Lehigh County, PA Weapons Charges Defense Lawyer

A weapons charge can put your freedom, your future, and your constitutional rights at risk. While many people legally own firearms in Pennsylvania, the law places strict limits on who may possess certain weapons, where firearms may be carried, and how firearms may be transferred. A misunderstanding of these laws, an improper search, or a mistake during an encounter with police can quickly result in serious criminal charges.

Weapons cases are often aggressively prosecuted because prosecutors and law enforcement agencies view firearm-related offenses as a public safety concern. However, being accused of a weapons offense does not mean that the Commonwealth has proven a crime occurred. Prosecutors must still establish every required element of the offense beyond a reasonable doubt.

If you are facing weapons charges in Lehigh County, it is important to speak with an attorney before making statements to police or attempting to explain the situation on your own. Weapons cases often turn on technical legal issues, including licensing requirements, prior convictions, possession, search and seizure rules, and the specific circumstances surrounding the alleged offense.

At Young, Marr, Mallis & Associates, our Lehigh County Weapons Charges Defense Lawyers represent individuals accused of firearm and weapons offenses throughout the Lehigh Valley. Our attorneys include former prosecutors who understand how weapons investigations are conducted and how prosecutors build these cases. We provide experienced defense representation focused on protecting our clients’ rights, freedom, and future.

Pennsylvania Weapons Laws Are Complex

Pennsylvania generally recognizes the right of law-abiding individuals to possess firearms. However, that right is subject to important restrictions.

A person who is legally permitted to own a firearm in Pennsylvania may still face criminal charges if they:

Carry a firearm without the required license.
Possess a firearm after becoming prohibited from doing so.
Possess a firearm in a prohibited location.
Transfer a firearm in violation of state law.
Possess a weapon with unlawful intent.
Use a firearm while committing another crime.

Because weapons laws involve numerous statutes and exceptions, the details of each case matter. Whether conduct was criminal may depend on factors such as where the firearm was located, whether it was carried openly or concealed, whether a license existed, and whether the accused person had any prior disqualifying convictions.

A Firearm in Your Home Is Different From Carrying One Outside

Many Pennsylvania residents are surprised to learn that the law treats firearm possession differently depending on where the firearm is located.

Generally, a person who is legally permitted to own a firearm may possess that firearm in their home or place of business. However, taking that firearm into public may create additional legal issues if the person does not have the required license or falls within a legal exception.

The distinction between lawful possession and unlawful carrying can be critical.

For example, a person may legally own a handgun but still face criminal charges if police allege that the handgun was concealed on their person or transported in a vehicle without proper authorization.

Former Prosecutors Who Understand Firearm Cases

Weapons prosecutions often involve technical legal issues that can significantly affect the outcome of a case.

Our attorneys include former prosecutors who understand how the Commonwealth approaches firearm cases, including how prosecutors evaluate:

Police reports.
Witness statements.
Firearm evidence.
Search warrants.
Prior criminal history.
Ballistics evidence.
Statements made during police encounters.

That experience allows us to anticipate the prosecution’s strategy and identify weaknesses in the government’s case.

Common Weapons Offenses in Pennsylvania

Pennsylvania’s Uniform Firearms Act, located in 18 Pa. C.S. Chapter 61, establishes many of the state’s firearm-related offenses.

Common charges include:

Persons Not to Possess Firearms

Under 18 Pa. C.S. § 6105, certain individuals are prohibited from possessing firearms.

This law may apply to people with qualifying prior convictions, including many felony convictions, as well as certain other circumstances identified by statute. A person convicted under Section 6105 may face a second-degree felony, which carries the potential for up to 10 years of imprisonment.

The key issues in these cases often involve whether the person was legally prohibited and whether the prosecution can prove possession or control of the firearm.

Carrying Firearms Without a License

Under 18 Pa. C.S. § 6106, Pennsylvania generally prohibits carrying a concealed firearm or carrying a firearm in a vehicle without a valid license or applicable exception.

The severity of the charge depends on the circumstances. For example, carrying a firearm that is not licensed to the person may result in a felony charge, while other circumstances may involve misdemeanor-level charges.

