Northampton County, PA Weapons Charges Defense Lawyer

A weapons charge can arise from circumstances that are far more complicated than simply asking whether someone possessed a firearm. Pennsylvania law regulates who may possess certain firearms, where and how firearms may be carried, the transfer of firearms, the possession of certain prohibited weapons, and the possession of weapons in particular locations. Depending on the circumstances, an allegation can result in anything from a misdemeanor to a serious felony with the possibility of years in prison.

For someone facing a weapons charge in Northampton County, the details of the investigation matter. Was the firearm actually possessed by the person charged? Was it legally possessed? Was it found in a vehicle, home, or another location? Did police have lawful grounds to search? Was the person prohibited from possessing a firearm because of a prior conviction or another legal disability? Was the firearm allegedly used in connection with another offense? These questions can fundamentally change the defense.

Young, Marr, Mallis & Associates represents people facing weapons charges throughout Northampton County and the surrounding Lehigh Valley. Our Northampton County Weapons Defense Lawyers include attorneys with substantial criminal defense experience, including former prosecutors who understand how law enforcement investigates firearms cases and how prosecutors evaluate weapons allegations. We investigate the circumstances surrounding the charge, challenge unlawful evidence when appropriate, and work to protect our clients from the potentially life-changing consequences of a weapons conviction.

Pennsylvania Has Many Different Weapons Offenses

Pennsylvania’s firearms laws are primarily found in Chapter 61 of Title 18, the Uniform Firearms Act. The chapter includes offenses addressing prohibited persons, carrying firearms without a license, carrying loaded weapons, conduct during declared emergencies, firearm possession by minors, altered firearm identification numbers, and unlawful firearm sales or transfers.

Other weapons offenses appear elsewhere in the Crimes Code. These statutes address conduct involving weapons or criminal instruments, prohibited offensive weapons, weapons on school property, and firearms or dangerous weapons in court facilities. As a result, there is no single “weapons charge” under Pennsylvania law. The applicable statute depends on what allegedly happened.

The Person Charged May Be More Important Than the Weapon

One of the first questions in a firearms case should be whether the person accused was legally permitted to possess the firearm. Under 18 Pa. C.S. § 6105, certain people are prohibited from possessing, using, controlling, selling, transferring, manufacturing, or obtaining a license for firearms. The statute applies to people convicted of specified offenses and to certain individuals whose circumstances satisfy statutory prohibitions.

For a person charged under § 6105, the prosecution therefore may not need to prove that the firearm was carried illegally or used during another crime. The alleged status of the defendant as a prohibited person can itself be central to the prosecution.

A § 6105 prosecution can carry substantial consequences. The grading depends on the circumstances identified in the statute, making it important to determine precisely which subsection the Commonwealth is relying upon.

Carrying a Firearm Is Not the Same as Possessing One at Home

Pennsylvania law distinguishes between possessing a firearm and carrying one in circumstances where a license is required. Under 18 Pa. C.S. § 6106, a person generally commits a third-degree felony when carrying a firearm in a vehicle or carrying a firearm concealed on or about the person outside the person’s home or fixed place of business without a valid license. The statute provides a lower grading in certain circumstances involving a person who is otherwise eligible for a license and has not committed another criminal violation. That distinction can become important in Northampton County cases involving traffic stops or allegations that someone carried a handgun in public. The prosecution may have to establish not only possession but also the circumstances that make the carrying unlawful. A defense attorney should examine the defendant’s licensing status, where the firearm was located, how it was being carried, and whether any statutory exception applies.

What Evidence Connects the Defendant to the Weapon?

Possession can become the central issue in a weapons case. A firearm may be found in a vehicle containing several people, in a shared residence, in a bedroom used by more than one person, or in another location where multiple individuals had access. The fact that a firearm was found near someone does not necessarily establish every element of a criminal possession offense. Depending on the charge, prosecutors may rely on actual or constructive possession theories and circumstantial evidence to establish the defendant’s connection to the weapon.

The defense should examine the entire evidentiary picture. Who owned the firearm? Who had access to the location? Where exactly was it found? Were fingerprints or DNA recovered? Did anyone make statements about ownership? Did surveillance footage exist? Was the defendant actually observed possessing or controlling the weapon? These details can be critical.

Challenging the Search Can Change the Case

Many weapons prosecutions begin with a search. Police may discover a firearm during a traffic stop, execution of a search warrant, investigation of another crime, search incident to arrest, or search of a residence or vehicle. That makes the legality of the search an important potential defense issue.

The Fourth Amendment and Article I, Section 8 of the Pennsylvania Constitution protect against unreasonable searches and seizures. If police obtained a firearm through an unconstitutional search, the defense may be able to seek suppression of the evidence.

Suppression is not automatic merely because police did not have a warrant. There are numerous recognized exceptions to the warrant requirement. The relevant question is whether the particular search was legally justified under the circumstances.

An attorney can examine the police reports, warrant applications, body-camera footage, dispatch records, photographs, and other evidence to determine whether the search should be challenged.

Altered Serial Numbers Can Create a Separate Charge

Pennsylvania separately prohibits possession of a firearm with an altered manufacturer’s number. Under 18 Pa. C.S. § 6110.2, certain possession, sale, or transfer of a firearm with a manufacturer’s number that has been changed, altered, removed, or obliterated constitutes a criminal offense. The statute treats the offense as a felony. These cases can involve questions concerning the firearm itself, how its identifying number was altered, and whether the defendant knew about the alteration. A person may therefore face an additional charge even when the underlying allegation does not involve firing or using the firearm.

