Pittsburgh Weapons Charges Attorney

Types of weapons charges and severity of penalties

The severity of penalties and sentences depends on many factors, but the wording of the charge you have been arrested and prosecuted for plays the most vital role. Let’s review the most common gun charges in Pennsylvania and outline penalties for each of them:

• Illegal possession of a gun or firearm. In Pennsylvania, those who have been convicted of a felony are prohibited from carrying a firearm. In fact, Pennsylvania law requires you to transfer or sell your firearm within 60 days of being convicted of an offense. A Possession of a Prohibited Firearm conviction will be charged as a felony. “Also, do keep in mind that you may be prohibited from carrying a firearm if you are under a Protection From Abuse (PFA) order,” warns our experienced weapons charges attorney in Pittsburgh. “A violation of PFA is charged as a first-degree misdemeanor.”
• Repairing, selling, using, or possessing an illegal offensive gun or firearm. Unless you are a law enforcement officer or carry a license permitting you to carry one, Pennsylvania law prohibits repairing, selling, using, and possessing an illegal offensive weapon or firearm, including but not limited to bombs, grenades, machines guns, daggers, knives, razors, metal knuckles, sawed-off shotguns with a barrel less than 18 inches, Tasers or other electric stun guns that can inflict serious bodily injury, and many others. This one is charged as a first-degree misdemeanor, which carries a $10,000 fine and up to five years in prison.
• Intention to use a weapon during criminal activity. In Pennsylvania, you are facing a first-degree misdemeanor charge for intention to use a weapon during a criminal activity (robbery, assault, etc.), even if the weapon is not loaded or you did not use the weapon in the course of the criminal activity.
• Carrying a weapon without a valid license. Although Pennsylvania law permits gun owners to keep their weapon inside their home or place of business, it is prohibited by law to carry a firearm inside your vehicle, attached to a leg holster, in a purse or any other concealed place unless you have a valid license. This one is charged as a third-degree felony, which is punishable by a $15,000 fine and up to seven years in prison. Your Pittsburgh weapons charges lawyer can reduce your penalty to a first-degree misdemeanor if you would have been eligible to obtain a license (but did not do so for some reason) and have no prior criminal record.
• Illegal sale of weapons. While you may have a license to sell firearms in Pennsylvania, there are many laws and rules you will have to comply with to avoid being prosecuted for illegal sale of firearms. For example, you cannot sell a weapon to a person unless you waited 48 hours (failure to comply will be charged as a second-degree misdemeanor). If you sell a firearm to a person under the age of 18, you will be charged with a first-degree misdemeanor.
• Carrying a weapon on school property. In Pennsylvania, it is prohibited by law to carry a firearm on or anywhere near school property, including public and private elementary schools and secondary schools. Violation of this law will be charged as a first-degree misdemeanor (up to five years in prison and a $10,000 fine).