Philadelphia Illegal Gun Possession Defense Lawyer

Pennsylvania’s gun laws are detailed and complex. This is especially true in Philadelphia, which imposes tougher gun restrictions than other areas of the state.

A conviction for the possession of firearms in Philadelphia can result in serious penalties, including jail time, steep fines, and the loss of your gun rights, in addition to a criminal record. If you or one of your family members was arrested and charged with gun possession in Philadelphia, or has been charged with a related offense involving the purchase or ownership of a weapon, it is critical to hire a skilled and experienced Philadelphia gun possession defense lawyer to protect your rights and represent you in court.

For a free case review from our Philadelphia illegal gun possession defense lawyers, call the Liberty Law Team today at (215) 826-3314.

How Can You Defend Illegal Gun Possession Charges?

Defending illegal gun possession charges is possible, so do not panic if you have recently been arrested and charged with this offense in Philadelphia.

Unlawful Search and Seizure

Suppose law enforcement found a gun on your person, but did so by violating your Fourth Amendment right against unlawful search and seizure. In that case, our illegal gun possession defense lawyers would file a motion with the court to suppress the firearm as evidence, which has a good chance of compromising the prosecution’s entire case.

Constructive Possession

We may also argue “constructive possession” if you were unaware of the firearm’s presence and had no direct control over it, even though you were in the same general area, such as a shared vehicle.

Licensing Exception

There are exceptions to Philadelphia’s rule that anyone carrying a firearm, whether openly or concealed, has a valid Pennsylvania License to Carry Firearms (LTCF), which is not mandatory in other parts of the state to open carry. Exceptions exist for those with a license to carry firearms from another state, law enforcement, and active military members. You may possess a firearm at your home or place of business without an LTCF in Philadelphia as well.

What Are Philadelphia’s Gun Laws Against Open Carrying?

Philadelphia enforces restrictive gun laws that do not apply in other parts of the state. To use a common example, “open carry” is prohibited in Philadelphia, even though it may be considered lawful in other areas of Pennsylvania.

Pennsylvania law prohibits “carrying firearms on public streets or public property in Philadelphia,” meaning open carry is prohibited in Philadelphia. It is generally illegal to “carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property” anywhere in Philadelphia, unless:

• The person has a valid and up-to-date license to carry a firearm.
• The person is exempt from the licensing requirement (such as members of the military).

What Are Other Illegal Gun Possession Charges in Pennsylvania?

Even outside of Philadelphia, in communities where Pennsylvania’s gun laws are more lenient, various gun possession laws can lead to prosecution if allegedly violated. Examples of other gun possession-related criminal charges include:

• 18 Pa. Cons. Stat. § 6110.1– Possession of a Firearm by a Minor
• 18 Pa. Cons. Stat. § 6110.2 – Possession of a Firearm with an Altered Manufacturer’s Number
• 18 Pa. Cons. Stat. § 6121– Certain Bullets Prohibited (Possession of Illegal Bullets)

What Factors Affect Sentencing for Illegal Gun Possession?

Lots of factors are considered when judges sentence defendants found guilty of illegal gun possession in Philadelphia, including the specifics of the case itself, whether the defendant is a prohibited person who cannot legally own a gun, or if the defendant has prior criminal convictions.

Case Specifics

Gun possession charges can be classified as either misdemeanors or felonies, with significantly harsher penalties possible based on the specific circumstances involved. Courts consider a variety of factors, including:

• The type of firearm or weapon involved
• The reason the weapon was possessed, such as whether it was intended for use in a crime
• The location of the alleged offense, including restricted areas like schools or courthouses
• Whether the weapon was discharged
• Whether anyone was injured as a result
• The defendant’s prior criminal history
• Whether the weapon was sold or intended for sale
• Whether the defendant was legally prohibited from possessing a firearm at the time

Defendant is a Prohibited Person

Pennsylvania law permits enhanced penalties when a firearm offense is committed by someone who is legally barred from owning or using a gun. In Pennsylvania, a person who commits or attempts to commit an offense involving unlawful possession of a firearm may face additional punishment beyond the penalty for the underlying crime.

Defendant Has Prior Convictions

Prior convictions also play a role. Individuals prohibited from possessing, using, manufacturing, controlling, selling, or transferring firearms include those previously convicted of certain serious offenses related to assault, burglary, sexual assault, and manslaughter. These prior convictions can dramatically increase both the severity of charges and the potential penalties in a Pennsylvania gun possession case.

When is Gun Possession Charged as a Misdemeanor vs. Felony?

In Pennsylvania, gun possession and related crimes can be charged as first-, second-, or third-degree misdemeanors, or as first-, second-, or third-degree felonies. For example, possession of a firearm with an altered manufacturer’s number is a felony of the second degree.

Misdemeanors

Illegal gun possession in Philadelphia can be downgraded to a first-degree misdemeanor if you would have been eligible for an LTCF at the time and you did not commit any other criminal offenses at the time.

The maximum sentence for a first-degree misdemeanor conviction is five years in jail.

Felony

A prohibited person illegally possessing a firearm is a serious offense and is charged as a second-degree felony. Carrying without a license in Philadelphia, even if you are not a prohibited person, could mean a third-degree felony charge.

FAQs About Illegal Gun Possession Charges in Philadelphia

Why Are Philadelphia’s Illegal Gun Possession Charges Different?

Philadelphia is home to millions and is densely populated, especially compared to other parts of the state. The crime and violence rates in Philadelphia are higher than the rest of Pennsylvania as well, a primary reason for the stricter gun laws there.

What Impacts My Sentence Upon Conviction?

Many factors can affect the sentence a defendant receives if convicted. One of the most important is how the crime is classified within the categories above. For example, a second-degree felony can have much tougher penalties than a second-degree misdemeanor. In comparison, a second-degree misdemeanor can have much tougher penalties than a third-degree misdemeanor.

Do I Need a Lawyer for an Illegal Gun Possession Charge?

Facing felony charges for illegal gun possession can affect your ability to own a gun in the future, especially if you are sentenced to more than a year in prison.

Can I Carry My Gun without a License in Philadelphia?

Even if you can open carry your firearm without a license in other parts of the state, you must have an LTCF on your person if you plan to carry a gun in public when visiting Philadelphia.

Will Illegal Gun Possession Charges Stick in Philadelphia?

Whether or not your charges stick and make it to trial depends on whether any of the prosecution’s evidence is inadmissible because it was obtained through an illegal search or seizure, and whether you face other charges in addition to illegal gun possession.

Our Philadelphia Gun Possession Defense Attorneys Can Help

For a free case evaluation from our illegal gun possession defense lawyers, call the Liberty Law Team now at (215) 826-3314.