Illegal Gun Possession Defense Attorney in Kingston, PA, Assists Clients Facing “Person Not to Possess a Firearm” Charges in Luzerne County, Lackawanna County, Columbia County, and Throughout Northeastern Pennsylvania
Although Pennsylvania law permits open carry of guns without a license in most of the state, it’s still possible to be charged with illegal possession. In PA, possession of firearms is prohibited for certain persons, including but not limited to people who have convictions for certain crimes on their records. If you’re accused of unlawfully possessing a gun in Pennsylvania, you need a knowledgeable Luzerne County illegal possession of a firearm lawyer on your side as soon as possible.
Muckler Law, LLC, is prepared to defend you against this charge, which in many instances can constitute a felony offense. Contact us today for help fighting an illegal possession of a firearm charge.
Illegal Possession of a Firearm Charges in Luzerne County, PA
Gun possession charges in PA usually refer to criminal charges involving persons who are not legally permitted to own, use, or control guns, often (but not always) due to prior criminal convictions.
You might also face charges related to a gun possession charge in Luzerne County for having a gun on your person in prohibited places, carrying a concealed weapon without a license to do so, or possessing a firearm in a vehicle without the proper license.
Areas Where a Luzerne County Illegal Possession of a Firearm Lawyer Can Assist You
With an office conveniently located on Market Street in Kingston, Muckler Law, LLC, is prepared to serve clients all over Luzerne County and the surrounding areas, including Hazleton, Nanticoke, Pittston, and Wilkes-Barre.
What Are the Charges for Unlawful Gun Possession in Pennsylvania?
Statute 18 Pa.C.S. Section 6105 of PA law establishes an offense called “persons not to possess, use, manufacture, control, sell, or transfer firearms.” Under this statute, specified persons are restricted from any of the following activities:
- Possessing a gun
- Using a firearm
- Controlling a firearm
- Selling or transferring a gun
- Manufacturing a firearm
- Obtaining a state license to possess, use, control, sell, transfer, or manufacture guns
Once the criteria to consider any individual a “person not to possess firearms” in PA are met, state law allows them up to 60 days to sell or transfer any guns that were already in their possession. The recipient of the sale or transfer must not be a member of the individual’s household or considered a “person not to possess firearms” by the state.
The Offenses That Prohibit Firearms Ownership in Pennsylvania
A prior conviction of any of a long list of crimes, whether in Pennsylvania or outside the state, can prohibit you from legally possessing or using firearms in PA. This list encompasses offenses like the following:
- Murder
- Voluntary manslaughter
- Involuntary manslaughter that involves reckless use of a firearm
- Aggravated assault
- Assault by a prisoner, including a prisoner serving a life term
- Stalking
- Kidnapping
- Luring a child into a motor vehicle or structure
- Rape
- Involuntary deviate sexual intercourse
- Aggravated indecent assault
- Unlawful restraint
- Burglary
- Robbery, including robbery of a motor vehicle
- Theft by unlawful taking or by extortion accompanied by threats of violence
- Receiving stolen property
- Arson
- Riot
- Causing or risking a catastrophe
- Intimidating or retaliating against victims or witnesses
- Involvement in corrupt organizations (organized crime)
- Felony criminal trespass, when charged at the first-degree or second-degree level
- Conviction of two or more felony offenses
- Unlawful escape from a detention facility, including unlawfully introducing or procuring weapons or other implements for escape
- Unlawful paramilitary training
- Impersonating a law enforcement officer
- Fictitious reports of theft of a firearm
- Selling or leasing weapons or explosives to minors
- Corruption of minors
- Possession of firearms by a minor
- Possession or manufacture of weapons of mass destruction or facsimile (false or counterfeit) weapons of mass destruction
- Possession of prohibited offensive weapons
- Possession of a weapon on school property
Additionally, a conviction of any violation of The Controlled Substance, Drug, Device, and Cosmetic Act in Pennsylvania or an equivalent federal law or state law in another state that is punishable by more than two years in prison prohibits you from possessing firearms in PA.
This law also establishes that people who are prohibited from possessing a gun due to a violation of 18 U.S.C. § 922(g)(9), a federal law that establishes unlawful acts pertaining to firearms possession, sales, and transportation, among other acts, may not own or use guns in Pennsylvania. Among those persons to whom this statute applies include people who have been dishonorably discharged from the Armed Forces and those who have been convicted of domestic violence crimes, even at the misdemeanor level.
