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Weapon Crimes

Firearm Offenses

The United States and Pennsylvania constitutions both grant you the right to bear arms, which means that you can buy, receive, own, carry, give, and sell firearms such as handguns, shotguns, and rifles. When you own a gun, you must follow several state and federal regulations.

There could be serious criminal charges brought against you if a firearms or weapons restriction is violated. With years of experience defending clients facing firearms and weapons charges, The Law Offices of Mark Much has routinely handled the following matters:

types of Firearm Offenses

  • Person not to Possess a Firearm – Felony of the first or second degree, occurs when someone has been prohibited from possessing a firearm because of a previous, serious conviction like murder, rape, drug delivery, aggravated assault, or other weapons offense. This charge, alone, with a limited prior history, can carry significant prison time.

     

  • Carrying a Firearm without a License – Felony or Misdemeanor occurs when someone carries a firearm, concealed on their person or within a motor vehicle and does not possess a valid Concealed Carry Permit from the local Sheriff’s Department. This charge is not as serious as “Person not to Possess,” but the guidelines still recommend a county jail sentence, even for first-time offenders.

     

  • Firearm Theft/ “Straw Purchase” – Felony of the second degree, occurs when someone steals, receives a stolen firearm, or purchases a firearm for someone who could not purchase one themselves. Pennsylvania takes this crime very seriously. 

If a “straw purchase”- buying a gun for another person, knowing they cannot buy one for themselves – can be proven and more than one gun was involved there is a five-year mandatory minimum sentence. 

  • Possession of Firearm with Altered Serial Numbers – Felony of the second degree, occurs when someone is in possession of a firearm where the factory serial number has been obliterated or altered so that the original number cannot be read.

     

  • Possession of Instrument of Crime – Misdemeanor of the first degree, occurs when someone is in possession of a firearm, weapon, or other instruments that could be used to cause serious bodily injury and that person possesses the item with the intent to use it in a crime.

     

  • Possession of Weapon on School Property – Misdemeanor of the first degree, occurs when someone, knowingly, possesses a weapon on the property of a school. 

 

Penalties for Firearm Crimes

The following statutory penalties may apply if you are convicted of a crime involving a firearm or another weapon:

  •  First-degree felony– Imprisonment for up to 20 years and a fine up to $25,000.
  • Second-degree felony– Imprisonment for up to 10 years and a fine up to $25,000.
  • Third-degree felony– Imprisonment for up to seven years and a fine up to $15,000.
  • First-degree misdemeanor– Imprisonment for up to five years and a fine up to $10,000.
  • Second-degree misdemeanor– Imprisonment for up to two years and a fine up to $5,000.
  • Third-degree misdemeanor– Imprisonment for up to one year and a fine of up to $2,000.

Along with or instead of incarceration, you could be subjected to strict probation. Other penalties include community service, drug, and alcohol counseling, and paying restitution. As a result, it is highly recommended that you consult with a firearms lawyer as soon as possible. A minimum penalty or acquittal are the best methods for avoiding an unnecessarily harsh punishment.

Let Our Expert Firearm Attoneys Help You

In addition to the traditional criminal sanctions of jail time, supervision, and fines, a conviction for any of the above charges will disqualify you from ever purchasing or possessing a firearm, legally, in the Commonwealth of Pennsylvania. This is a prohibition that will affect you for the rest of your life. It is crucial that you hire the best criminal attorney to protect your constitutional right to own a firearm. Call us today at 610-565-9750 to set up a free consultation. 

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