When it comes to criminal offenses in Pennsylvania, firearms-related charges are some of the most serious. Whether you’re accused of illegally possessing a firearm, carrying a firearm without a license, or being involved in a firearm-related crime, the penalties can be severe. If you are facing firearms charges, it’s essential to understand the criminal statutes governing these offenses, the penalties for conviction, and the ways in which you can mount a defense.

At Sutton and Lovette Law Office, we specialize in providing defense services for individuals accused of firearms-related crimes. Our experienced attorneys can guide you through the complexities of Pennsylvania’s firearms laws, explore your options for defense, and fight to ensure that your rights are protected throughout the process.

In this blog post, we’ll break down Pennsylvania’s firearms crimes code, including illegal possession and the grading of offenses, outline the potential penalties associated with conviction, and explore the legal defenses available to you. By the end, you’ll understand the gravity of firearms charges and why having skilled legal representation is critical in fighting these charges.

Understanding Firearms Charges in Pennsylvania: The Crimes Code

In Pennsylvania, the possession, sale, transfer, and use of firearms are governed by a combination of state laws, local ordinances, and federal regulations. When facing a firearms charge, it’s important to understand the specific laws involved and how they apply to your situation.

The Pennsylvania Crimes Code addresses several types of firearms offenses, including:

1. Illegal Possession of Firearms

Illegal possession of firearms is one of the most common charges under Pennsylvania’s firearms laws. The laws are designed to prevent certain individuals from owning or possessing guns based on their criminal history or other disqualifying factors.

• Key aspects of illegal possession:
• • Prohibited persons: Individuals who are prohibited from possessing firearms include convicted felons, individuals with certain misdemeanor convictions, those who are subject to Protection from Abuse (PFA) orders, people with restraining orders, or those who are adjudicated as mentally incompetent.
  • Firearm possession without a license: If you do not have a valid license to carry a concealed firearm or a permit for a firearm, you could be charged with illegal possession.
  • Firearm possession by minors: It is illegal for individuals under 18 years old to possess firearms unless they meet certain exceptions (e.g., hunting or with parental consent).

2. Carrying a Firearm Without a License

In Pennsylvania, individuals must have a valid license to carry a firearm concealed on their person. Failure to obtain this license can result in serious criminal penalties.

• Key aspects of carrying a firearm without a license:
  • License to Carry Firearm: A person must apply for a concealed carry permit, also known as a License to Carry Firearms (LTCF), through the county sheriff’s office.
  • Unlicensed concealed carry: Carrying a concealed firearm without an LTCF is a criminal offense under Pennsylvania law and carries significant penalties.
  • Carrying in restricted areas: Even with an LTCF, there are restrictions on carrying firearms in certain public places, such as government buildings, schools, and airports.

3. Possession of Firearm with an Altered Serial Number

It is illegal to possess a firearm with an altered, obliterated, or removed serial number in Pennsylvania. This type of charge typically arises when a firearm has been tampered with, often in connection with criminal activity.

• Key aspects of this offense:
• • Individuals caught with firearms that have altered serial numbers can face serious charges, including felony charges.
  • This offense is particularly associated with the illegal trafficking or possession of firearms used in the commission of crimes.

4. Possession of Firearm by a Prohibited Person

Pennsylvania law specifically prohibits certain individuals from possessing firearms. If you are found to be in possession of a firearm and fall under one of these categories, you could face criminal charges.

• Categories of prohibited persons:
• • Convicted felons
  • People with a history of domestic violence or protection orders
  • Individuals with certain mental health conditions or involuntary commitments
  • Individuals who have been dishonorably discharged from the military

Firearm Offenses Involving Drug Crimes

Firearms and drug charges are often linked together. For example, if you are caught carrying a firearm while committing a drug crime, you can face both firearms and drug charges.

Grading of Firearms Offenses in Pennsylvania

The severity of firearms charges depends on the nature of the offense, your criminal history, and other factors. Pennsylvania uses a grading system to determine the level of a criminal offense, which ultimately impacts the penalties you may face.

• Misdemeanors: These are generally less severe offenses and carry lighter penalties. For instance, carrying a firearm without a license could be charged as a misdemeanor depending on the circumstances.
• Felonies: More serious offenses are classified as felonies. Felony charges, such as possession of a firearm by a prohibited person or possessing a firearm with an altered serial number, carry significantly harsher penalties, including longer prison sentences and larger fines.

