If you're stopped by police in Pennsylvania and they discover a firearm (legal or not), what happens next could lead to felony charges, jail time, and the loss of your gun rights. Here’s what you need to know now.
Why Gun Charges Often Start with a Traffic Stop in Pennsylvania
In Pennsylvania, many gun-related arrests don’t begin with a weapons investigation. They often start with something as simple as a broken taillight, a missed turn signal, or a routine DUI stop. If law enforcement finds a gun in your vehicle during that stop and you don’t have the proper licensing, or you’re otherwise prohibited from possessing it, you could find yourself facing serious criminal charges.
Even legal gun owners can find themselves in deep legal trouble if they fail to follow Pennsylvania’s firearm transport laws.
Common Firearm Offenses After a Traffic Stop
Depending on the circumstances, you may be charged with:
- Carrying a Firearm Without a License (18 Pa. C.S. § 6106)
- Persons Not to Possess Firearms (18 Pa. C.S. § 6105)
- Possession of a Firearm with an Altered or Obliterated Serial Number
- Firearm Possession During a Drug Offense or DUI
These are not minor violations. They are often felony-level offenses that can carry years of prison time, mandatory minimum sentences, and a lifetime loss of Second Amendment rights if convicted.
Important: You do not need to be using or brandishing the firearm to be charged. Simple possession, even if it’s locked in the glove box, can result in arrest if you don’t meet all legal requirements.
What Police Look for During a Stop
If an officer suspects a weapon is present in the vehicle, they may:
- Ask about weapons immediately
- Check for any signs of criminal history or outstanding warrants
- Use the “plain view” rule if a firearm is visible from outside
- Detain the occupants while conducting a probable cause search
You are not required to consent to a vehicle search. That being said, under certain circumstances, such as probable cause or inventory searches during a tow, officers may still proceed.
Legal Penalties for Gun Possession Offenses in PA
If you're caught with a firearm during a traffic stop in Pennsylvania, the penalties you face will depend on the nature of the charge, your criminal history, and other surrounding circumstances. Here’s how these offenses are typically prosecuted:
Carrying Without a License
This offense is usually charged as a third-degree felony, which carries a penalty of up to seven years in prison and a $15,000 fine.
In some cases, under 18 Pa. C.S. § 6106(a.2), if you committed no other criminal offense during the incident and are otherwise eligible to possess a license, the charge may be reduced to a first-degree misdemeanor. That lowers the penalty to up to five years in prison and removes the felony classification.
Possession by a Prohibited Person
If you are legally barred from possessing a firearm (for example, due to a prior felony conviction, a domestic violence charge, or an active protection from abuse order), you can be charged under 18 Pa. C.S. § 6105. This is a second-degree felony, punishable by up to ten years in prison.
Possession During a Drug Crime or DUI
Possessing a firearm while committing certain other crimes, such as a drug offense or DUI, can lead to enhanced felony charges. These charges often come with mandatory minimum prison sentences, particularly if the firearm is found near controlled substances, cash, or distribution materials.
Possession by a Minor
If a person under the legal age is found in possession of a firearm, they may be charged with a first-degree misdemeanor. This carries a penalty of up to five years in prison, along with the possibility of losing driving privileges or facing consequences in juvenile court.
Other Aggravating Factors
The location of the stop can significantly influence how the charge is handled. If you’re stopped with a firearm near a school zone, government building, or courthouse, or if you’re found with multiple weapons, you may face additional state or federal charges. These can significantly increase both the penalties and the complexity of your case.
Defenses Your Attorney May Explore
Every case is unique. Even so, potential defenses may include:
- Lack of knowledge of the firearm’s presence
- Illegal search and seizure (a Fourth Amendment violation)
- Lawful transport exception, such as moving to a new residence
- Improper justification for the traffic stop
- Incorrect classification as a prohibited person
A seasoned criminal defense attorney can challenge the validity of the stop, question the probable cause for the search, or argue for the suppression of the firearm as evidence.
Local Enforcement Trends: Luzerne County and Beyond
In Luzerne County and surrounding areas like Hazleton, Wilkes-Barre, Allentown, and Scranton, law enforcement agencies have increased firearm-related arrests during traffic stops. This is especially common when the stop involves DUI, drug possession, or juvenile passengers.
Prosecutors in northeastern Pennsylvania often pursue weapons charges aggressively, even for first-time offenders.
Facing Firearm Charges in Pennsylvania? Don’t Wait to Get Help
If you’ve been arrested or charged with a gun-related offense after a traffic stop, the decisions you make in the next few hours or days could change your life.
Whether you legally own the firearm or not, you need a defense attorney who understands Pennsylvania’s gun laws, local court practices, and how to build a strong legal strategy.
Muckler Law serves clients across Luzerne County and Northeastern Pennsylvania, including Allentown, Wilkes-Barre, Hazleton, Scranton, and the surrounding communities. We know the local courts, and we know how to fight for your rights.
Call now or use our form to schedule your confidential case review.
Frequently Asked Questions
1. Can I keep a loaded gun in my car in Pennsylvania?
Only if you have a valid PA License to Carry Firearms (LTCF). Even with a license, the firearm must be transported in accordance with Pennsylvania’s concealed carry laws. Without a valid license, even a legally owned gun must be unloaded and stored properly in accordance with Pennsylvania’s transport exceptions under 18 Pa. C.S. § 6106.
2. What if the gun wasn’t mine?
That may be a viable defense. Still, if the gun was within your control (such as in the glove box), prosecutors may still pursue charges. Legal representation is vital.
3. Can I be charged if the gun was locked and I wasn’t touching it?
Yes. Under Pennsylvania law, possession does not require the weapon to be in your hands. It only needs to be under your control or within reach.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. If you’re facing criminal charges, consult a licensed Pennsylvania criminal defense attorney as soon as possible.
