Possession of Firearm Prohibited
In Pennsylvania, as in most other states, you are prohibited from carrying a gun if you have been convicted of violent felonies like murder, robbery and aggravated assault. Pennsylvania law also forbids you to own a firearm if you fall under specific categories that include people who are subject to domestic abuse protection orders.
What You Need To Know About Possession of a Firearm Prohibited
In Pennsylvania, you are not allowed to possess a firearm if you have been convicted of felony crimes such as:
- Voluntary or involuntary manslaughter with the reckless use of a firearm
- Aggravated assault
- Possessing a weapon on school property
- Impersonating a law enforcement officer
- Unlawful weapon sales
Some of those prohibited from possessing a firearm are:
- Fugitives from justice
- People convicted of serious drug crimes
- People who are adjudicated as incompetent or involuntarily committed to mental institutions
- Illegal aliens
- People who are dishonorably discharged from the US armed forces
- Those convicted of drunk driving on three or more separate occasions within a five-year period
- Someone who is subject to a Protection from Abuse Order (PFA)
You have 60 days after you have been convicted of an offense listed above to sell or transfer your firearms.
Being convicted of possessing a firearm when you are prohibited from doing so is a felony. If you are carrying a gun and have been ordered by a PFA not to do so, you are facing a misdemeanor of the first degree.
What To Do If You Are Charged
If you are charged with Possession of a Firearm Prohibited, you will need to retain an experienced criminal defense attorney very quickly.
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:
- Do you actually fall under a category of people prohibited from gun ownership?
- Was the gun really yours?
- Did the police have probable cause to look for the weapon?
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.
How A Lawyer Will Help
When you are up against a Possession of a Firearm Prohibited 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 Possession of a Firearm Prohibited Law
Possession of a firearm prohibited 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.