Navigating Firearm and Weapon Laws in Pennsylvania

Understanding Your Second Amendment Rights and Legal Limits

The Second Amendment of the U.S. Constitution guarantees every American the right to own and carry arms. In Pennsylvania, however, this right is governed by a range of regulations. Violating firearm and weapon laws can result in serious criminal charges, from misdemeanors to felonies, carrying penalties like lengthy jail sentences and significant fines.

A conviction for these offenses can have lasting consequences, potentially revoking an individual’s right to legally possess a firearm in the future and severely impacting their employment prospects. This underscores the importance of immediately seeking skilled legal counsel if you are accused of any firearm or weapon-related crime.

Why Choose Logue Law Group as Your Legal Advocate?

Sean Logue of the Logue Law Group possesses deep knowledge and expertise in Pennsylvania’s firearm and weapon laws. He is dedicated to ensuring his clients face the least severe consequences possible for any alleged offense. Our team is ready to meticulously review your case to pursue a charge reduction or complete dismissal. For a free, confidential consultation to discuss your legal options, contact our Mercer criminal lawyer team today.

Important Legal Definitions to Understand

Pennsylvania’s legal system defines various firearms and weapons specifically under state law. Grasping these definitions is essential for understanding the charges you may face.

• Deadly Weapon: Any instrument that can cause death, whether designed as a weapon or used as one.
• Firearm: A weapon that fires one or more projectiles through an explosive action. This includes both loaded and unloaded firearms, and even those that are temporarily inoperable but can be easily repaired.
• Handgun: Any firearm designed to be used with one hand, including individual parts that can be assembled into one.
• Semi-Automatic Weapon: A firearm that discharges one cartridge for each pull of the trigger and automatically loads the next round.
• Automatic Firearm: A weapon capable of firing multiple rounds with a single pull of the trigger. This also includes semi-automatic firearms modified to fire more than 31 rounds without reloading, excluding those chambering .22 caliber ammunition.
• Short-Barreled Firearm: A rifle with a barrel shorter than 16 inches or a shotgun with a barrel shorter than 18 inches, or any firearm with an overall length below legal limits.
• Zip Gun: An improvised firearm or a device not originally designed as a weapon but adapted for such use, like an industrial tool modified to function as a firearm.
• Explosive Device: Any device designed to cause damage through an explosion, such as bombs and similar items, including manipulated pressure vessels.
• Incendiary Device: An item intended to cause damage through fire, including firebombs and other fire-starting tools.
• Ballistic Knife: A knife with a blade that can be ejected by a spring-loaded mechanism.
• Offensive Weapons: This broad category includes bombs, grenades, machine guns, sawed-off shotguns, and other implements of combat. A Mercer DUI lawyer can clarify how possession of such items can complicate a case.

Understanding the nuances of these definitions and the laws associated with them can be overwhelming. If you are facing charges or need more information, consulting an experienced legal professional is a critical step.

Firearm and Weapon Laws in Mercer

In Mercer, the possession and use of firearms and other weapons are governed by state laws. These regulations outline various weapon-related offenses. Understanding these is vital for any weapon owner in Mercer. Here is a simplified overview of key statutes.

Carrying a Concealed Weapon

Carrying a concealed weapon without a valid license is a serious offense with escalating penalties based on the circumstances.

• General Offense: Typically a misdemeanor.
• During a Police Stop: The charge can escalate if the person fails to keep their hands visible, reaches for the weapon, or ignores an officer’s commands.
• Aggravating Factors: It becomes a more serious felony if the individual has prior violations, the weapon is loaded, or if the weapon is classified as an offensive weapon. A Mercer criminal lawyer can explain these distinctions.

Possession of a Firearm on Prohibited Premises

It is illegal to possess a firearm in certain locations, such as court facilities, schools, or establishments that serve alcohol, without proper authorization. The severity of the charge often depends on whether the firearm was intentionally carried or concealed.

Unlawful Transportation or Possession in School Zones

Carrying a deadly weapon or offensive weapon in a school safety zone is a felony. The charge can be upgraded to a higher-degree felony for individuals with previous convictions. Our Mercer DUI lawyer team understands how these charges can affect your life.

Having Weapons While Under Disability

Certain individuals are prohibited from acquiring, carrying, or using any firearm. This law applies to those who:

• Are fugitives from justice.
• Have a felony conviction for violence or drug offenses.
• Are dependent on drugs or are habitual drunkards.
• Have been adjudicated as mentally incompetent or have been involuntarily committed to a mental institution.

Violating this statute is a third-degree felony. A Mercer criminal lawyer can provide guidance if you fall into one of these categories.

Understanding Pennsylvania Firearm and Weapon Laws Simplified

Pennsylvania’s firearm and weapon laws are designed to promote public safety. While these regulations can seem complicated, understanding the key violations and their potential consequences is crucial for responsible gun ownership. Breaking these laws can lead to severe penalties.

Key Violations and Their Consequences

• Altering or Obscuring Marks of Identification on a Firearm: It is illegal to possess a firearm if its manufacturer’s marks have been tampered with or removed. This is a felony of the second degree.
• Providing Firearms to Minors: An adult who provides a firearm to an individual under 18 commits a misdemeanor, which can escalate to a felony under certain conditions. Any Mercer DUI lawyer will advise you that this is a serious charge.
• Possession of an Instrument of Crime: Owning any item with the intent to use it for criminal purposes is illegal. This is typically a first-degree misdemeanor.
• Underage Firearm Possession: It is illegal for a person under 18 to possess a firearm, with some exceptions for supervised activities like hunting or target shooting.

Defending Against Firearm and Weapon Charges in Pennsylvania

If you are charged with a firearm or weapon violation, several defenses may be applicable. A knowledgeable Mercer criminal lawyer can explore these options with you.

• Self-Defense or Defense of Others: You acted to protect yourself or another person from harm.
• Defense of Property: You used the weapon to protect your property.
• Duress or Coercion: You were forced to commit the offense against your will.
• False Accusation: The claims against you are baseless.
• Illegal Search and Seizure: Evidence was obtained through an unlawful search.
• Item is Not a Weapon: The object in question does not meet the legal definition of a weapon. A Mercer DUI lawyer can help argue this point.
• Lack of Evidence: There is insufficient proof to support the charge.
• No Intent to Harm: You did not intend to use the weapon unlawfully.
• Mistaken Identity: You were incorrectly identified as the perpetrator.
• Unknowing Possession: You were not aware that you possessed the weapon.
• Valid License to Carry Firearms: You hold a lawful license issued in Pennsylvania.

Seeking Legal Help in Mercer

If you are facing accusations related to weapon or firearm charges, it is crucial to consult with a skilled Mercer DUI lawyer immediately. At Logue Law Group, we pride ourselves on clear and open communication. We are here to answer every question and address all your concerns about your case. A skilled lawyer can also provide assistance.We serve clients throughout the greater Mercer area. Contact us at 412.389.0805 for a complimentary legal consultation. Our legal team is dedicated to providing the support you need to effectively navigate these challenges and protect your rights. Our experienced Mercer criminal lawyer is ready to help.