Violating State Gun Possession Laws
American citizens are granted the right to own and carry firearms by the Second Amendment of the U.S. Constitution, but that right is not unlimited. Pennsylvania has its own laws regarding gun ownership, and violation of these laws can carry heavy penalties, including years in prison and fines in the tens of thousands of dollars range.
At Miele & Rymsza, P.C., based in Williamsport, Pennsylvania, our attorney, Edward J. Rymsza, is experienced in defending clients facing misdemeanor and felony gun possession charges. Firearms-related criminal cases often hinge on circumstances unique to the situation, so our firm is ready to thoroughly examine the state’s case against our client to check for weaknesses that can be used as leverage in negotiations with the prosecutor.
An Overview Of Pennsylvania’s Gun Laws
Pennsylvania’s gun laws are not the strictest in the nation, but they are also not lax in any sense of the term. The state has a 48-hour waiting period before purchasing a gun, and while residents may “open carry” in a visible holster anywhere except Philadelphia, concealed carry of a weapon requires a License to Carry Firearms (LTCF) permit. Residents can apply for the LTCF permit in the county where they live, and must be 21 to make the application.
Disqualification from carrying firearms after a criminal conviction is based largely on the type of conviction. Some felonies do not prevent gun ownership, while some misdemeanors do. If you have a previous criminal conviction, you should consult a lawyer about your gun rights. The following persons are banned from gun ownership or possession in the state:
- A young adult under the age of 18
- Someone convicted of a violent criminal charge (misdemeanor or felony)
- Undocumented immigrants
- Fugitives from justice
- Residents convicted of three DUI charges within five years
- A person subject to an active protection from abuse order