Carrying Firearm without License

 

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In Philadelphia you need a valid license or permit to carry a gun. If you are stopped by police and charged with carrying a firearm without a license, the repercussions can include being arrested for additional charges such as creating a public nuisance so you will need an aggressive defense.

What You Need to Know About Firearms Not To Be Carried Without A License

  • You can carry a firearm in your vehicle or concealed on your person if you have a valid license. If you are carrying without a license, you can be charged with a felony of the third degree.
  • You can, however, carry a concealed firearm in you home or fixed place of business.

Those who can carry concealed weapons without a specific license to do so include:

  • Police, sheriffs, jail wardens and deputies, and other law enforcement officers.
  • Members of the army, navy, marine corps, air force or coast guard of the United States or of the National Guard or organized reserves when on duty.
  • Bank employees, agents or messengers whose duties require them to protect money and valuables.
  • Anyone engaged in the business of manufacturing, repairing, or dealing in firearms.
  • People engaged in target shooting with a firearm, if they are going to or from their places of assembly or target practice, and the firearm is not loaded.
  • People with hunting licenses and valid Sportsman’s Firearm Permits who are on their way to hunt.

The rule has other specific exceptions. For example, you can carry a concealed firearm to or from your home or business from the place where you purchased it. However, the gun can’t be loaded and must be in a secure wrapper.

What To Do If You Are Charged

If you are charged with Firearms Not To Be Carried Without A License, you will need to retain an experienced criminal defense attorney as soon as possible.

As with most criminal charges, you should not talk to the police or prosecutors without your attorney by your side. What you say can be taken out of context and used against you. If the police question you, tell them you want a lawyer and politely refuse to answer their questions.

What Your Lawyer Can Do

Your attorney will examine the issues in your case, such as:

  • Determining if you actually do not have a license to carry your gun.
  • Determining if you fall under one of the rule’s exceptions.
  • Determining if the police had probable cause to search you and find the gun.

Your lawyer will be looking at every avenue that can help you, so it’s important that you give them all of the information that can support your case.

Be sure to give your attorney a list of everyone who was a witness to the action that resulted in your charges.

How A Lawyer Will Help

When you are up against a carrying firearms without a license charge, even before your first hearing you will be facing a determined prosecutor. You need a defense attorney who can clearly explain your options and help you achieve the best outcome for your situation.

Pennsylvania Carrying Firearms Without A License Law

Carrying firearms without a license is described and defined under The Pennsylvania Criminal Code under Title 18 Chapter 61. Read the code here.

Questions? Contact us today.

Based on the evidence, Fienman Defense will try to show that that the charges should be dismissed. If the prosecution has a strong case we can negotiate to lower your charges and potential sentence. Should the case go to trial, we will fight to present the strongest defense possible for your situation.