Navigating Firearms Use While Intoxicated Charges in Mercer, PA

The Legal Landscape of Using a Weapon While Intoxicated

In Mercer, it is illegal to handle a weapon while under the influence of alcohol or drugs. However, there are specific circumstances and legal defenses that could significantly impact your case if you are arrested for this offense.

We respect the constitutional right to bear arms, but we also recognize the serious risks involved when firearms are used by individuals impaired by alcohol or drugs. Such situations can lead to accidental harm or even fatal outcomes for innocent people. Our legal team of Mercer DUI lawyers approaches each case impartially, with the goal of resolving your weapons-related charges in the most effective manner.

If you’re facing allegations of using a weapon while intoxicated, our priority is to protect your rights, your freedom, and your Second Amendment privileges. With a history of managing numerous similar cases, our defense team is known for achieving successful legal outcomes for clients facing serious criminal accusations. A knowledgeable Mercer criminal lawyer can provide essential guidance.

Our Logue Law Group’s Foundation of Success

Our lead attorney, Sean Logue, establishes a high standard of legal excellence that is upheld by our entire team of legal professionals. Your future and freedom are too important to leave to chance. If you have been arrested for using a weapon while under the influence, our attorneys are prepared to help. Contact us today for a thorough discussion of your arrest, the charges you face, or your upcoming court appearance at 412.389.0805.

Understanding Pennsylvania’s Laws on Firearms Possession and Use

Pennsylvania’s laws regarding firearms are relatively permissive compared to other states. Authorized gun owners are permitted to openly carry a loaded firearm, and a license is not required for this.

However, transporting a firearm in a vehicle comes with specific rules. If you do not have a License to Carry Firearm, the weapon must be unloaded and the ammunition stored separately. A Mercer DUI lawyer can clarify the nuances of these transport laws.

The minimum age to purchase a long gun (like a rifle or shotgun) is 18. For handguns, the buyer must be at least 21 years old. Exceptions exist for lawful activities such as hunting or marksmanship competitions, as outlined in state law. Selling firearms to individuals who do not meet these age requirements can lead to serious felony charges.

“Persons Not to Possess, Use, Manufacture, Control, Sell or Transfer Firearms” Regulation

Under Pennsylvania law (18 Pa.C.S. § 6105), certain individuals are legally prohibited from owning, carrying, or using firearms. This includes those who are:

• Fugitives from justice
• Convicted of a violent felony or certain other enumerated offenses
• Adjudicated as mentally incompetent or involuntarily committed to a mental institution
• Habitual drunkards, or addicted to or an unlawful user of any controlled substance

Violating this statute, which includes any attempt to purchase, own, or carry a firearm, can result in severe felony charges. A skilled Mercer criminal lawyer can help you understand your rights if you fall into one of these categories.

Understanding Drugs of Abuse and Firearm Use

In Pennsylvania, it is illegal to use a firearm while under the influence of alcohol or a “drug of abuse.” But what does the law consider a drug of abuse? The definition is broad and includes three main categories:

A. Dangerous Drugs

These are medications that can impair your judgment, physical coordination, or mental faculties. They include:

• Prescription drugs that carry a warning from the U.S. Food & Drug Administration (FDA) about potential impairment.
• Any injectable medication that is not available over-the-counter.
• Certain controlled prescription medications, like some anti-seizure drugs.
• Biological products, such as insulin.

B. Controlled Substances

The U.S. Department of Justice classifies many drugs as controlled substances. This list includes but is not limited to:

• Marijuana
• Cocaine
• Heroin
• Ecstasy (MDMA)
• Morphine
• Peyote
• Methamphetamine
• Adderall
• Fentanyl
• Oxycodone
• LSD

C. Misused Over-the-Counter Medicines

Pennsylvania law also recognizes that misusing non-prescription drugs can lead to impairment. If these drugs affect your ability to safely handle a weapon, you could face charges. Common over-the-counter drugs that can cause impairment include:

• Allergy medications
• Cold medicines that cause drowsiness
• Caffeine pills or other stimulants
• Sleep aids

A Mercer DUI lawyer can help build a defense if your charges stem from the use of prescribed or over-the-counter medication.

Penalties for Firearms Use While Intoxicated

If you are convicted of using a firearm while under the influence in Pennsylvania, the penalties can be severe. Even a first-degree misdemeanor can result in up to five years in jail and a fine of up to $10,000. Other potential consequences include:

• Background Checks: A misdemeanor conviction will appear on background checks, which can affect your ability to obtain licenses, visas, and employment.
• Community Service: The court may order you to complete a specific number of community service hours.
• Loss of Firearm Rights: A conviction could lead to being declared ineligible to own a firearm, especially if you are deemed a habitual drug or alcohol user.
• Probation: You may be subject to community control measures after any jail time is served.

