The state of Pennsylvania has some of the toughest firearm laws in the U.S. Individuals convicted of a crime while using a gun in Pennsylvania are mandated to serve 5 years of jail time in addition to the sentence of the crime itself. These serious penalties can affect your reputation, employment opportunities, and future rights to own a gun. Fortunately, a gun charge does not have to mean a conviction. If you are facing gun charges in Pittsburgh, it is important to consult an experienced lawyer to help defend your rights and protect your future. Read on to learn the answers to some of the most frequently asked questions about gun charges in Pennsylvania. |
What Are the Different Types of Gun Violations?
There are a variety of different circumstances in which an individual can be charged with a gun violation. The following are some of the most common types of gun violations in Pennsylvania:
• Possession of an illegal weapon or firearm
• Possession of a concealed firearm without a license
• Possession of a firearm for people who are not allowed to possess a firearm
• Illegal sale of firearms
• Theft of a firearm
• Possession of an unlicensed weapon while being charged with another crime
• Intent to use a firearm during criminal activity
• Possession of weapons on school property What Are the Penalties for Gun Violations?
The penalties for gun violations in Pennsylvania can vary depending upon the type and severity of the crime and the criminal history of the offender. The following are some of the most common penalties for gun violations in Pennsylvania:
• Possession of an illegal weapon or firearm: Unless you are a law enforcement officer or have a valid permit, it is considered a first-degree misdemeanor to possess an illegal weapon or firearm. This violation may result in up to 5 years in prison and a $10,000 fine.
• Possession of a concealed firearm without a license: It is illegal to have a concealed weapon in any place other than your home or business without a valid license. A first-degree misdemeanor conviction could result in up to 5 years in prison and a $10,000 fine. A third degree felony conviction could result in 7 years in prison and a $15,000 fine.
• Possession of a firearm for people who are not allowed to possess a firearm: Certain individuals including convicted criminals, undocumented immigrants, individuals committed to a mental institution, and individuals under restraining orders are not allowed to own a firearm. Violation of this law is considered a second-degree felony, punishable by up to 10 years in prison and a $25,000 fine.
• Illegal sale of firearms: Individuals who sell guns to minors will face a first-degree misdemeanor. Individuals who do not follow the 48-hour waiting period before selling a gun will face a second-degree misdemeanor.
• Intent to use a firearm during criminal activity: It is considered a first-degree misdemeanor to intend to use a firearm or weapon for a criminal activity. This law applies even if the gun is not loaded or the weapon is not actually used. This violation is punishable by up to 5 years in prison and a $10,000 fine.
• Possession of weapons on a school property: Possession of any type of gun or weapon on a school property is considered a first-degree misdemeanor. Violation of this law is punishable by up to 5 years in prison and a $10,000 fine.
What Are the Possible Defenses for Gun Violations?
Even though Pennsylvania has tough laws against gun violations, experienced criminal lawyers have several ways to fight the charges. The following are some possible defenses for gun charges in Pittsburgh:
• Not enough evidence to prove the gun was in the accused possession during the crime
• Improper procedure by the arresting officer
• Illegal search by police
Rosselli & Abramovitz LLC Contact us at (412) 281-8008 in Pittsburgh, PA, for quality representation from our criminal defense attorneys. Visit our page on http://www.thecriminaldefensefirmpgh.com/ to see our page today!
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