Gun Possession Laws and Potential Charges: The Basics of What You Need to Know in Bucks County and Statewide
To get a professional consultation about Weapons Possession and Gun Possession in Bucks County, contact experienced PA Gun Possession Attorneys.
Pennsylvania law, like the laws in most jurisdictions, is fact intensive as far as whether you are in violation of one of their gun possession laws. The law in the state allows for jail sentences for using a gun in the commission of a crime and also in some cases for mere possession. Your best course is to immediately contact a lawyer specializing in weapons possession crimes if you are charged with such an offense.
Like many states Pennsylvania law has mandatory criminalization for mere possession of a firearm and where a weapon is used in the commission of a crime. By statute there are mandatory minimum sentences. If a gun was alleged to have been used in the commission of a crime, your incarceration time will be increased if you receive a conviction. Say for example a gun was used in a felony possession with intent to deliver drugs crime, you will add a minimum of 50 months to your sentence. The amount of drugs could be minute but the inclusion of a gun raises your potential criminal exposure.
Beyond just drug offenses, if you are alleged to have used a gun when causing or attempting to cause bodily harm, the assault will rise to Aggravated Assault. Say also you have previously been convicted of a felony (gun related or not) and you are subsequently found possessing or using a gun, you are potentially guilty of a second degree felony for doing no more than owning or using. This strict law holds true for people with multiple drunk drivings, any drug offense that may be subject to two years imprisonment or if you are subject to an active Protection From Abuse (PFA) Order. If you have a criminal record, it’s a really good idea to be fully aware of your gun possession rights because generally they are stricter then if you have no record.
From the point of view of a lawyer, there are multiple ways to defend a person against weapon’s related charges. One of the most common and most potentially damaging to a prosecution is when the lawyer moves the court to suppress the gun. This means that it can’t be used as evidence against you. Normally the argument is that it was acquired as a result of an illegal search and seizure. Whether this is the case and you have a winning argument on these grounds depends mostly on the facts.
There are a series of questions related to the facts of your situation that your lawyer will seek out answers for in preparing your defense:
- Was there a search done of your vehicle or dwelling after your arrest?
- Were you already taken into custody (this includes being locked in in a police car) when the gun was found?
- We’re drugs found near a gun in the car?
- Did you make suspicious movements that were intended to conceal something in the car while the police approached the car?
- Were you actually aware of the presence of a firearm in your dwelling when it was found?
- Are you the actual owner of the gun used in a drug offense while in possession of a gun?
- Was the search undertaken by the authorities unconstitutional and or illegal?
There are many avenues of attack but the facts need to line up properly which makes it highly imperative you get your situation into the hands of a competent legal professional without hesitation.
