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Firearm Offenses in Pennsylvania
Under the Second Amendment to the United States Constitution, every citizen has the right to own a firearm. With special permission, most of us can obtain a permit to carry a concealed firearm. However, deadly consequences may result if guns fall into the wrong hands. A gun crime charge in Pittsburgh or Pennsylvania will be treated as seriously as the possible results of irresponsible firearm use. In fact, the DA’s office in Pittsburgh touts a policy of no deals for gun cases. For this reason, you should consult an experienced Pittsburgh Criminal Attorney as soon as possible to explore your options in defending against a gun charge.
The most charged firearm offenses in Pittsburgh are Carrying a Firearm Concealed Without a License and Person Not to Possess a Firearm. In more rare circumstances, you may face Persons to Whom Delivery Shall Not be Made, Illegal Sale or Transfer of a Firearm, and Altering or Obliterating Marks of Identification. As a seasoned Pittsburgh and Allegheny County criminal attorney, I know that most of these offenses constitute felonies, and the punishment will be harsh for a violation.
What is considered to be a Firearm?
A qualified Pennsylvania criminal lawyer will know that that there is a specific definition for firearm in the PA crimes code. If the item in your case does not fit that definition, your case can potentially be dismissed.
Pennsylvania law defines the term “Firearm” as any:
- Pistol or revolver with a barrel length less than 15 inches,
- Shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or
- Pistol, revolver, rifle or shotgun with an overall length of less than 26 inches.
Schedule an appointment now with Pittsburgh Criminal Attorney Michael V. Worgul, at (412) 475-9217 or 1-855-DUI-CRIM.
Carrying a Firearm Concealed Without a License
As I mentioned before, the United States Constitution guarantees the rights of the citizens to bear arms. But the best criminal attorneys in Pittsburgh know that this does not stop the government from maintaining public safety. As such, Pittsburgh and Pennsylvania laws require citizens to obtain a permit when concealing a firearm on their person or in a car. The moment that you conceal a gun on your person or transport it in your car (there are exceptions to this rule) without a permit to do so, you can be charged with illegally carrying a firearm.
Person Not to Possess a Firearm
The right to possess a gun is one of the easiest rights to lose in this country. Top Pennsylvania criminal attorneys know that, depending on your criminal history or psychological background, you may be ineligible to purchase a firearm. You may not even realize that you are ineligible and still be charged with these criminal offenses in Pennsylvania. If you have been convicted of any of the following, you are prohibited from possessing a firearm in Pennsylvania and most other states:
- prohibited offensive weapons
- corrupt organizations
- possession of weapon on school property
- murder
- voluntary manslaughter
- involuntary manslaughter – “if the offense is based on the reckless use of a firearm”
- aggravated assault
- assault by life prisoner
- assault by prisoner
- stalking – “if the offense relates to stalking”
- kidnapping
- unlawful restraint
- luring a child into a motor vehicle
- rape
- involuntary deviate sexual intercourse
- aggravated indecent assault
- arson and related offenses
- causing or risking catastrophe
- burglary
- criminal trespass – “if the offense is graded a felony of the second degree or higher”
- robbery
- robbery of motor vehicle
- theft by unlawful taking or disposition – “upon conviction of the second felony offense”
- theft by extortion – “when the offense is accompanied by threats of violence”
- receiving stolen property – “upon conviction of the second felony offense”
- impersonating a public servant – “if the person is impersonating a law enforcement officer”
- intimidation of witnesses or victims
- retaliation against witness or victim
- escape
- weapons or implements of escape
- riot
- prohibiting of paramilitary training
- firearm by minor
- corruption of minors
- sale or lease of weapons and explosives
- “[a]ny offense equivalent to any of the above-enumerated offenses under the prior laws of this Commonwealth, or any offense equivalent to any of the above enumerated offenses under the statutes of any other state or of the United States.”
- weapons of mass destruction, and
- facsimile weapons of mass destruction.
Again, there are exceptions to the rule, but absent an exception, the PA courts have treated this as a strict liability offense. Even first time offenders of this law are usually facing jail time. As such, the importance of a Pittsburgh Defense Attorney cannot be overstated.
I have been charged, what can I do?
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, Pittsburgh Criminal Attorney Michael V. Worgul, directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
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