Defending Against Firearms Offenses in Pennsylvania

Firearms offenses in Pennsylvania carry significant penalties that can affect your freedom, finances, and ability to possess firearms in the future. At DiFiore, Levin and Brittenburg, LLC, we understand the complexities of Pennsylvania gun laws and provide aggressive defense strategies for individuals charged with firearms-related crimes. Whether you are facing accusations of unlawful possession or carrying a concealed weapon without a permit, our experienced attorneys are here to protect your rights.

Under Pennsylvania law, certain individuals are prohibited from owning or possessing firearms. These include individuals convicted of certain crimes, those subject to restraining orders, and individuals with specific mental health commitments. Being charged with unlawful possession as a prohibited person is a serious offense that often results in felony charges.

• Challenging the Prohibited Status: We thoroughly review the circumstances of your alleged prohibited status. If the prohibition arises from a prior conviction, we verify whether the underlying conviction meets the legal criteria for disqualifying firearm possession.
• Questioning the Evidence of Possession: Possession must be proven beyond a reasonable doubt. We analyze whether the firearm was under your control, if you had knowledge of its presence, or if someone else could have been responsible.
• Raising Constitutional Challenges: We examine whether law enforcement violated your Fourth Amendment rights by conducting an illegal search or seizure. If your rights were violated, we will move to suppress the firearm as evidence.
• Exploring Restoration of Rights: For clients whose prohibited status stems from outdated or improper records, we pursue the legal process to restore their firearm rights, including expungement or pardon petitions.

In Pennsylvania, carrying a concealed firearm without a valid license is a serious offense. This charge applies even to individuals who lawfully own the firearm but fail to obtain the necessary permit for concealed carry. The penalties can range from misdemeanor charges to felony convictions, depending on the circumstances.

• Determining Permit Status: We investigate whether you held a valid permit at the time or if the firearm was lawfully registered. Administrative errors or lapses in renewal may provide grounds for dismissal or reduced charges.
• Challenging the Stop and Search: Many concealed carry charges arise from traffic stops or other encounters with law enforcement. We scrutinize whether the stop and subsequent search of your person or vehicle complied with constitutional standards.
• Proving Lack of Intent: If the firearm was discovered in your vehicle or accidentally concealed, we argue that there was no intent to carry it unlawfully. We may also demonstrate that the firearm was being transported in compliance with Pennsylvania’s exceptions for traveling with firearms.
• Negotiating Lesser Penalties: For first-time offenders, we work to secure reduced charges, alternative sentencing options, or enrollment in diversion programs that avoid long-term consequences

Pennsylvania has numerous laws regulating the possession, transfer, and use of firearms. Violations of these laws can carry severe penalties, including substantial fines, imprisonment, and the loss of firearm rights. At DiFiore, Levin and Brittenburg, LLC, we provide skilled defense for a wide range of firearms-related charges. Below, we expand on specific offenses we frequently defend.

Pennsylvania law prohibits transferring or selling firearms without following proper procedures, such as conducting background checks and ensuring legal eligibility. Charges often arise from private sales, failure to comply with state and federal registration requirements, or misunderstandings about gun ownership laws.

• Verifying Compliance with Laws: We examine the circumstances of the transaction to determine whether you followed proper procedures and whether the alleged violation was due to a misunderstanding or clerical error.
• Challenging Evidence of Intent: Intent is critical in these cases. We argue that any alleged mistakes were unintentional and lacked criminal intent.
• Addressing Entrapment Claims: In cases involving sting operations, we investigate whether law enforcement used entrapment tactics to induce unlawful activity.
• Negotiating Resolutions: For first-time offenders, we work to negotiate reduced charges or alternative sentencing options, such as education programs on firearm laws.

A straw purchase occurs when someone buys a firearm for another person who is prohibited from possessing it. Federal and state laws impose strict penalties for these offenses, often resulting in felony charges.

• Evaluating the Transaction: We carefully review the purchase documentation and the nature of the relationship between the buyer and recipient to determine whether the prosecution’s case holds merit.
• Proving Lack of Knowledge: We argue that the buyer was unaware of the recipient’s prohibited status, a critical element in proving a straw purchase.
• Challenging Evidence of Intent: Intent is often inferred from circumstantial evidence. We counter these inferences with evidence showing that the purchase was legitimate or that the accused acted without malicious intent.
• Reducing Consequences: In some cases, we negotiate with prosecutors to reduce charges or penalties, especially for clients who made honest mistakes.

Under Pennsylvania law, individuals under the age of 18 are generally prohibited from possessing firearms, except under specific circumstances, such as hunting or training under adult supervision. Violations of these laws can lead to juvenile or even adult criminal charges.

• Investigating Exceptions: We examine whether the minor’s possession of the firearm falls under an exception to the law, such as lawful hunting, target shooting, or participation in a training program.
• Highlighting Lack of Harm: If no one was harmed and the possession was inadvertent or for a legitimate purpose, we argue for leniency and reduced penalties.
• Protecting the Future: For minors, we focus on minimizing the long-term impact of the charges, such as avoiding a permanent criminal record through diversion programs or juvenile court resolutions.
• Parental Advocacy: We assist parents in understanding their child’s rights and options, advocating for solutions that protect the child’s future.

Philadelphia enforces stricter firearms regulations than the rest of Pennsylvania, including requirements for reporting lost or stolen firearms and additional restrictions on carrying and transporting guns within the city limits. Violations of these laws can lead to severe penalties.

• Understanding Local Ordinances: We analyze the specific Philadelphia ordinance alleged to have been violated and determine whether it conflicts with state or federal laws.
• Challenging Evidence: We scrutinize the evidence to ensure it was obtained lawfully and meets the burden of proof required to secure a conviction.
• Arguing Preemption Laws: Pennsylvania state law preempts many local firearm ordinances. We argue that any Philadelphia-specific law conflicting with state law is unenforceable.
• Seeking Resolution: In cases involving technical violations, such as failure to report a lost firearm, we negotiate with prosecutors to resolve the case without severe penalties or criminal convictions.

At DiFiore, Levin and Brittenburg, LLC, we provide thorough and personalized defense strategies for all firearms-related offenses. If you are facing charges, contact us immediately to schedule a consultation. We will evaluate your case, identify the best course of action, and work tirelessly to protect your rights, freedom, and future.