Other Reasons a Person May Be Prohibited From Possessing Guns in PA
Under 18 Pa.C.S. Section 6105, you are also prohibited from gun possession in Pennsylvania if you:
- Are a fugitive from justice
- Are illegally or unlawfully in the United States
- Have any active protection from abuse order issued against you that prohibits you from possessing firearms or requires you to relinquish your guns
- Were convicted of three or more charges of driving under the influence within a five-year period
- Have been involuntarily committed to an inpatient mental institution
- Have been adjudicated as incompetent by a court
- Have been adjudicated delinquent by a court
Additionally, if you are under 18 years of age, you are prohibited from possessing a firearm (with certain exceptions involving adult supervision) under statute 18 Pa.C.S. Section 6110.1, which establishes possession of a firearm by a minor as a criminal offense.
The nuances of PA laws governing who is prohibited from owning or using a gun can get complicated. If you have been charged with illegal possession of a firearm or have any questions about whether you can legally possess a gun, you should consult a Luzerne County illegal possession of a firearm lawyer to review the specifics of your situation.
Where Is It Illegal to Possess Firearms in Pennsylvania?
Possession of a gun may also be illegal in certain places in PA, even if you are otherwise legally permitted to open-carry a gun.
For example, under 18 Pa.C.S. Section 912, possession of weapons on school property is unlawful. So is possession of a deadly weapon in a court facility, under 18 Pa.C.S. Section 913.
Under 18 Pa.C.S. Section 6106, both concealed carry anywhere in the state (except in your own home or fixed place of business) and carrying a firearm in any vehicle without a proper license are illegal. Although open carry of firearms for those not prohibited from possessing them is legal without a license in most of Pennsylvania, 18 Pa.C.S. Section 6108 prohibits carrying guns on public streets or public property in Philadelphia without a license.
The complex laws surrounding weapons offenses in Pennsylvania may make it difficult to understand the details of exactly what crimes you are charged with. An illegal gun possession defense attorney in Kingston, PA, can help make your situation clearer and determine a path forward to defend against these charges.
Is Unlawful Possession of a Firearm a Felony or Misdemeanor in Luzerne County?
Because a wide variety of acts can constitute unlawful possession of a firearm in Pennsylvania, illegal gun possession charges in PA range in severity from misdemeanors to first-degree felonies.
It is a felony of the second degree for a person who is prohibited from possessing or using firearms due to a prior felony conviction to possess, use, or manufacture a gun.
This offense rises to the level of a felony of the first degree if the person had previously been convicted of one of the offenses described above or was in possession or control of a gun at the time they committed the offense.
Unlawful possession is considered a second-degree misdemeanor if the person knowingly or intentionally fails to surrender firearms or ammunition in their possession as required by an active protection from abuse order issued against them.
If you knowingly or intentionally accepted possession of a gun or other weapon from someone who, per the conditions of an active protection from abuse order issued against them, is required to surrender the weapon to the appropriate law enforcement agency, you might be facing a third-degree misdemeanor charge. To avoid or defend against this charge, you would need to notify law enforcement of your possession of the weapon and relinquish it.
Intentionally or knowingly returning such a weapon to the person whose possession of it is prohibited or granting them access to it may result in first-degree misdemeanor possession charges against you.
Carrying a concealed weapon or carrying a weapon in a vehicle without a license may constitute either a third-degree felony or a first-degree misdemeanor, depending on whether the perpetrator was eligible to obtain a license to carry the firearm under PA law.
Whether the charge against you is a misdemeanor or a more serious felony, you should take every action possible to pursue a more favorable outcome to this criminal matter. That means retaining an experienced Luzerne County illegal possession of a firearm lawyer to defend you against the charges.
The Penalty for Unlawful Possession of a Firearm
The consequences of a charge of unlawful possession, as well as other gun and weapon charge penalties, depend on the specifics of your situation. A first-degree felony will carry harsher consequences than a third-degree felony, and a misdemeanor is less serious a charge than a felony is.
Depending on the situation, you may be facing years or even decades in prison, as well as potential fines that could range from less than $2,500 all the way to $25,000.
Contact a Luzerne County Illegal Possession of a Firearm Lawyer at Muckler Law, LLC, Today for a Free Consultation
To minimize the consequences of an unlawful possession of a firearm charge on your life, you need the assistance of a knowledgeable attorney who is ready to fight for you.
For help from an illegal possession of a firearm attorney in Kingston, PA, contact Muckler Law, LLC, online or call 570-908-4069 today.
