes to firearms and weapons charges, Pennsylvania has some of the toughest laws in the country. While the Second Amendment grants the right to bear arms, it doesn’t mean you can carry a firearm without restrictions. Several statutes regulate who can possess a firearm, how they can carry it, and what happens if they violate the law.
Common Firearms Offenses
Here are some of the most common firearms offenses that can lead to felony charges:
- Unlawful possession of a firearm
- Illegal transfers of firearms
- Carrying a firearm without a license
- Possession of prohibited weapons
- Using a firearm during the commission of a crime
Each of these offenses comes with its own set of penalties and legal nuances, so let’s dive deeper into each one.
Unlawful Possession of a Firearm
Who Is Prohibited from Possessing Firearms?
You might be surprised at how easy it is to unknowingly fall into the category of people prohibited from owning or possessing a firearm. In Pennsylvania, individuals who fall into any of these categories cannot legally own a gun:
- Convicted felons
- Individuals with active protection from abuse (PFA) orders
- People with prior drug-related convictions
- Individuals previously committed to a mental institution
I once had a client—let’s call him Mark—who didn’t realize that a 10-year-old drug conviction meant he couldn’t legally buy a handgun. He found himself in deep trouble when he was pulled over, and the officer discovered the firearm during a routine traffic stop. Thankfully, we were able to challenge the legality of the search and reduce his charges.
Penalties for Unlawful Possession
If you’re caught with a firearm and you’re not legally allowed to have one, you could be facing felony charges. Depending on the specifics of your case, this can mean:
- A prison sentence of up to 7 years
- Fines of up to $15,000
- Permanent loss of firearm rights
Illegal Transfers of Firearms
An illegal transfer doesn’t just mean selling a gun on the black market. In Pennsylvania, even selling or giving a firearm to a friend without going through a licensed dealer can land you in legal hot water.
Private Sales and Straw Purchases
Private firearm sales must go through a licensed dealer, who performs a background check on the buyer. Failing to follow this process can lead to felony charges. Additionally, if someone purchases a firearm on behalf of another person (known as a straw purchase), both parties can face serious penalties.
Straw purchases are taken seriously by both state and federal authorities. If convicted, you could be looking at federal felony charges, which carry mandatory minimum prison sentences.
Case Example
I once represented a woman who bought a firearm for her boyfriend, who was prohibited from owning one due to a prior felony. She didn’t know that this simple act could result in a felony charge. By highlighting her lack of intent and negotiating with the prosecutor, we avoided a lengthy prison sentence.
Carrying a Firearm Without a License
In Pennsylvania, carrying a concealed firearm without a valid license is a felony offense. Open carry is generally allowed, but there are strict limitations.
Concealed Carry vs. Open Carry
- Concealed Carry: Requires a valid License to Carry Firearms (LTCF).
- Open Carry: Legal in most places without a license, but prohibited in Philadelphia unless you have an LTCF.
Carrying without a license can result in:
- A third-degree felony charge
- Up to 7 years in prison
- Fines of up to $15,000
Possession of Prohibited Weapons
Certain weapons are outright banned in Pennsylvania, and possession of them is considered a felony.
List of Prohibited Weapons
- Sawed-off shotguns
- Machine guns and fully automatic firearms
- Switchblades and brass knuckles
Penalties for Possession
If convicted, you could face felony charges, leading to significant prison time and fines. However, there are possible defenses, such as proving you didn’t know the weapon was prohibited or challenging the legality of the search that led to the discovery of the weapon.
Defenses to Firearms and Weapons Charges
Constitutional Challenges
Many firearms cases hinge on constitutional issues, particularly the Fourth Amendment’s protection against unlawful searches and seizures. If the police didn’t have a valid reason to search you or your vehicle, any evidence they found—including the firearm—may be suppressed.
Lack of Intent
In some cases, proving that you didn’t intend to commit a crime can be a strong defense. For example, if you were transporting a firearm for someone else and didn’t know it was illegal, your attorney could argue lack of intent.
Impact of a Felony Firearms Conviction
A felony conviction for firearms or weapons offenses can have long-lasting effects on your life beyond the criminal penalties.
Loss of Gun Ownership Rights
Once convicted of a felony, you lose the right to own or possess firearms for life, both under Pennsylvania law and federal law.
Employment and Housing Consequences
Many employers won’t hire someone with a felony conviction, especially if it involves firearms. Additionally, a felony record can make it difficult to find housing, obtain loans, or qualify for professional licenses.
How a Criminal Defense Attorney Can Help
If you’re facing felony firearms charges, your first step should be to contact an experienced criminal defense attorney. Here’s how we can help:
- Review the evidence and identify any weaknesses in the prosecution’s case.
- Challenge illegal searches and seizures to suppress evidence.
- Negotiate plea deals to reduce charges or sentencing.
- Represent you in court and fight for your rights every step of the way.
FAQs: Firearms and Weapons Charges in Pennsylvania
1. Can I legally carry a firearm without a license in Pennsylvania?
You can open carry in most parts of Pennsylvania without a license, but carrying a concealed firearm requires a License to Carry Firearms (LTCF). Open carry is not allowed in Philadelphia without a license.
2. What is a straw purchase?
A straw purchase occurs when someone buys a firearm on behalf of another person who cannot legally own one. This is illegal and can result in felony charges.
3. How can I restore my firearm rights after a felony conviction?
Restoring firearm rights after a felony conviction is extremely difficult and typically requires a pardon from the governor or a federal relief of disabilities, which is rare.
4. What are the penalties for using a firearm during a crime?
Using a firearm during the commission of a crime can result in mandatory minimum sentences and sentencing enhancements, depending on the nature of the offense.
Conclusion: Facing Firearms Charges? You Need an Experienced Attorney
Firearms and weapons offenses are serious crimes in Pennsylvania, often carrying severe penalties that can change your life forever. But with the right legal strategy, it’s possible to fight these charges and protect your future.
If you’re dealing with firearms felony charges, don’t wait. Contact our office today for a consultation—we’re here to help you navigate the legal system and fight for your rights.
David Wenger is a dedicated criminal defense attorney with extensive experience handling firearms and weapons offenses. Practicing in Mercer, Lawrence, Beaver, and Butler counties in Pennsylvania, David has a reputation for providing aggressive and thoughtful representation for clients facing serious felony charges. Whether navigating complex constitutional issues or negotiating favorable outcomes, David is committed to protecting the rights of individuals throughout Pennsylvania.