Weapons Charges Can Arise Without a Firearm

Pennsylvania weapons law is not limited to guns. Under 18 Pa. C.S. § 907, possessing an instrument of crime can constitute a criminal offense when the person possesses an instrument of crime with the intent to employ it criminally. The statute defines an “instrument of crime” broadly enough to include objects that are not ordinarily weapons but are possessed with the requisite criminal intent.

Pennsylvania also prohibits certain “prohibited offensive weapons” under 18 Pa. C.S. § 908. The statute addresses specified weapons and devices, including certain bombs, machine guns, sawed-off shotguns, and other weapons identified by statute. The precise nature of the object and the circumstances of possession can therefore matter substantially.

Weapons on School Property and in Court Facilities

Location can also turn an otherwise ordinary possession allegation into a separate criminal prosecution. Under 18 Pa. C.S. § 912, Pennsylvania generally prohibits possession of a weapon in a school building, on school grounds, or on a school bus. The statute contains exceptions and defines the circumstances in which the prohibition applies.

Similarly, 18 Pa. C.S. § 913 addresses possession of a firearm or dangerous weapon in a court facility. Court facilities have particular security requirements, and a person charged under § 913 may face significant consequences depending on the circumstances.

These statutes demonstrate why a weapons case cannot be evaluated simply by identifying the object involved. Where it was allegedly possessed can be just as important.

Firearm Charges Can Affect Your Future Even Without a Long Prison Sentence

The consequences of a weapons conviction may extend well beyond the sentence imposed by a judge. For someone who legally owns firearms, a conviction can affect the ability to possess or purchase firearms in the future. A felony conviction can also create substantial employment and professional consequences and may affect other civil rights. The consequences can be especially significant for people whose employment involves security, law enforcement, military service, firearms, or other regulated activities. For these reasons, even a defendant who believes incarceration is unlikely should take a weapons charge seriously.

Building a Defense Starts With the Facts

There is no single defense that applies to every weapons case. In one case, the central issue may be whether police unlawfully searched a vehicle. In another, the defense may dispute constructive possession. A prohibited-person case may turn on whether the prior conviction actually qualifies under § 6105. A carrying charge may depend on licensing status or an applicable statutory exception. Other cases may involve questions about whether an object actually qualifies as a prohibited weapon or whether the prosecution can establish the required intent. Young, Marr, Mallis & Associates examines these distinctions rather than treating every firearms case as interchangeable. Our attorneys review the government’s evidence, identify potential constitutional issues, and evaluate whether negotiations, pretrial litigation, or trial is the appropriate course.

Former Prosecutors With Defense Experience

A weapons case may involve law enforcement officers who have already developed a theory about what happened. Prosecutors may then rely on police reports, photographs, firearm records, witness statements, video, and other evidence to build the case. Our attorneys understand that process. Young, Marr, Mallis & Associates includes former prosecutors as well as experienced criminal defense attorneys. That background gives our lawyers insight into how the Commonwealth approaches serious weapons cases while providing the defense perspective necessary to challenge the prosecution’s evidence.

We also understand that clients have different priorities. Some want to fight every allegation through trial. Others want to explore a negotiated resolution that minimizes the effect on their lives. Our attorneys explain the available options and help clients make informed decisions while advocating for their interests throughout the case.

Frequently Asked Questions

Is carrying a concealed firearm without a license a felony in Pennsylvania?

It can be. Under 18 Pa. C.S. § 6106, carrying a firearm concealed on or about the person outside the person’s home or fixed place of business without a valid license is generally a third-degree felony. The statute provides a first-degree misdemeanor grading for certain otherwise eligible individuals who have not committed another criminal violation.

Can I be charged with unlawful firearm possession because of a prior conviction?

Potentially. 18 Pa. C.S. § 6105 prohibits certain people who have been convicted of specified offenses, as well as certain other statutorily prohibited individuals, from possessing firearms. Whether a particular prior conviction creates a firearms disability requires examination of the conviction and the applicable subsection of § 6105.

Can I be charged if a gun is found in my car but it does not belong to me?

Possibly, but ownership and possession are not necessarily the same question. Prosecutors may attempt to establish constructive possession when a firearm is found in a location controlled or accessible by the defendant. The defense can challenge whether the Commonwealth has sufficient evidence connecting the defendant to the firearm.

What is an instrument of crime under Pennsylvania law?

Under 18 Pa. C.S. § 907, an instrument of crime can include an object possessed with the intent to employ it criminally. The statute distinguishes between ordinary possession of an object and possession accompanied by the required criminal intent.

Can someone be charged with having a weapon in a Northampton County school or court?

Yes. Pennsylvania has separate statutes addressing weapons in schools and court facilities. 18 Pa. C.S. § 912 addresses weapons on school property, while 18 Pa. C.S. § 913 addresses firearms and dangerous weapons in court facilities. The specific facts and statutory exceptions must be examined in each case.

Call Young, Marr, Mallis & Associates for a Free Consultation

If you are facing a weapons charge in Northampton County, do not assume that the presence of a firearm or other weapon automatically proves the Commonwealth’s case. The legality of the search, the circumstances of possession, your prior record, licensing status, location of the alleged offense, and the evidence connecting you to the weapon can all matter. Young, Marr, Mallis & Associates has experienced Northampton County criminal defense attorneys, including former prosecutors, who understand how serious weapons cases are investigated and prosecuted. We are prepared to examine the evidence, challenge unlawful searches and seizures, and fight for the best possible outcome. Call Young, Marr, Mallis & Associates 24 hours a day, 7 days a week for a free consultation.