Philadelphia Weapons Charges Defense Lawyer

The “right to bear arms” is enshrined in the Second Amendment. However, in many circumstances, it is constitutional for the government to charge a person with a gun crime, such as possession of a firearm. Gun-related criminal charges are very serious because, in both federal and state court, a conviction can lead to many years in prison. If you have been charged with gun possession or other weapons crimes in the Philadelphia area, you need aggressive legal representation on your side.

The attorneys at the Law Office of Lonny Fish are highly experienced in handling misdemeanor and felony weapons cases and know how to effectively develop a defense to a gun charge. If you or a family member was arrested and charged with weapons possession or related crimes, contact us as soon as possible for legal help. To set up a free and confidential legal consultation with our Philadelphia weapons possession lawyers, call our law offices at (215) 826-3314 today.

Federal, State, and Philadelphia Gun Laws

The federal government has a number of laws regulating gun ownership, possession, and sale. They typically make it illegal for a person who has been convicted of certain crimes to possess or own a gun. Additionally, both federal and state laws regulate who can sell guns to whom and how they must do so, making so-called “straw purchases” illegal. The laws also prohibit the possession or use of guns during the commission of certain crimes, which can enhance (extend) a defendant’s sentence if he or she is found guilty.

The courts generally allow the states and the federal government to regulate the possession, sale, and use of firearms. The states often require permits to carry a handgun in a variety of situations. For instance, in Pennsylvania it is lawful to carry a handgun without a permit, so long as (1) it is legal for you to possess the gun, and (2) the gun is not concealed, meaning other people can see it or you do not have it in a car.

Additionally, certain towns and cities in Pennsylvania have their own laws regulating gun ownership. For example, Philadelphia has a special law which requires you to have a permit even if you are carrying the gun in the open. The laws are very complex, and how they apply can vary on a case-by-case basis, which is one of the reasons it is so critical to be defended by a knowledgeable and experienced gun possession defense lawyer.

Criminal Penalties for Weapon Possession in Philadelphia

Penalties for using a firearm in furtherance of certain crimes require a mandatory minimum five-year sentence. The minimum five-year sentence must be consecutive to any other sentence imposed. As you can see, federal gun charges have the potential to significantly increase prison time.

Sentencing can also be harsh at the state level. In Pennsylvania, for example, a violation of the Uniform Firearms Act (“VUFA”) can carry a prison sentence of:

• Up to 7 years, if the defendant is convicted of carrying the gun concealed without a permit.
• Up to 10 years, if the person arrested is a felon who is not supposed to own or possess a gun.

What are the Consequences of a Weapons Charges Conviction?

The consequences of a weapons charges conviction can be detrimental. Along with the penal penalties, there can be social changes and punishments. Some of these changes include job loss, family stress, and social isolation. A weapons charges lawyer in Philadelphia, PA can help you navigate these difficult waters by protecting your rights as a gun owner.

The Second Amendment protects our right to bear arms, but there are still laws regulating the ownership and use of firearms. When these laws are violated, the consequences can be severe. If you’ve been charged with a weapons offense, it’s important to understand the potential penalties you’re facing so that you can make the best possible decisions for your future.

Under the Uniform Firearms Act of PA, the use of force for self-defense is only justifiable when an individual reasonably believes that it’s necessary to protect themselves from death, serious bodily injury, kidnapping, rape, or other forcible crimes. Use of deadly force is only allowed when an individual reasonably believes that it’s necessary to prevent death or serious bodily injury.

A conviction for a weapons offense can result in jail time, probation, and a criminal record. You may also lose your right to possess or own a firearm in the future. In some cases, a weapons offense can be classified as a felony, which can have even more serious consequences.

One of the harsher charges for a gun-related offense is a third-degree felony. A third-degree felony is punishable by up to seven years in prison and a fine of up to $15,000. If you’re facing weapons charges, it’s important to understand the severity of the situation and the potential penalties you’re facing.

You Can Lose Your Rights to a Gun if Convicted

A conviction for a weapons charge can have serious consequences. In addition to jail time and fines, you may also lose your right to own a gun. If you’re a gun owner, it’s important to have an experienced lawyer on your side who can help you avoid a conviction.

The team at Liberty Law has extensive experience in defending clients against weapons charges. We know the law and we know how to build a strong defense. Contact us today to schedule a consultation.

When is it Illegal to Possess a Weapon in Philadelphia?

In Pennsylvania, it is illegal for an individual to possess a gun if he or she has been convicted of certain criminal offenses in the past. Typically, crimes which bar an individual from possessing a gun are violent crimes (such as assault), burglary, and drug dealing, among others.