These cases frequently involve questions about where the firearm was found, whether it was concealed, and whether the accused person possessed the weapon.

Defenses to Weapons Charges in Lehigh County

Weapons cases often present significant defense opportunities.

Depending on the facts, defenses may involve:

Illegal search and seizure.
Lack of knowledge.
Lack of possession.
Lack of intent.
Invalid identification.
Lack of proof that the item was a prohibited weapon.
Licensing issues.
Constitutional violations.

For example, if police discovered a firearm during an unlawful search, the defense may challenge whether the evidence can be used in court. Similarly, if multiple people had access to an area where a firearm was found, prosecutors may have difficulty proving that a particular person knowingly possessed it.

Possession Cases Can Be More Complicated Than They Appear

One of the most common issues in weapons cases is possession.

Prosecutors do not always need to prove that a firearm was physically on the accused person. They may attempt to establish constructive possession by arguing that the person had the ability and intent to control the firearm.

These cases often arise when weapons are found in:

Shared residences.
Vehicles with multiple occupants.
Businesses.
Areas accessible to multiple people.

A defense attorney can examine whether the evidence truly connects the accused person to the weapon.

Weapons Charges Can Have Long-Term Consequences

A weapons conviction can affect much more than the immediate criminal sentence.

Potential consequences may include:

Loss of firearm rights.
Difficulty obtaining employment.
Professional licensing issues.
Restrictions affecting military service.
Immigration consequences.
Enhanced penalties for future offenses.

For individuals who legally own firearms for personal, professional, or recreational reasons, protecting firearm rights may be one of the most important goals of the defense.

Building a Defense Before the Case Gets Worse

Weapons cases often begin with a police encounter that happens quickly. Statements made during that interaction, consent to searches, or attempts to explain ownership may later become important evidence.

Before answering questions from investigators or prosecutors, it is important to understand your rights and legal options.

At Young, Marr, Mallis & Associates, we investigate the circumstances surrounding the charge, review the evidence, and develop defense strategies based on the specific facts of the case.

Frequently Asked Questions

What are some common firearm offenses under Pennsylvania law?

Common firearm offenses include carrying a firearm without a license under 18 Pa. C.S. § 6106, carrying firearms on public streets in certain cities under 18 Pa. C.S. § 6108, possession of a firearm by a prohibited person under 18 Pa. C.S. § 6105, unlawful firearm transfers under 18 Pa. C.S. § 6111, and other offenses contained in the Uniform Firearms Act.

Can I be charged with a weapons offense if the firearm was not found on me?

Yes. Prosecutors may pursue charges based on constructive possession, meaning they claim the person had the ability and intent to control the firearm. Whether that evidence is sufficient depends on the circumstances of the case.

What is possessing an instrument of crime in Pennsylvania?

Under 18 Pa. C.S. § 907, a person may be charged with possessing an instrument of crime if they possess a weapon or other criminal instrument with intent to use it criminally. The prosecution must prove the required intent element.

What are prohibited offensive weapons under Pennsylvania law?

Under 18 Pa. C.S. § 908, certain weapons are prohibited, including items such as bombs, machine guns, sawed-off shotguns, and other weapons identified by statute. Manufacturing, selling, possessing, or using prohibited offensive weapons may result in criminal charges.

Can a minor be charged with firearm possession in Pennsylvania?

Yes. Under 18 Pa. C.S. § 6110.1, a person under 18 may face criminal consequences for unlawfully possessing a firearm. The circumstances surrounding possession, age, and other facts can affect how the case proceeds.

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

If you are facing weapons charges in Lehigh County, you need experienced representation that understands both Pennsylvania firearm laws and the serious consequences of a conviction. A weapons charge can threaten your freedom, your reputation, and your right to possess firearms in the future. At Young, Marr, Mallis & Associates, our former prosecutors and experienced criminal defense attorneys are prepared to examine the evidence, challenge unlawful police conduct, and fight for the best possible outcome. We are available 24 hours a day, 7 days a week to help. Call today for a free consultation and let us begin protecting your rights, your future, and your constitutional interests.