Firearm Possession Lawyer in State College, PA
The Second Amendment’s right to keep (own) firearms is largely unrestricted. But the right to bear (carry) firearms is closely regulated, especially in Pennsylvania, which has some of the most restrictive weapons possession laws in the country. Even a technical or non-malicious violation has severe direct and collateral consequences.
The dedicated defense lawyers at Decker Bradburn work hard to reduce or eliminate these harsh consequences. Many people believe that illegal possession offenses are open-and-shut matters. However, in reality, illegal possession cases have many moving parts. If prosecutors cannot establish every element beyond a reasonable doubt, the defendant is not guilty as a matter of law.
Possession Restrictions
According to pundits, Pennsylvania’s restrictive gun control laws have kept gun violence injuries in State College well below the national average. That connection might or might not be true. But a State College, PA firearms offense lawyer deals with facts, not opinions. Here are some key facts about Pennsylvania’s gun control laws.
A relatively new provision, passed in 2018, requires Pennsylvania Instant Check System (PICS) criminal background checks before handgun purchases. The law includes sales by licensed dealers at venues such as gun shows. This restriction, along with many others, typically does not apply to rifles, shotguns, and other long guns.
About the same time, Pennsylvania lawmakers included the list of prohibited firearm owners to include:
- Persons with felony convictions, even non-violent felony convictions
- Certain domestic abuse convictions
- Active protection-from-abuse orders
- Mentally ill individuals (as determined by a competent court)
- Fugitives from justice (i.e., people with outstanding warrants)
- Undocumented immigrants
- Some people have multiple DUI convictions in a short time period
Domestic battery is a hot-button issue in this state. Persons convicted in domestic abuse cases must surrender firearms within twenty-four hours of conviction.
Pennsylvania is a “must-issue” state. An application must be processed (processing includes up to forty-five days for investigation) unless there is “good cause” to deny it. Applicants must meet character and safety criteria.
Open carry is generally legal without a license throughout the state, except in Philadelphia, which requires a permit for both carrying openly and transporting a firearm in a vehicle.
Significantly, the state does not have an extreme risk protection (red flag) law. Courts currently lack the broad power to temporarily remove firearms from individuals deemed dangerous, absent other legal proceedings.
Additionally, Pennsylvania has preemption laws. With the notable exception of the Philadelphia law, municipalities generally cannot enact their own firearm or ammunition regulations beyond those established by state law. Local ordinances attempting stricter rules often get struck down in court.
Possible Defenses
Illegal weapons possession cases usually boil down to what lawyers refer to as the “three Ps” of possession. In court, the state must:
- Produce the Weapon: Generally, police officers must have valid search warrants to seize contraband, including illegal weapons. A few limited exceptions apply in specific cases, such as reasonable suspicion stop-and-frisk searches and searches with the owner’s consent.
- Prove it Was Illegal: Pennsylvania, like many other states, prohibits weapons possession in certain areas, with strings attached. For example, Private property owners (such as businesses and places of worship) can post a “no firearms” sign. Usually, the owner must also ask the person to leave. Posting a sign, by itself, usually does not hold up in court.
- Establish Possession: This P often comes up in vehicle possession cases. Criminal possession requires proximity, exclusive control, and actual knowledge. If Amy were using her husband’s car and she did not know there was a gun in the glove compartment, the state may be hard-pressed to establish possession.
Pretrial diversion and deferred disposition are typically available in cases involving illegal weapons possession. If defendants jump through a few hoops, which may include probation, the court dismisses the case, leaving the defendant with no conviction record.
Reach Out to a Hard-Working Centre County Lawyer
Your worst moment never defines who you are. For a confidential consultation with an experienced criminal defense lawyer in State College, PA, contact Decker Bradburn, Attorneys at Law, by visiting our website or calling 814-308-8895. We address the direct and collateral consequences of criminal cases affecting college students.