In Pennsylvania, gun ownership comes with specific responsibilities that many assume they understand. But with so many nuanced rules around carrying, possessing, and transferring firearms, even responsible gun owners can find themselves inadvertently violating state or federal gun laws.
From carrying a gun without the proper license to accidentally bringing a firearm into a restricted area, these relatable scenarios can lead to unexpected and severe charges for many otherwise lawful gun owners in and around Philadelphia. Here, the highly knowledgeable and passionate Philadelphia firearm attorneys at Fienman Defense want to help you understand these laws to protect your rights & hopefully prevent legal trouble.
Philadelphia Gun Crimes & Penalties
Given Philadelphia’s urban environment and high crime rate, gun crime enforcement is a significant priority for local police and prosecutors. In recent years, gun violence in Philadelphia has surged, with 2022 data showing over 1,700 non-fatal shooting victims and nearly 500 gun-related homicides, marking the city as one of the nation’s hotspots for gun violence.
Knowing the penalties for gun offenses in Pennsylvania is essential for anyone who owns or handles firearms. Penalties depend on the offense, prior record, and location, ranging from misdemeanors to felonies, which could mean fines, jail, or losing the right to carry.
Possession of a Firearm Without a License
One of the most common misunderstandings for gun owners in Pennsylvania is believing that simply purchasing a gun legally means they can carry it freely.
Pennsylvania requires a license for carrying a concealed firearm, but many don’t realize this until they’re facing charges. For instance, imagine heading out of the house and taking your firearm with you, assuming it’s no issue—only to be stopped and charged with carrying without a license.
Penalties for Unlicensed Possession
According to 18 Pa.C.S. § 6106, carrying a firearm without a license is typically a third-degree felony, punishable by up to seven years in prison and fines up to $15,000. First-time offenders sometimes negotiate for lesser penalties, but the consequences can still be severe and lasting, affecting your rights and future opportunities.
Firearm Possession by a Prohibited Person (Felon in Possession)
Specific individuals, including those with prior felony convictions, are prohibited from owning or possessing firearms. However, many people with old criminal records are unaware of this restriction or assume it no longer applies. Imagine inheriting a family gun or moving into a home where a firearm is stored—only to find yourself facing a serious felony charge.
Penalties for Felon in Possession
Under 18 Pa.C.S. § 6105, possessing a firearm as a prohibited person is a second-degree felony, carrying up to 10 years in prison and hefty fines. If the individual’s record includes a violent felony, the charge can be escalated with mandatory minimum sentences. These penalties reflect the state’s strong stance on keeping firearms away from certain individuals, even if possession was unintentional.
Firearms with an Altered Serial Number
Firearms must have identifiable serial numbers, so tampering with or possessing a gun with an altered serial number is treated as an attempt to disguise the firearm’s origin. Often, people inherit or purchase firearms second-hand without knowing that a previous owner altered the serial number—leading to serious legal consequences for the unsuspecting new owner.
Penalties for Possession of an Altered Firearm
According to 18 Pa.C.S. § 6110.2, possessing a firearm with an altered or removed serial number is a second-degree felony. This can lead to up to 10 years in prison and significant fines. Pennsylvania law
Gun Possession at an Airport
It’s more common than people realize – rushing to pack for a trip and accidentally leaving a firearm in your bag. Unfortunately, airports are heavily regulated, and even an honest mistake can result in criminal charges.
Penalties for Airport Gun Possession
Under 18 Pa.C.S. § 6106, bringing a firearm to an airport, especially without a concealed carry permit, can be classified as a third-degree felony, punishable by up to seven years in prison and fines up to $15,000. Additionally, the TSA may impose fines ranging from $1,500 to $13,910, depending on whether the gun was loaded. If you’re caught with a gun at an airport, it’s vital to seek legal help to reduce the impact of this offense potentially.
Concealed Weapon Violations
Carrying a concealed weapon without the proper permit is another common issue for gun owners, especially those visiting from out of state. Many assume their concealed carry permit will be valid in Pennsylvania, only to find out too late that the state has different reciprocity agreements and requirements.
