Under the Second Amendment to the United States Constitution, every citizen has the right to own, and with special permission, carry a firearm.  Of course, any responsible gun owner knows that firearms are only as safe as the person handling the weapon.  Certainly, when guns fall into the wrong hands, the consequences can be deadly.  If you are accused of a gun crime charge in Pittsburgh or Pennsylvania, the government will certainly be treating the charges as serious as the results of irresponsible firearm use.  For this reason, you should consult an experienced Pittsburgh criminal lawyer as soon as possible to explore your options in defending against a gun charge.

The two most charged firearm offenses in Pittsburgh are Carrying a Firearm Concealed Without a License and Person Not to Possess a Firearm.  Less often charged gun crimes are 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 lawyer, I know that most of these offenses constitute felonies, and the punishment can be harsh for a violation.

Before I can get into detail about the specific offenses, we must first be clear about what the law means by the word “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.  According to 18 Pa.C.S.A. §6102, the term “Firearm” means “[a]ny pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.”  Now that we have sufficiently defined “Firearm,” lets move on to the specific offenses.

Schedule an appointment now with Pittsburgh Criminal Lawyer 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 states from regulating weaponry for public safety.  Therefore, the law mandates that it is illegal to carry a firearm concealed without a license.  The moment that you conceal a gun on your person or transport it in your car (there are exceptions to this rule) and you have not obtained 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 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:

1. prohibited offensive weapons
2. corrupt organizations
3. possession of weapon on school property
4. murder
5. voluntary manslaughter
6. involuntary manslaughter – “if the offense is based on the reckless use of a firearm”
7. aggravated assault
8. assault by life prisoner
9. assault by prisoner
10. stalking – “if the offense relates to stalking”
11. kidnapping
12. unlawful restraint
13. luring a child into a motor vehicle
14. rape
15. involuntary deviate sexual intercourse
16. aggravated indecent assault
17. arson and related offenses
18. causing or risking catastrophe
19. burglary
20. criminal trespass – “if the offense is graded a felony of the second degree or higher”
21. robbery
22. robbery of motor vehicle
23. theft by unlawful taking or disposition – “upon conviction of the second felony offense”
24. theft by extortion – “when the offense is accompanied by threats of violence”
25. receiving stolen property – “upon conviction of the second felony offense”
26. impersonating a public servant – “if the person is impersonating a law enforcement officer”
27. intimidation of witnesses or victims
28. retaliation against witness or victim
29. escape
30. weapons or implements of escape
31. riot
32. prohibiting of paramilitary training
33. firearm by minor
34. corruption of minors
35. sale or lease of weapons and explosives
36. “[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.”
37. weapons of mass destruction, and
38. 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 lawyer cannot be overstated.

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 Lawyer 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.

Sincerely,

Michael V. Worgul

Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943