Pittsburgh Gun Charges and Violations Lawyer

Illegal Possession of a Firearm (Prohibited Persons)

If you have been convicted of certain criminal offenses in Pennsylvania, you cannot legally “possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.” (18 Pa.C.S. §6105).

Not all felony convictions lead to a firearm disability, however, and certain misdemeanor offenses (such as corruption of minors) can also result in a prohibition if they are specifically listed under Pennsylvania law.

A person is subject to a firearm “disability” under Pennsylvania law if they:

• Have been convicted of certain disqualifying offenses listed in 18 Pa.C.S. §6105(b);
• Have been convicted of certain felony drug offenses punishable by more than two years;
• Are a fugitive from justice;
• Have three or more DUI convictions within a five-year period (applies to firearm purchases and transfers after the third conviction);
• Are subject to an active Protection From Abuse (PFA) order;
• Have certain juvenile adjudications for serious offenses; or
• Are prohibited under federal law, including certain domestic violence convictions

Pennsylvania is not required to personally notify you before a firearm disability applies. The law generally allows up to 60 days from the imposition of the disability to sell or transfer any firearms to an eligible third party who is not a member of the household, subject to limited exceptions.

Penalties and Defenses

In most cases, a violation of 18 Pa.C.S. §6105 is graded as a felony of the second degree, which carries a potential sentence of up to 10 years in prison and up to $25,000 in fines.

However, if the person has a prior §6105 conviction or is found to have a firearm on their person or within their control at the time of the violation, the offense is graded as a felony of the first degree and carries a potential sentence of up to 20 years in prison and up to $25,000 in fines.

If you’re facing charges, our experienced criminal defense attorneys can challenge whether you were legally prohibited under §6105, whether you actually possessed or controlled the firearm, and whether law enforcement violated your rights.

Possession of an Illegal Offensive Weapon or Firearm

It is a misdemeanor of the first degree for a person to make repairs, sell, use, deal in or possess an illegal weapon or firearm unless you are a law enforcement officer or are otherwise licensed or permitted to carry one.

A first degree misdemeanor is punishable by up to five years of prison time and a $10,000 fine.

An offensive weapon includes any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches or firearm made specially or adapted for concealment or silencing; any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument of which the blade is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise; any stud gun, stun baton, taser or other electronic or electric weapon or that could inflict serious bodily injury and which serves no common lawful purpose.

You cannot argue self-defense in an aggravated assault case if you are charged with using any of these offensive weapons.

Read more about being charged with possession of a prohibited weapon.

Intention to Use a Firearm During Criminal Activity

In Pennsylvania it is a first degree misdemeanor to intend to use a firearm or weapon (for example a switchblade knife) for a criminal activity such as a robbery or break-in.

This law still applies even if the gun is not loaded and/or you never actually use your weapon.

A first degree misdemeanor is punishable by up to five years in prison and a $10,000 fine.

Carrying a Firearm Without a License

While you can hide a firearm inside your home or business, it is illegal to carry a firearm inside your vehicle, leg holster or purse or any other concealed place unless you hold a valid license.

It is a third degree felony to carry a firearm without a valid license or without a specific permit to carry one. A third degree felony is punishable by up to seven years in prison and a $15,000 fine.

If you would have been eligible for a license and have a clean record, it is still a first-degree misdemeanor, punishable by up to five years in prison and a $10,000 fine.

Read more about being charged with carrying without a license.

Illegal Sale of Firearms

People who sell firearms have many laws to abide by when running their business. Not following proper procedure can have risky and detrimental consequences.

If a gun shop owner sells a weapon to a person without following the 48-hour waiting period, they will face a second degree misdemeanor. Selling a weapon to a minor is a first degree misdemeanor.

Weapons on School Property

Any gun or weapon is not allowed to be on school property. This includes both public and private elementary schools and secondary schools licensed by the Department of Education and elementary and secondary parochial schools.

Weapons include: firearms, shot guns, rifles, knives, nunchucks or any tool or instrument capable of cutting or inflicting serious bodily injury.

It is a first degree misdemeanor to violate this law, subject to up to five years of prison and a $10,000 fine.

Read more about facing possession of a weapon on school property charges.