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The Second Amendment gives us the right to bear arms, but this right must be exercised safely and in accordance with the law. Pennsylvania takes firearm regulations very seriously. Understanding the primary firearm charges is crucial for both residents and visitors. The state enforces several laws regarding the possession and use of firearms.
Main Firearm Charges
The main gun charges in Pennsylvania are outlined in Chapter 61, Article G. They include the following:
- Unlawful possession of a firearm. This charge can apply in situations such as possession by a prohibited person. For example, those with certain criminal convictions, those with restraining orders, and those deemed mentally incompetent are prohibited from possessing firearms. Minors under the age of 18 are generally not allowed to possess firearms except for hunting or target shooting.
- Firearm trafficking. Gun trafficking involves the illegal sale and distribution of firearms. This can include straw purchases, which are when someone buys a gun on behalf of another person who is prohibited from purchasing it themselves. Selling or transferring a firearm without conducting the necessary background checks is also illegal.
- Use of a firearm in the commission of a crime. Using a firearm to commit a crime, such as robbery, assault, or drug trafficking, can lead to enhanced charges and penalties.
- Carrying a firearm in prohibited areas. Pennsylvania law prohibits carrying firearms in certain locations, including schools, school zones, airports, courthouses, and government buildings.
- Reckless or negligent use of a firearm. Discharging a weapon in a populated area or dangerously handling a gun can result in criminal charges. This is true even in situations where no one is injured.
Penalties
Firearm charges can carry significant penalties depending on the nature of the offense and the type of firearm involved. Here are some penalties to be aware of:
- Illegal possession of a firearm. This is typically a second-degree felony, punishable by up to 10 years in prison and a fine of up to $25,000.
- Possession of a firearm by a minor. Minors under 18 years old are generally prohibited from possessing firearms except under specific circumstances, such as hunting or target shooting under adult supervision. Violation of this law is a misdemeanor, and penalties can include detention or juvenile court sanctions.
- Straw purchase. Purchasing a firearm for someone who is prohibited from owning one can result in felony charges. Penalties include up to 10 years in prison and substantial fines.
- Use of a firearm in the commission of a crime. If a firearm is used during the commission of another crime, this can result in enhanced penalties, often including mandatory minimum sentences.
Contact Us Today
Gun laws are stringent in Pennsylvania. Ensure you understand the laws to avoid potential legal trouble.
With Mette, Attorneys at Law on your side, you know you’re in good hands. Our skilled criminal defense lawyer in Harrisburg, PA, will handle all communications, paperwork, and deadlines related to your case. We will also make sure you understand all the legal options available to you. To schedule a consultation, call (717) 232-5000.