Philadelphia, PA Gun Possession Defense Lawyer

Pennsylvania recognizes the Constitutional right of law-abiding individuals to own firearms, but that right is subject to important restrictions. Depending on a person’s criminal history, location, licensing status, and the circumstances surrounding possession, a firearm can lead to serious criminal charges. An individual who legally owns a handgun at home or at a business may face misdemeanor or felony charges the moment the firearm is carried into public without complying with Pennsylvania’s licensing requirements.

If you have been arrested for illegal gun possession in Philadelphia, you should speak with an experienced criminal defense attorney immediately. Firearms cases often involve complex issues regarding prior convictions, licensing requirements, possession, search and seizure laws, and whether police officers lawfully discovered the weapon.

At Young, Marr, Mallis & Associates, our criminal defense attorneys include former prosecutors who understand how Pennsylvania firearms laws are enforced. Our Philadelphia illegal gun possession defense lawyers have experience defending clients accused of serious weapons offenses, and we carefully investigate every aspect of the case to determine whether the Commonwealth can prove the required elements beyond a reasonable doubt. Our goal is to protect your rights, your freedom, and your future.

Understanding Illegal Firearm Possession Laws in Pennsylvania

Pennsylvania’s firearms laws are contained primarily in Chapter 61 of Title 18 of the Pennsylvania Consolidated Statutes, known as the Uniform Firearms Act. These laws regulate who may possess firearms, where firearms may be carried, and when a license is required.

Many people assume that firearm possession is always unlawful after an arrest. That is not the case. The Commonwealth must prove specific facts before obtaining a conviction, including that the defendant knowingly possessed the firearm and that possession violated Pennsylvania law.

The circumstances surrounding possession are critical. A firearm found inside a person’s home may raise very different legal questions than a firearm allegedly carried on a public street in Philadelphia.

Possession of Firearms by Prohibited Persons

One of the most serious illegal gun possession offenses is found in 18 Pa. C.S. § 6105, which prohibits certain individuals from possessing, using, controlling, selling, or transferring firearms. Section 6105 applies to people who fall into specific prohibited categories, including many individuals convicted of felony offenses. Certain misdemeanor convictions, combinations of offenses, fugitive status, and other circumstances may also result in firearm prohibitions. In addition, certain protective orders, including qualifying protection from abuse (PFA) orders, may affect a person’s ability to possess firearms.

A person prohibited under Section 6105 may not possess a firearm, including a handgun, rifle, or shotgun. A violation is generally graded as a second-degree felony and can result in up to 10 years of imprisonment. Because firearm disability laws are highly technical, it is important to determine whether a prior conviction or other circumstance actually prohibits possession before assuming a violation occurred.

Carrying Firearms Without a License

Pennsylvania law distinguishes between possessing a firearm in a lawful location and carrying a firearm in public. Under 18 Pa. C.S. § 6106, it is generally unlawful to carry a firearm concealed on one’s person or in a vehicle without a valid license to carry firearms or a statutory exception. The grading of the offense depends on the circumstances. In some situations, carrying a firearm without a license may be charged as a third-degree felony, while other circumstances may result in a first-degree misdemeanor. The details matter, including whether the firearm was loaded, whether the person was licensed, whether the firearm was registered to the individual, and whether other aggravating circumstances exist.

Firearms With Altered Serial Numbers

Pennsylvania also prohibits possession of a firearm with an altered manufacturer’s number under 18 Pa. C.S. § 6110.2. A person may face criminal charges simply for possessing a firearm with an altered, obliterated, or otherwise unreadable manufacturer’s number. The offense does not require that the person personally altered the serial number. Possession of a firearm with an altered manufacturer’s number is generally a second-degree felony punishable by up to 10 years in prison.

These cases often require careful examination of how the firearm was obtained, whether the defendant knew about the altered serial number, and whether the prosecution can establish the required elements of the offense.