Once again, there are also federal laws dealing with restrictions on gun possession. Generally, people who cannot possess guns under federal law include individuals who:

• Have been convicted of a felony, which is typically defined in federal law as a crime punishable by more than one year of incarceration.
• Have been convicted of certain misdemeanors, with some exceptions.
• Have been convicted of a crime of domestic violence.
• Are fugitives from justice.
• Unlawfully use certain types of drugs.
• Have documented mental illness.
• Are non-U.S. citizens, or have renounced U.S. citizenship.

Philadelphia Weapons Crimes Our Lawyers Defend Against:

Our criminal lawyers have spent many years defending clients in cases involving the alleged illegal possession, use, and sale of firearms. These cases can range from an allegation of illegally concealing a weapon without a permit, to a more complex “straw purchase” situation, where a firearm is purchased with the intention of providing it to someone who is not legally allowed to possess the gun, to federal prosecutions alleging wide-scale illegal gun possession and sale.

Whatever circumstances surround your case, our skilled defense lawyers are prepared to protect your legal rights. The team at Liberty Law Firm is dedicated to defending the rights of gun owners. We have experience defending clients against a wide range of weapons charges, including:

• Carrying a concealed weapon without a permit
• Possession of an unlicensed firearm
• Illegal possession of a firearm
• Possession of a firearm by a convicted felon
• Brandishing a weapon
• Discharging a weapon in public
• Unlicensed concealed weapon

Defenses Available Against Weapons Charges in Philadelphia

The most common weapons charge is for a firearm. This includes firearms being carried without a license. Other common forms of weapons charges are possession as an instrument in a crime, prohibited offensive weapon, or prior felon not to possess.

A weapons charges lawyer in Philadelphia, PA can provide many legal services to clients who have been accused of a crime involving a weapon. The first step that an attorney will take is to determine whether the client has a valid defense under Pennsylvania law. If so, the lawyer will work to get the gun charges dismissed or reduced.

A lawyer will typically work to get the charges dismissed or reduced by reviewing the evidence against the client and looking for any potential flaws. If there is no evidence to support the charges, the lawyer may be able to get the case dismissed.

There are many defenses to these charges, beginning with possession. If an item is not on one’s person, the government must prove beyond a reasonable doubt that it was constructively possessed. To prove constructive possession, one must prove that one has the knowledge, dominion, and the intent to exercise control over that item.

Also, if charged with a firearm, the government must prove that the item fits the legal definition of a firearm. Often, the government may charge you with a firearm when one isn’t recovered. Among other things, for an item to be a firearm according to some charges, it must have a particular barrel length and be operable (or depending on the charge, be easily made operable).

Additionally, if one is charged with possessing a firearm without a license, it must also be proven that they were not in their home or curtilage of that home, so long as the individual is eligible to possess.

Even if a firearm has been recovered, it may be the result of an unlawful search and seizure. If items were recovered as a result of an unlawful search and seizure, them, and their fruits would be prohibited at trial.

In order to be convicted of some of these charges, the government must prove that an individual had the requisite intent. Some forms of these offenses require “knowing” or “intentional” possession and others only require “reckless” possession. If you are charged with a crime that requires knowing or intentional possession and the government cannot prove that beyond a reasonable doubt, then you are entitled to an acquittal.

Also, some forms of these offenses only require that one has possessed the weapon for a particular amount of time before a conviction can occur. For example, Pennsylvania law prohibits certain individuals from possessing firearms if they have been convicted of an offense punishable by imprisonment exceeding one year within the past ten years. However, the government must prove that an individual possessed the firearm within that ten-year period. If they cannot do so, then you are not guilty of the offense.

Lastly, if convicted of some of these offenses, one may be subject to the Pennsylvania mandatory minimum sentencing laws. However, there are exceptions and ways of minimizing or avoiding these harsh penalties. If the client is convicted, the lawyer will negotiate with prosecutors for a lenient sentence. If there is some evidence but it is weak, the lawyer may be able to negotiate a plea bargain with prosecutors that results in a reduced charge or sentence.

An experienced lawyer will review your case and work with you to develop a customized legal defense strategy based on the unique facts and circumstances of your case.

Our Philadelphia Weapons Defense Lawyers Can Help

Our Philadelphia criminal defense lawyers aggressively analyze all legal and factual issues in your case. The goal is to identify weaknesses in the prosecution’s case, whether it be a legal deficiency in the government’s search, a lack of a factual element required by the law, or a wrinkle in the sentencing guidelines.

At the Law Office of Lonny Fish, we know that there is more than one way to achieve a good result – and we pursue it aggressively. For a free legal consultation, call our law offices immediately at (215) 826-3314.