To carry a concealed firearm in Pennsylvania, you must have an LTCF or a license from a state with which Pennsylvania has a reciprocity agreement. Concealed carry without a license is only permitted within your home or a fixed business.
Penalties for Concealed Weapon Violations
18 Pa.C.S. § 6109 makes carrying a concealed firearm without a valid permit either a misdemeanor or felony, depending on the circumstances. A first offense may result in a misdemeanor charge with potential fines and jail time, while repeat offenses or aggravating factors, like an unlicensed loaded weapon, can lead to felony charges.
Guns Found During a DUI
If you’re pulled over for a DUI and a firearm is found in the vehicle, the stakes can become even higher. Pennsylvania treats the combination of DUI and gun possession as a significant public safety concern, which can increase the severity of both charges.
Penalties for Gun Possession & DUI
Possession of a firearm during a DUI can elevate a misdemeanor DUI to a felony, depending on the nature of the possession. Penalties can include extended jail time, substantial fines, and potentially a permanent mark on your record, affecting your right to carry.
False Statements on Gun Forms
Making a false statement on a gun purchase application is a serious offense in Pennsylvania. Even a minor misstatement—whether intentional or unintentional—can result in charges, as gun applications are strictly monitored for accuracy to prevent individuals who are ineligible from acquiring firearms.
For example, imagine you’re filling out our gun application and indicating a clean criminal record. And while you had a DUI or a drug possession charge many years ago, you might mistakenly think this minor infraction from your past has either been removed from your record, does not qualify as an offense that must be reported, or otherwise doesn’t need to be disclosed.
Penalties for False Statements on Gun Applications
Under 18 Pa.C.S. § 6111(g)(4), providing false information on a firearm purchase application is classified as a felony offense, punishable by up to seven years in prison and heavy fines. The intent is to deter people from lying to bypass firearm restrictions.
Straw Purchasing of Firearms
Straw purchasing occurs when someone buys a firearm on behalf of another person who is legally prohibited from purchasing or owning guns. This offense is taken seriously in Pennsylvania, as it’s viewed as an attempt to sidestep the state’s gun control measures and restrictions on high-risk individuals.
Penalties for Straw Purchasing
Under 18 Pa.C.S. § 6111(g)(3), straw purchasing is a second-degree felony, leading to up to 10 years in prison and substantial fines. The law aims to hold those who enable illegal gun ownership accountable.
Firearms on School Property
Pennsylvania law prohibits firearms on school property or within designated school zones. This law is strictly enforced to maintain safety in educational settings, and even a minor infraction, whether intentional or accidental, can lead to serious legal repercussions.
Penalties for Having a Gun on School Property
18 Pa.C.S. § 912 makes carrying a firearm on school property a first-degree misdemeanor, punishable by up to five years in prison and significant fines. This offense can have a lasting impact on your record and reputation.
Illegally Selling Firearms
The sale and transfer of firearms are highly regulated to prevent unauthorized transactions. Selling firearms without following the proper legal protocols can result in felony charges, even if the seller is unaware of the specific requirements. For example, a private gun owner may decide to sell a firearm to a friend or acquaintance without realizing that this type of transfer requires going through a licensed dealer for a background check.
Penalties for Illegal Gun Sales
Under 18 Pa.C.S. § 6111, engaging in the illegal sale or transfer of firearms is typically classified as a third-degree felony in Pennsylvania. If convicted, this offense can lead to penalties, including up to seven years in prison and fines of up to $15,000. Additionally, a felony conviction results in a permanent criminal record, which can affect future employment and gun ownership rights.
Gun Crime Sentencing in Philadelphia
Philadelphia and surrounding counties like Delaware, Montgomery, Chester, and Bucks enforce stringent sentencing for gun-related offenses, mainly when firearms are involved in other crimes, such as drug trafficking or DUIs. For instance, Pennsylvania has implemented mandatory minimum sentences for specific firearm offenses, including a 5-year minimum for repeat violent offenders caught with firearms.
