Guns & Firearms Charges Defense Attorneys

Ownership and possession are not necessarily the same thing under Pennsylvania criminal law. 

In some cases, prosecutors may attempt to establish what is known as constructive possession. This can become an issue when a firearm is discovered somewhere other than directly on a person’s body, such as inside a vehicle, home, bag or other location accessible to more than one person. 

The fact that you were near a firearm does not necessarily establish that you possessed it. Pennsylvania courts have explained that constructive possession requires proof that a person had both the intent and the ability to exercise control over the item. 

That means the circumstances surrounding where the firearm was found, who had access to the location and what evidence connects a particular person to the firearm can be important. 

The defenses available in a firearms case depend on the specific charge and the evidence. Some of the questions a criminal defense attorney may examine include: 

Was the Search or Seizure Lawful? 

The Fourth Amendment protects individuals against unreasonable searches and seizures. 

If police discovered a firearm during a traffic stop, vehicle search, search of a residence or other encounter, an attorney can examine whether law enforcement had the legal authority to conduct the search and seize the firearm. 

When evidence is obtained in violation of constitutional protections, there may be grounds to ask the court to suppress that evidence. 

 Can the Prosecution Prove I Possessed the Firearm? 

When a firearm is not found directly on a person, possession can become an important issue. 

A firearm discovered in a shared vehicle, residence or other location does not automatically establish who possessed it. The prosecution must be able to prove the required elements of possession beyond a reasonable doubt. 

Was I Legally Prohibited from Possessing a Firearm? 

A prohibited-person charge may depend on a prior conviction or another legal restriction. 

An attorney can examine the alleged basis for the prohibition and determine whether it applies to your circumstances. 

Did an Exception to the Licensing Requirement Apply? 

Pennsylvania law contains exceptions to its firearm licensing requirements in certain circumstances. 

Whether an exception applies depends on the facts. An attorney can review where the firearm was located, why it was being transported or carried and whether the circumstances fall within an exception recognized by Pennsylvania law. 

Can the Prosecution Prove Every Element of the Charge? 

An arrest is not a conviction. 

The Commonwealth has the burden of proving each required element of a criminal offense beyond a reasonable doubt. A defense attorney can evaluate the evidence, identify weaknesses in the prosecution’s case and determine what defenses or other legal options may be available. 

Not without speaking with an attorney first.

You have constitutional rights even if you have not been arrested or formally charged.

If police want to question you about a firearm, where it came from, who owns it, whether you knew it was present or another incident involving the firearm, statements you make could become evidence in a criminal investigation.

Speaking with a criminal defense attorney before answering questions can help you understand your rights and avoid making decisions without knowing their potential consequences.

As soon as possible after contact with police or after learning that you may be under investigation.

You do not need to wait until formal charges have been filed.

Early involvement gives an attorney an opportunity to understand what is happening, advise you before you make statements or other decisions, preserve potentially important information and begin evaluating the circumstances surrounding the investigation.

If you have already been charged, contacting an attorney promptly can also give you more time to understand the allegations, the evidence and what comes next.

Pennsylvania generally requires a valid license to carry a firearm concealed on your person or in a vehicle, although the law provides exceptions in certain circumstances. Whether a license was required and whether an exception applies should be evaluated based on the specific facts of the case.

Pennsylvania recognizes certain out-of-state licenses or permits, but recognition depends on Pennsylvania’s reciprocity laws and other requirements. Do not assume that an out-of-state permit automatically allows you to carry a concealed firearm in Pennsylvania.

Yes. Certain criminal convictions and other circumstances can prohibit firearm possession under Pennsylvania or federal law. Because eligibility can depend on the particular conviction and other factors, an attorney can review your history and the alleged basis for the prohibition.

The answer depends on several factors, including why the vehicle was stopped, why police conducted the search, where the firearm was found, who had access to it and whether the person accused of possessing it was legally permitted to do so. The legality of the stop and search may also need to be examined.

Yes. Firearms allegations can accompany other charges, including drug or assault charges. When that happens, the evidence and circumstances surrounding all of the allegations should be considered together as part of the defense strategy. 

Speak with an attorney before answering questions about the firearm or making statements about ownership, possession or how it came to be where police found it. Even statements intended to clear up a misunderstanding may have legal consequences.