Courts will take into account whether you are a first-time or repeat offender when determining your sentence. A Mercer criminal lawyer can work to minimize these penalties.

Legal Defenses for Using a Weapon While Intoxicated

An experienced attorney might challenge the prosecution’s case by arguing that evidence was obtained unlawfully, which is known as an evidentiary defense. A procedural defense might argue that the law was not applied correctly, such as if there were unreasonable delays in your trial.

Furthermore, common law defenses may be applicable, suggesting that while you broke the law, your actions were justifiable under the circumstances. These include:

Self-Defense

This defense argues that using the weapon while intoxicated was necessary to protect yourself from immediate danger. Witness testimony or video evidence can support this claim.

Defense of Another

This defense justifies the use of a weapon while intoxicated to prevent harm to another person, whether it’s a friend, family member, or a stranger.

Necessity/Lesser Harm

You may be able to avoid a conviction if you can prove your actions prevented a more significant harm, such as disarming someone who was making threats.

Excusable Conduct Defenses

These defenses contend that it would be unjust to convict you due to the specific circumstances. A Mercer DUI lawyer can help determine if any of these apply.

• Mistake of Fact: You genuinely believed your actions were justified at the time.
• Involuntary Intoxication: You unknowingly consumed alcohol or drugs that were given to you without your consent.
• Insanity: You were unable to understand the nature of your actions due to a severe mental condition.
• Duress: You were forced to use or carry a weapon while intoxicated to avoid harm to yourself.

Understanding Your Firearm Rights After a Conviction in Mercer, Pennsylvania

The aftermath of a conviction for using a weapon while under the influence can be confusing, particularly concerning your right to own firearms in Mercer, Pennsylvania. A Mercer criminal lawyer can help you navigate these complex regulations.

The Impact of a Conviction on Firearm Ownership

A conviction for handling a weapon while intoxicated is often graded as a misdemeanor, not a felony. This is a critical distinction because a misdemeanor conviction alone does not automatically result in the loss of your firearm rights.

Key Considerations:

• A felony conviction, especially for a violent crime, will almost certainly eliminate your right to own or possess firearms. The law prohibits firearm ownership for convicted felons, fugitives, and those with active arrest warrants.
• The state may classify you as a “person not to possess” if you are a habitual drunkard, a user of illegal drugs, or have been adjudicated as mentally incompetent. However, participating in a drug treatment program does not automatically disqualify you from owning a firearm.
• A specialized Mercer DUI lawyer with experience in gun-related offenses can provide crucial guidance on Pennsylvania’s intricate laws.

Essential Resources for Weapon Use While Intoxicated in Mercer

Understanding the law and knowing where to find support can make a significant difference. Here are some valuable resources:

• Public Health Reports Study: This study analyzes the intersection of alcohol consumption and firearm use across the United States.
• Department of Drug and Alcohol Programs (DDAP): This Pennsylvania agency offers comprehensive support for residents dealing with addiction.
• Crime Victims Compensation Assistance Program: This program provides assistance, including financial support, for victims of crime through the Pennsylvania Commission on Crime and Delinquency.
• Pennsylvania Game Commission Hunter-Trapper Education: A mandatory course for new hunters in Pennsylvania required to obtain a hunting license.

Frequently Asked Questions

Is using a weapon while intoxicated a felony in Pennsylvania?

This offense is typically charged as a misdemeanor, though the grading can vary. It is not automatically a felony.

What are the penalties for a conviction?

Penalties can include up to five years in prison and fines up to $10,000 for a first-degree misdemeanor.

Are there defenses against these charges?

Yes, potential defenses include self-defense, defense of another, or challenging how your arrest was conducted and how evidence was collected. A Mercer criminal lawyer can evaluate your case.

What if I was involuntarily intoxicated?

Being drugged without your knowledge can be a valid defense if you were carrying a firearm at the time.

Do I need a lawyer for a misdemeanor charge?

Given the potential for a significant prison sentence and other penalties that can affect your employment and rights, seeking legal representation from a Mercer DUI lawyer is highly advisable.

Seeking Legal Assistance in Mercer, PA

Our Logue Law Group is dedicated to supporting individuals from all walks of life who are facing legal challenges. With the complexities of the Pennsylvania Crimes Code and the criminal justice system, having experienced legal counsel is essential. Our Mercer criminal lawyers work diligently to negotiate with prosecutors, identify procedural or evidentiary defenses, and strive to mitigate the consequences of a conviction. Our primary goal is to protect your rights and achieve the most favorable outcome for your case.For a comprehensive, no-obligation consultation, contact our Logue Law Group today at 412.389.0805. Our award-winning team is ready to defend your rights and guide you through every step of the legal process.