Firearm Prohibitions and Penalties in Pennsylvania
In the United States, federal law outlines a baseline national standard regarding someone’s eligibility to acquire and possess firearms. Also, each state has their own set of guidelines regarding firearms and the proper channels to go through in order to obtain the correct licenses and permits. Here at Sutton & Lovette, we will walk you through the prohibitions and criminal charges you could face for disregarding them. Keep reading to find out more!
Firearm Prohibitions in Pennsylvania
Federal law generally prohibits people from purchasing or possessing firearms if they have previously been convicted of a felony, some type of domestic violence misdemeanor, or if they are subject to a court order related to domestic violence or a serious mental condition. Federal law, however, is not a catch all. Sometimes, individuals who have presented risk factors are still able to acquire and possess firearms. Most states have their own laws that provide their own prohibitions and guidelines to firearm sales and possessions. Pennsylvania law is no exception and, although there are limited exceptions, states that no person shall possess a firearm if they have been convicted of the following:
Possessing, using, making, repairing, selling, or otherwise dealing in any “offensive weapon,” including machine guns, sawed-off shotguns, firearms with a silencer, and stun guns
An offense relating to organized crime
Possessing a weapon on school property
Murder
Voluntary/involuntary manslaughter involving reckless use of a firearm
Aggravated assault or assault by a prisoner
Stalking
Kidnapping or unlawful restraint
Rape, involuntary intercourse, or aggravated indecent assault
Luring a child into a motor vehicle
Arson
Causing or risking catastrophe
Burglary or criminal trespass (at the level of second degree felony or higher)
Robbery or robbery of a motor vehicle
Felony theft or felony extortion accompanied by threats of violence (if it is the second conviction for said felony) or felony receiving stolen property
Impersonating a law enforcement officer
Intimidation of, or retaliation against, a witness or a victim
Escape from “official detention”
Possession of weapons or implements for escape from a detention facility, correctional institution or mental hospital
Riot
Paramilitary training
Possession of a firearm by a minor or corruption of minors
An offense involving “facsimile weapons of mass destruction”
Unlawful sale or lease of weapons or explosives
Pennsylvania law also usually prohibits the following people from possessing a firearm:
A fugitive from justice
A person who has been convicted of an offense under The Controlled Substance, Drug, Device and Cosmetic Act
A person who has been adjudicated as mentally incompetent or involuntarily committed to a mental institution
An undocumented immigrant
A person adjudicated delinquent under federal or state law as a result of conduct which, if committed by an adult, would constitute specified offenses under Pennsylvania law for a period of 15 years or until the person is age 30
A person who is the subject of an active protection from abuse order that provides for the relinquishment of firearms
A person who is prohibited by federal law from possessing or acquiring a firearm because of a conviction for a misdemeanor crime of domestic violence
A person who was within the previous five years convicted or released from confinement or supervision following a conviction (whichever is later) for illegally failing to relinquish firearms in violation of a domestic-violence related protection order
A person who has been convicted of driving under the influence on three or more separate occasions within a five-year period is prohibited from purchasing but not possessing a firearm
Exceptions to the Rule
The law in Pennsylvania allows persons who are prohibited from possessing firearms by virtue of a criminal conviction to apply to the court of common pleas where the principal residence of the applicant is situated for relief from the firearm prohibition. In other words, those who are not allowed to possess a firearm by law can apply to be an exception to the rule. If 10 years have passed since the applicant’s most recent conviction, the court in that county must grant the relief. Someone who was adjudicated incompetent or involuntarily committed to a mental institution can do the same thing and apply for relief from disability. In this case, the hearing must be closed. The court can grant this relief if they deem it appropriate.
However, federal law still considers a person to be prohibited from purchasing and possessing firearms even if their state law restores their eligibility. The only way to get around this is for the person to have had all of their civil rights restored, not just their firearm eligibility.
Penalties for Carrying a Gun Without a Permit
In order to carry a gun in Pennsylvania, you are required to have a license, be at least 21 years of age, and not be prohibited by any of the circumstances listed in above. But, what is the penalty if you disregard these laws and carry a firearm without the correct permit?
If you do this in Pennsylvania, it is a criminal charge. The charge is a 1st degree misdemeanor or a 3rd degree felony, If the crime is classified as a misdemeanor, you could face 2.5 to 5 years in jail and a fine of up to $10,000. If classified as a felony, you could face 3.5 to 7 years in prison and a fine of up to $15,000.
You will be charged with a 1st degree misdemeanor for:
Carrying a concealed firearm in your car or on your person without the correct license AND
You didn’t commit any other criminal offenses AND
You are able to obtain a license
Although misdemeanor charges are lesser than felony charges, they are serious enough to leave you with a criminal record. On the other hand, charges for carrying a gun are classified as a 3rd degree felony if you:
Are caught with a concealed firearm in your car or on your person without the correct license AND
You’re not eligible for a firearm permit OR
You’ve committed another criminal offense while carrying the concealed firearm
Get Legal Representation with Sutton & Lovette
If you are convicted of any of these charges, the first step is to consult an experienced criminal lawyer who can analyze the evidence presented against you and prepare your defense. The attorneys at Sutton and Lovette Law Offices can put the odds back in your favor. We can put our experience and expertise to work for you. Contact us today by calling us at (814) 471-7702 or send us an email at suttonandlovette@gmail.com!
