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Philadelphia Gun Laws and Penalties for Illegal Possession

 

Philadelphia Gun Laws and Penalties for Illegal Possession

Gun laws in Philadelphia, Pennsylvania can be pretty complicated for the average person to understand. There are a lot of legal rules about who can and can’t have a gun, what kinds of guns are allowed or prohibited, how you can legally carry or transport a firearm, and what the penalties are if you break these laws.

In this article, I want to break down the key facts about gun laws in Philly in a simple way that everyday folks can understand. We’ll look at who is prohibited from having guns, what the different categories of weapons charges are, what defenses you can use if charged, and what the typical penalties are if convicted of illegal gun possession in Philadelphia. My goal is to explain this complex topic in a helpful and empathetic way, so you can know your rights and hopefully stay out of legal trouble.

Who Is Prohibited from Possessing Guns in Philadelphia?

There are certain groups of people who are not allowed to legally possess firearms in Philadelphia or anywhere in Pennsylvania. Here are some of the main categories:

  • Convicted felons – It is illegal for anyone convicted of a felony crime to possess a gun in Pennsylvania, even if the felony occurred long ago[4].
  • People subject to protection from abuse orders (PFAs) – If you are under an active PFA, you cannot possess guns while it is in effect[5].
  • Fugitives – Being a fugitive from justice makes gun possession a crime.
  • Drug users – Being a regular illegal drug user or addicted makes gun possession illegal.
  • Mentally ill – Those who have been involuntarily committed to a mental institution cannot legally possess guns.
  • Minors – Persons under 18 generally cannot possess handguns with some exceptions like hunting or target shooting with adult supervision[4].

As you can see, the list covers a pretty wide range of people. The bottom line is that if you fall into one of these prohibited categories, do not obtain a firearm because you would automatically be committing a crime under Philadelphia’s gun laws.

Types of Illegal Gun Possession Charges

There are a variety of different offenses you can be charged with related to illegal gun possession in Philadelphia. Some of the most common include:

  • Carrying a firearm without a license – It is illegal to carry a concealed firearm on your person or in your vehicle without a valid PA carry permit[1].
  • Possession of a prohibited weapon – This includes sawed-off shotguns, certain knives, brass knuckles, etc. Modifying guns to be fully automatic is also prohibited[1].
  • Carrying firearms in public in Philadelphia – You need a license to openly carry a firearm on Philadelphia streets or property unless exempted[5].
  • Providing false information – Lying on a gun permit application or background check is a crime.
  • Transfer to a prohibited person – Selling or giving guns to someone you know is prohibited is illegal.

As you can see, many charges relate to not having a valid license for the gun, carrying or using a prohibited type of gun, or providing false information to obtain a gun. The penalties get more severe if the person is already prohibited from having firearms.

Penalties for Illegal Gun Possession

The penalties for gun possession offenses depend on the specific charge and your criminal history. But generally:

  • Carrying a concealed weapon without a license is a misdemeanor offense punishable by up to 5 years in prison[2].
  • Possession of a prohibited weapon can be a misdemeanor or a felony with up to 10 years in prison[2].
  • Possession of a firearm by a prohibited person is a second degree felony with up to 10 years in prison[2].
  • Providing false information on a gun application is a third degree felony with up to 7 years[3].

As you can see, some gun charges like possession by a felon are very serious felonies with lengthy prison terms. Even misdemeanor offenses can result in jail time of a year or more. The penalties go up if you have prior gun convictions.

Defenses to Illegal Gun Possession Charges

If you’ve been accused of illegally possessing a firearm in Philadelphia, there may be defenses your criminal defense lawyer can raise on your behalf, such as:

  • You had a valid license to carry the gun
  • The gun was not yours or you did not knowingly possess it
  • You fall under an exemption (like transporting to a shooting range)
  • The police violated your rights in their search

An experienced Philadelphia gun crimes lawyer will thoroughly analyze the facts of your case to determine if any viable defenses exist. For example, if the police did not have probable cause for the search that found your gun, the evidence may be suppressed.

What to Do If Charged with Illegal Gun Possession

If you have been arrested and charged with an illegal firearms offense in Philadelphia, here are some important tips:

  • Remain silent and avoid answering police questions without a lawyer present.
  • Hire an experienced Philadelphia gun crimes defense attorney as soon as possible.
  • Follow your lawyer’s advice about whether to fight the charges at trial or try to plea bargain.
  • If convicted, your lawyer may help get your gun rights restored after your sentence.

An experienced criminal defense lawyer can thoroughly review your case, advise you of your rights and defense options, and represent your best interests every step of the way. In many cases, they can negotiate reduced charges or dismissal of gun possession cases.

Conclusion

I hope this overview has helped explain the basic facts about Philadelphia gun laws and penalties for illegal possession. There are many technicalities about precisely when and where you can legally possess firearms in Philly. If you have any uncertainty, talk to a criminal defense lawyer before obtaining or carrying a gun.

The penalties for violating the city’s gun laws can be severe, especially for someone already prohibited from weapons. But an experienced attorney can challenge the charges and work to protect your rights. Don’t take chances with your freedom. Contact a lawyer right away if you’ve been arrested for illegal gun possession.

 

References

[1] https://criminallawpennsylvania.com/philadelphia-gun-lawyer/possession-prohibited-weapon/

[2] https://www.wimmercriminaldefense.com/practice-areas/criminal-defense/gun-possession-defense/

[3] https://criminallawpennsylvania.com/philadelphia-gun-lawyer/common-charges/

[4] https://www.wimmercriminaldefense.com/philly-gun-possession-penalties/ 

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