In most gun cases, sentencing varies depending on the case details, with judges and prosecutors considering factors like criminal history, intent, and offense context. First-time, non-violent offenders may be eligible for probation or diversion programs, whereas repeat offenders or those with additional charges face stricter penalties.
Factors affecting sentencing in gun crimes include:
- Criminal History: Repeat or violent offenders typically face stricter penalties.
- Circumstances of the Offense: Combining gun possession with other crimes, like drug trafficking, can elevate charges.
- Intent and Knowledge: Lack of knowledge (e.g., if a gun was unknowingly left in a car) may reduce penalties.
- Location: Guns in sensitive areas, like schools or airports, often result in stricter sentences.
Can I Legally Carry a Concealed Firearm in Philadelphia?
To legally carry a concealed firearm in the city, you must have a Pennsylvania License to Carry Firearms. Without this, carrying a concealed weapon can lead to felony charges.
What if I’m Arrested with Both a Gun and Drugs in Philadelphia?
If you’re found in possession of both a firearm and drugs in Philadelphia, the charges are compounded. This can result in enhanced penalties, as possessing a firearm during a drug offense is considered an aggravating factor. Charges may range from mandatory minimum sentences for drug-related crimes to additional felony gun charges, leading to potentially years of prison time and substantial fines.
Can I Carry a Firearm in Philadelphia if I’m on Probation?
If you’re on probation, you’re likely restricted from possessing firearms, even if you hold a valid Pennsylvania license. Violating this restriction can lead to a probation violation, additional criminal charges, and revocation of your right to carry, often resulting in further penalties like jail time and fines.
What if I was Arrested with a Gun that I Didn’t Know was in My Possession?
If you were unaware of a firearm in your possession, such as if it was left in your vehicle by someone else, you should immediately inform your attorney. Courts in Philadelphia may consider a lack of knowledge in specific cases, but it’s crucial to have a defense strategy to help establish your lack of intent or knowledge.
Is it Illegal to Openly Carry a Firearm in Philadelphia?
Open carry is restricted in Philadelphia, unlike other parts of Pennsylvania. Outside Philadelphia, open carry is allowed without a license in most Pennsylvania municipalities, if you meet the state’s legal requirements for firearm ownership. However, local ordinances may still impose certain restrictions.
Can I Get My Gun Back if It Was Confiscated?
Whether you can recover a confiscated firearm in Philadelphia depends on the reason it was taken. If seized as evidence in a criminal case, the gun is typically held until the case is resolved and may only be returned if you’re acquitted or charges are dropped. If a conviction leads to losing firearm rights, you are generally ineligible to reclaim it. An attorney can assess your eligibility and help you navigate the petition process if recovery is possible.
What Other Weapons Are Illegal in Philadelphia?
Philadelphia also enforces strict regulations on weapons beyond firearms. Restricted items include certain knives (like switchblades and concealed blades), bludgeoning tools (such as bats or blackjacks if carried with intent to harm), brass knuckles, and offensive weapons like tasers without proper permits. Possessing these items unlawfully or with intent to harm can result in serious charges. Consult an attorney if your charges involve a restricted weapon
Charged with a Gun Crime in Philly? Call Fienman Defense
Gun crime convictions carry severe penalties that can alter your life permanently. Even minor missteps, such as unknowingly carrying a firearm into restricted areas or lacking the proper permit, may lead to felony charges.
If you’re facing a firearm offense in Philadelphia, attorney Michael Fienman has extensive experience in firearm-related cases, including unlicensed possession, permit appeals, and airport firearm incidents. With Fienman Defense, you’ll have knowledgeable support and a fierce advocate to navigate the process, reduce potential penalties, and secure your future.
Reach out online or call (215) 839-9529 for a free and confidential consultation. We’ll review your case, explain your options, and work to achieve your best outcome.
Attorney Michael H. Fienman represents clients in criminal and traffic matters across Philadelphia, Montgomery, Bucks, Delaware, and Chester counties. As an experienced gun rights & firearm defense attorney, Michael is a zealous advocate and fixture in local courts across the region. Attorney Fienman is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the US District Court for the District of New Jersey, and the US District Court for the Eastern District of Pennsylvania.
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