In Allentown, Pennsylvania, citizens have the right under Pennsylvania law and the U.S. Constitution to carry a firearm. However, this right does come with some limitations, particularly if you are planning to concealed carry the gun, as opposed to carrying it openly in a holster. It is essential to understand the ways that federal and state laws limit your right to carry a firearm, or else you could end up charged with a serious crime. Many gun possession crimes in Pennsylvania are felonies that come with harsh penalties and sentences that could impact not only your future ability to bear arms, but also your life and liberty in general. It is essential if you are facing gun possession charges to contact an attorney immediately.
At Young Marr & Associates, we have a team of veteran Allentown gun possession charge attorneys who are ready and able to defend you if you are charged with possession of a firearm. The sooner you contact us, the sooner we will be able to understand the particulars of your case and advise you on the best steps to take to fight gun possession charges in Allentown. Call us for a free legal consultation at (215) 372-8667.
Types of Gun Possession Charges in Allentown
There are a variety of different circumstances in which an individual can be charged with gun possession in Allentown. The list below is not exhaustive, as there are many other specific circumstances under both state and federal law where an individual can be charged with illegal possession of a firearm. It is best to consult with a knowledgeable attorney like those at Young Marr & Associates before attempting to possess or carry a gun in Allentown.
Possession of a Concealed Firearm Without a Permit (18 Pa.C.S. § 6106)
It is usually perfectly legal to openly carry a gun in your home or business without a permit in the Commonwealth of Pennsylvania. Outside of the City of Philadelphia, it is also legal to openly carry your gun without a permit, i.e., in a holster where the public can see it. However, a permit is required anytime you concealed carry a gun. Any time you have the gun with you in your vehicle, it also qualifies as concealed carry.
Under 18 Pa C.S. § 6106, a person caught carrying a concealed gun without a license will be charged with a first-degree misdemeanor if they have no criminal record and would have otherwise qualified for a gun license. If the person does have a criminal record of any sort, they will be charged with a third-degree felony instead.
Possession of a Firearm with the Intent to Use it for Criminal Activity (18 Pa.C.S. § 907(b))
Even if a gun is properly registered, you can be charged with wrongful possession if the police believe you intended to use the gun for criminal activity like a carjacking or murder. This charge can be filed even if the gun was not loaded, was broken, or was never actually used so long as the intent to use it was present.
This charge is a misdemeanor of the first degree.
Possession of a Firearm with an Altered Serial Number (18 Pa.C.S. § 6110.2)
If the gun you were carrying has a serial number that has been altered or removed in any way, you can be charged with unlawful possession. This is true even if you were unaware that the serial number had been altered.
This charge is a second-degree felony.
Possession of a Firearm by a Person Prohibited by Law (18 Pa.C.S. § 6105)
If you have been convicted of any offense listed in subsection (b) of 18 Pa.C.S.§ 6105, you are prohibited from carrying a firearm or obtaining a license to do so. This list includes nearly all felonies, along with some misdemeanors. You are also prohibited from possessing a firearm if you were convicted of 3 or more DUIs within 5 years or convicted of a federal or state drug crime punishable by more than 2 years in prison. Furthermore, if you have a protective order filed against you or if you have been adjudicated mentally incompetent by the state, this section forbids you from owning a firearm.
This charge is a second-degree felony.
Penalties for Gun Possession Crimes in Allentown
As you can see, gun possession charges range from misdemeanors to felonies. As detailed below, each of these charges can result in severe consequences, including prison time and large fines.
- Prison Sentence: Up to 5 years
- Fines: Up to $10,000
- Prison Sentence: Up to 7 years
- Fines: Up to $15,000
- Prison Sentence: Up to 10 years
- Fines: Up to $25,000
These fines and penalties are not always the final penalty you will face. The penalties can be reduced in many cases if you do not have a prior record or if the circumstances of the crime show you did not mean to do anything illegal. Sometimes penalties can also be increased if you have a prior record or were charged with additional offenses at the same time. Because of this, it is vital to have an attorney represent you in your case and at sentencing.
Our Experienced Allentown Gun Possession Attorneys are Ready to Fight for Your Right to Bear Arms
If you face any of these gun possession charges or any other gun possession charges we did not discuss above, it is important to contact an experienced attorney like those at Young Marr & Associates as soon as possible. Our compassionate and understanding attorneys will walk you through the steps you need to take to protect your rights and get the best possible outcome for your case. We will conduct a thorough investigation and make sure every angle of your gun possession case has been exhaustively researched. If you have been charged with gun possession in Allentown or are concerned about potentially facing such a charge, call our Allentown gun possession charge attorneys today at (215) 372-8667 for a free consultation.