Gun charges are among the most common and the most complicated criminal charges in Pennsylvania. While illegal possession of a firearm is a frequent charge, there are many other ways in which a person may be charged. Whatever the case, call a lawyer for help.

You may be charged with the illegal possession of a firearm if you are a person prohibited from having one. Such a person is usually someone who was convicted of a disabling felony or is the subject of a protection from abuse order. Even if you are not a prohibited person, you may be charged for using a gun as part of a crime. Whatever your charges are, you have a right to defend yourself, and a lawyer can help you.

For a free initial case review, call our lawyers for gun crimes in Media, PA at the Liberty Law Team at (215) 826-3314.

How to Handle Charges for the Illegal Possession of Guns in Media, PA

Gun charges are famously complicated, and the mere presence of a gun in an alleged criminal offense can have a massive effect on the outcome of your case.

Who is Prohibited from Possessing a Firearm?

Certain people, often those previously convicted of felonies, may lose their right to have a firearm under any circumstances.

In Pennsylvania, a person who has been convicted of a felony enumerated by statute is forbidden from possessing, carrying, selling, controlling, using, transferring, or manufacturing a firearm.

Additionally, a person may be prohibited if they are currently the subject of a protection from abuse order.

Relinquishing Your Firearms

When you become a person prohibited from possessing a firearm, you are required to relinquish any firearms currently in your possession.

People sometimes run into trouble if it takes them too long to relinquish their firearms. If you are charged with illegal possession but you were only trying to relinquish your firearm, tell your lawyer immediately.

Were Your Gun Rights Restored?

When a person loses their right to possess a firearm, the condition may be permanent unless they are eligible to have their gun rights restored. If you recently had your rights restored, your charges may be the result of a mistake by law enforcement.

Possible Defenses for Gun Crime Charges

When charged with a gun crime, such as illegal possession, you might have multiple defense strategies worth exploring. Review all your options with your lawyer as soon as possible.

Fourth Amendment Violations

If the police searched your private property and seized the gun, they likely took it as evidence.

All searches and seizures require a search warrant, unless a specific, limited exception applies. If the police seized the firearm without a warrant, our lawyers for gun crimes in Media, PA will make them prove that they acted under an exception to the rule.

If they cannot prove any exception existed, we will move to suppress evidence of the gun, significantly weakening the case against you.

Lack of Knowledge or Intent

Illegal possession requires knowledge of the gun on the part of the defendant and an ability to control it.

Control is often based on where the gun was found. If it were found on your person, control is somewhat obvious. If it was found in another location, prosecutors must prove that you had control over that location.

If you did not know about the gun, or it was in a location you had no control over, it may be very difficult to prove the charges against you.

Using a Guin in Self-Defense

Self-defense claims require that the defendant used force (e.g., fired a gun) against someone else because they reasonably believed that such force was necessary to prevent the other person from using unlawful force against them at that moment.

Your belief that the other person wants to harm you and can do so must be reasonable. Also, the perceived threat from the other person must be imminent, meaning it is happening now.

If self-defense claims are successful, a defendant may be shielded from criminal liability for their actions.

Other ways You May Be Charged with a Gun Crime

Illegal possession is not the only way you might be charged with a gun crime.

Carrying Without a License

Many people are charged for carrying a firearm without a valid gun license. If you had a license but it expired or you could not produce it when the police stopped you, tell your lawyer.

Altered Firearms

It is illegal to carry firearms that have been unlawfully altered. This often involves removing the serial number and other identifying markings from the gun, making it untraceable.

You must be aware that the gun you had was altered to be charged. If you did not know, tell your lawyer so they may try to convince prosecutors. If they believe you, they may agree to reduce or drop the charges.

Committing a Crime with a Gun

Even if you have a valid gun license, and the gun in your case was obtained legally, if it was used in the commission of another crime, you may face severe consequences.

Using a weapon as part of a crime is not always charged as a separate offense from the overall crime. If someone robs a bank, they are charged with robbery whether or not they used a gun. However, the charges and penalties may be significantly upgraded due to the presence of a firearm.

FAQs About Gun Crime Charges and Defenses in Media, PA

When is the Possession of a Firearm Illegal in Media, PA?

Possession of a firearm may be illegal under multiple circumstances. It may be illegal if you do not have a gun license or if you are prohibited from having a firearm due to a past felony conviction.

Can the Police Take a Firearm from Your Private Property?

Yes, but they must have a search warrant or be able to prove that an exception to the warrant rule existed.

What if You Were Unaware of a Firearm in Your Possession?

For someone’s possession of a firearm to be illegal, they must be aware that the firearm is in their possession in the first place. If you truly had no idea about the gun – perhaps it belongs to someone you live with or has access to your home – we may fight the charges.

Can You Go to Jail for a Gun Crime?

Yes. Gun crimes are very serious and carry serious penalties. If someone possesses a firearm when they are prohibited due to a prior felony conviction, they may face new charges of a second-degree felony.

Get in Touch with Our Attorneys for Gun Crimes in Media, PA for Help

For a free initial case review, call our lawyers for gun crimes in Media, PA at the Liberty Law Team at (215) 826-3314.