Philadelphia Criminal Defense Attorney Explains State Court Gun Crimes

Firearms charges in Philadelphia courts can carry serious consequences. In Philadelphia, lawmakers, judges, and prosecutors have made curtailing gun violence a top priority. Philadelphia is the only county in Pennsylvania to require a permit for open carry, and makes the getting a permit difficult. Those prohibited from having firearms due to prior convictions or other similar reasons face harsh penalties for possessing firearms at all.

Individuals charged with state court firearm offenses may face mandatory prison sentences, felony convictions, loss of firearm rights, and other substantial long-term consequences. Because of the severity and complexity of Pennsylvania’s firearm laws, anyone accused of a gun crime should consult with an experienced Philadelphia criminal defense lawyer immediately.

The Pennsylvania Uniform Firearms Act, codified at 18 Pa.C.S. Chapter 61 governs most Pennsylvania gun crimes. These laws regulate firearm possession, licensing, transportation, prohibited persons, and firearm transfers. State firearm arrests often arise from traffic stops, vehicle searches, search warrants, narcotics investigations, domestic disputes, or allegations involving violent crime.

One of the most serious Pennsylvania firearm charges is persons not to possess firearms under 18 Pa.C.S. § 6105. This statute prohibits certain individuals from possessing, using, controlling, selling, or transferring firearms. Prohibited persons may include individuals convicted of specified felony offenses, certain misdemeanor domestic violence offenses, drug offenses, or individuals subject to certain protection orders or mental health commitments.

A conviction under § 6105 is generally graded as a felony and may carry substantial prison exposure depending on the defendant’s prior record and the underlying disqualifying offense. Prosecutors must typically prove that the defendant knowingly possessed or controlled the firearm and that the defendant fell within one of the prohibited categories under the statute.

Pennsylvania also criminalizes carrying a firearm without a license under 18 Pa.C.S. § 6106. Under this statute, it is generally illegal to carry a concealed firearm on one’s person or in a vehicle without a valid license to carry firearms. In many Philadelphia gun prosecutions, charges under § 6106 arise during traffic stops or vehicle searches where police allegedly recover firearms from cars or from concealed locations on an individual.

Another commonly charged offense is carrying firearms on public streets or public property in Philadelphia under 18 Pa.C.S. § 6108. Unlike most other counties in Pennsylvania, Philadelphia has its own firearm-specific statute due to its status as a city of the first class. Under § 6108, carrying a firearm on the public streets or public property in Philadelphia generally requires a valid license to carry firearms, even if the firearm is otherwise lawfully owned.

Pennsylvania prosecutors also frequently pursue charges for possession of a firearm with altered manufacturer’s number under 18 Pa.C.S. § 6110.2. Prosecutors charge this offense when a firearm’s serial number has been altered, removed, or obliterated. Because so-called “ghost guns” have become a growing focus of law enforcement investigations, these charges have become increasingly common in recent years, and tend to be dealt with more harshly by judges and prosecutors.

Charges related to illegal firearm transfers under 18 Pa.C.S. § 6111 are also common in Philadelphia. Pennsylvania law regulates firearm sales and transfers and generally requires handgun transfers between private parties to occur through licensed firearm dealers or sheriff’s offices, subject to limited family exceptions. Allegations involving straw purchases or unlawful transfers can result in serious felony charges. A straw purchase refers to when a person buys a firearm for another person who cannot themselves lawfully purchase a firearm.

Pennsylvania firearm cases sometimes accompany other offenses such as narcotics trafficking, aggravated assault, robbery, burglary, or homicide. In violent crime cases, prosecutors frequently seek sentencing enhancements based on firearm possession or alleged firearm use during the commission of an offense. Even in cases where no actual firearm is ever recovered, testimony, video, or expelled projectiles or casings can result in the filing of firearm charges.

Mandatory minimum sentencing provisions may also apply in certain cases. For example, 42 Pa.C.S. § 9712.1 imposes mandatory sentencing provisions for certain drug trafficking offenses committed in conjunction with firearm possession. Prosecutors frequently attempt to use these enhancements to increase sentencing exposure in narcotics and firearm prosecutions.

A motion to suppress evidence is often the most important step in a gun crimes case. If the prosecution cannot meet its burden of proving the weapon in question was lawfully found, it can be suppressed, leaving no evidence. An experienced Philadelphia gun crimes defense attorney carefully examines every aspect of the case for constitutional violations and weaknesses in the government’s evidence. One of the most important defense strategies in firearm cases involves challenging unlawful searches and seizures under the Fourth Amendment and Article I, Section 8 of the Pennsylvania Constitution. Firearms are frequently recovered during traffic stops, pedestrian stops, vehicle searches, or searches of homes. If police lacked reasonable suspicion, probable cause, or a valid warrant, a defense lawyer may seek suppression of the firearm and related evidence.

The defense can also challenge knowing possession at trial in gun possession cases. Prosecutors often rely on theories of constructive possession, particularly when a firearm was discovered inside a vehicle or shared residence. Simply being present near a firearm does not automatically establish possession. A defense attorney may challenge whether the defendant actually knew about the firearm or exercised dominion and control over it. This can be true whether or not there is another person who could have possessed the firearm – more than one person can possess a firearm, but the prosecution must prove knowledge.

In addition, experienced defense counsel may investigate whether the defendant lawfully qualified for an exemption or valid firearm license, whether law enforcement violated constitutional rights during questioning or arrest, and whether forensic evidence properly links the firearm to the accused.

Gun crime convictions in Pennsylvania can carry devastating consequences beyond incarceration, including permanent felony records, immigration consequences, loss of firearm rights, employment barriers, and other harm. Early intervention by an experienced Philadelphia criminal defense lawyer is critical to protecting constitutional rights, challenging the prosecution’s evidence, and pursuing the strongest possible defense in state court firearm cases.

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