Firearms Felony Offenses:

• First-degree felony: The most serious type of firearms offense, carrying a maximum sentence of 20 years in prison.
• Second-degree felony: Less severe than first-degree, but still a felony, carrying a maximum sentence of 10 years.
• Third-degree felony: For offenses such as possession of a firearm by a prohibited person, this carries a maximum sentence of 7 years.

Firearms Misdemeanor Offenses:

• First-degree misdemeanor: Carrying a firearm without a license may be charged as a misdemeanor, carrying up to 5 years in prison.
• Second-degree misdemeanor: The most common type of firearm misdemeanor, it carries up to 2 years in prison.
• Third-degree misdemeanor: The least severe category, which could include offenses such as possessing a firearm in a public place without the necessary permit.

Potential Penalties for Firearms Charges in Pennsylvania

The penalties for firearms charges in Pennsylvania vary widely based on the grading of the offense and other circumstances. Convictions for firearms-related crimes can result in substantial prison time, hefty fines, and long-lasting consequences.

Common Penalties:

• Incarceration: Depending on the charge, the individual could face time in county jail or state prison. Felony convictions often carry lengthy prison sentences, while misdemeanor convictions carry shorter sentences.
• Fines: Firearms convictions often come with significant fines, ranging from hundreds to thousands of dollars, depending on the severity of the charge.
• Probation: In some cases, an individual may receive probation in lieu of jail time, or as part of a sentence. Violating probation could lead to additional legal consequences.
• Loss of firearm rights: A felony firearms conviction in Pennsylvania may result in a lifetime ban on owning or possessing firearms.

Defenses to Firearms Charges in Pennsylvania

A conviction for a firearms offense can have devastating consequences, but there are several defense strategies that can be used to challenge these charges. At Sutton and Lovette Law Office, we know how to examine the facts of your case and explore all possible defenses to achieve the best outcome.

1. Illegal Search and Seizure

If law enforcement officers violated your rights by conducting an illegal search or seizure (such as without probable cause or a valid warrant), any evidence they collected—including firearms—may be inadmissible in court. This defense is often critical in challenging firearms charges.

2. Lack of Knowledge or Ownership

In some cases, an individual may be charged with possessing a firearm but may not have known the firearm was present or under their control. If you can demonstrate that you were unaware of the weapon or did not have possession of it, this may be a viable defense.

3. Self-Defense

If the firearm was possessed and used in a situation where you were acting in self-defense, this can be a legitimate defense. In Pennsylvania, self-defense laws allow individuals to use force when they reasonably believe they are in imminent danger of harm.

4. Mistaken Identity

In some cases, firearms charges may be based on mistaken identity. If the firearm was found on someone else or in a situation where you were incorrectly linked to it, challenging the accuracy of the identification or evidence can help clear your name.

5. Involuntary Possession

If you did not intentionally possess the firearm, or if it was left in your possession by another person without your knowledge, you may be able to argue involuntary possession. This defense is most effective when the facts suggest the possession was not willful.

Why You Need Legal Representation for Firearms Charges

Firearms charges are serious and carry significant consequences. The stakes are high when facing such allegations, and defending against them requires an in-depth understanding of the law, experience in the courtroom, and a strategic approach to every case. At Sutton and Lovette Law Office, we have the skills and expertise to effectively defend against firearms charges in Pennsylvania.

Hiring an experienced attorney ensures that:

• Your rights are protected at every step.
• You receive a comprehensive review of the evidence and legal arguments.
• Your case is handled by experts familiar with Pennsylvania firearms law.
• You have an advocate fighting for the best possible outcome in your case.

Conclusion: Lawyer Up with Sutton and Lovette Law Office

If you are facing firearms charges in Pennsylvania, don’t leave your future to chance. A conviction can affect your freedom, rights, and livelihood for years to come. At Sutton and Lovette Law Office, we’re dedicated to defending your rights and securing the best possible outcome for your case. Whether you’re charged with illegal possession, carrying without a license, or any other firearms-related crime, we are here to help you navigate the legal process and fight for your future.

Remember, when it comes to firearms charges, the stakes are high—lawyer up and contact Sutton and Lovette Law Office today for the defense you deserve (814) 471- 7702.