Carrying Firearms on Public Streets or Public Property in Philadelphia

Philadelphia has additional restrictions regarding firearms carried in public areas. Under 18 Pa. C.S. § 6108, Pennsylvania prohibits carrying firearms on public streets or public property in a city of the first class, which currently applies to Philadelphia, unless the person is licensed to carry a firearm or qualifies for a statutory exemption. This means that an individual who may legally possess a firearm at home or at a business may still face criminal charges for carrying that firearm on Philadelphia streets without the proper license. These cases frequently involve questions regarding whether the defendant had a valid license, whether an exception applied, and whether police lawfully stopped and searched the individual.

Challenging Illegal Gun Possession Charges in Philadelphia

A firearm arrest does not automatically lead to a conviction. Prosecutors must prove every element of the charged offense beyond a reasonable doubt. Depending on the circumstances, possible defenses may include, for instance:

• The defendant was not actually in possession of the firearm.
• The defendant was not aware of the firearm’s presence.
• The firearm was discovered during an unlawful search.
• The defendant was not legally prohibited from possessing firearms.
• The firearm was lawfully possessed in the location where it was found.
• The prosecution cannot establish the required connection between the defendant and the weapon.

Many firearms cases turn on evidence obtained during a police search. If officers violated constitutional protections, the defense may seek to suppress the firearm and other evidence.

The Importance of Experienced Firearms Defense

Gun possession cases require more than a general understanding of criminal law. The defense must account for Pennsylvania’s detailed firearm statutes, federal firearm restrictions, constitutional protections, and the specific facts surrounding the alleged offense. At Young, Marr, Mallis & Associates, our attorneys understand the serious consequences that can follow a firearms conviction. We carefully review police reports, search procedures, firearm records, witness statements, and all other available evidence to determine the strongest path forward.

Former Prosecutors Challenging Firearms Cases in Philadelphia

The criminal defense attorneys at Young, Marr, Mallis & Associates include former prosecutors who understand how weapons cases are investigated and prosecuted. We know how the Commonwealth builds firearm cases and what evidence prosecutors rely upon to establish possession. That experience allows us to identify weaknesses in the prosecution’s case and develop strategies designed to protect our clients’ rights. Whether your case can be resolved through negotiation or requires trial preparation, we are prepared to advocate aggressively on your behalf.

Frequently Asked Questions

What is Possessing Instruments of Crime in Pennsylvania?

Under 18 Pa. C.S. § 907, a person may be charged with possessing instruments of crime when they possess a weapon or other criminal instrument with the intent to employ it criminally. The offense may apply even when the item itself is not illegal if prosecutors allege it was possessed for unlawful purposes.

What are prohibited offensive weapons under Pennsylvania law?

Under 18 Pa. C.S. § 908, Pennsylvania prohibits certain conduct involving offensive weapons, including making, repairing, selling, using, or possessing items such as bombs, machine guns, sawed-off shotguns, and certain concealed or silent firearms. The law is designed to regulate weapons considered especially dangerous or unsuitable for lawful possession.

Can I be charged with possessing a weapon on school property?

Yes. Under 18 Pa. C.S. § 912, it is generally unlawful to possess a weapon in a school building, on school grounds, or on a school bus. The statute contains certain exceptions, but the specific circumstances determine whether criminal charges are appropriate.

Is it illegal to possess a firearm or dangerous weapon in a courthouse?

Yes. Under 18 Pa. C.S. § 913, Pennsylvania prohibits possessing a firearm or other dangerous weapon in a court facility. These cases may involve questions regarding whether the location qualified as a court facility and whether the defendant had a lawful exception.

Can a person under 18 possess a firearm in Pennsylvania?

Generally, Pennsylvania restricts firearm possession by minors under 18 Pa. C.S. § 6110.1. The statute prohibits certain individuals under 18 from possessing firearms, subject to limited exceptions. The consequences can be serious, particularly when combined with other criminal allegations.

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

If you have been charged with illegal gun possession in Philadelphia, do not wait to seek experienced legal representation. Firearms charges can result in serious penalties, including prison time and the loss of future firearm rights. At Young, Marr, Mallis & Associates, our former prosecutors and experienced criminal defense attorneys are prepared to challenge the evidence, protect your constitutional rights, and pursue 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 freedom, and your future.