FREE CONSULTATIONS

Email or Call (215) 564-0644

    Firearm & Gun Charges

    Pennsylvania Criminal Law Firm – Gun Cases

    “Top Rated Criminal Defense Attorney in Philadelphia” by Super Lawyers (2015-2022)

    Page last updated: November 16, 2021

    Many weapons violations and gun charges arise from complicated situations and are often filed with charges for violent crimes or drug dealing.  A conviction on gun possession charges in Pennsylvania state court can lead to a mandatory minimum sentence of 5 to 10 years in prison.

    Gun charge cases accepted in Philadelphia, Delaware County, Chester County, Montgomery County & Scranton/Lackawanna County. FREE CONSULTATIONS (215) 564-0644

    Latest Post

    Oftentimes, no guns were recovered from the scene of a violent crime or the gun was in another location from where the drugs were being sold. In other situations, violent crime and drug arrests become more serious when firearms are involved. Simple assault can become aggravated assault or even attempted murder. Those accused of violent crimes such as sex offenses, robbery, or domestic violence face the possibility of serving longer sentences in state prison. Even carrying a gun in your car or in public without a license can lead to jail time.

    Have a Skilled Philadelphia Criminal Lawyer Make the Right Constitutional Arguments in Your Gun/Firearm Case

    Unless you have a skilled criminal lawyer who understands the law and your constitutional rights and makes the right arguments, the facts of your case may not matter and a judge can still sentence you to a mandatory minimum sentence or more.  We are familiar with how the police investigate the illegal purchase of firearms so that we know every move the opposing side is making and we can be prepared for the Commonwealth’s arguments and evidence before it is presented in court.

    Related: Traffic Stops – When Can Police Stop a Car in Philadelphia? During traffic stops in Philadelphia, drivers and passengers are often arrested and charged with gun possession offenses. Law enforcement officers routinely conduct stops and search cars, looking for firearms or other weapons. In this legal article, read about the different types of stops and their legality.

    Philadelphia Pennsylvania Criminal Lawyers Who Handle Gun Charge Cases

    The Nenner Law Firm has extensive experience defending clients accused of weapons violations and gun charges. We specialize in both felony and misdemeanor charges, including:

    • Unlawful possession of a firearm
    • Possession of an instrument of crime
    • Violations of the Uniform Firearms Act (See select portions of Sections 6105 and 6106 below).
    • Assault with a deadly weapon
    • Possession of a gun by a convicted felon
    • Straw or illegal purchase of a gun

    Our proven strategies have been successful in getting evidence thrown out and cases dismissed by arguing that the police violated your constitutional rights with an illegal search and seizure; raising doubt over the accuracy of the prosecution’s case; or presenting mitigating circumstances that reduce or even eliminate criminal responsibility.

    Call us today to schedule a free and confidential consultation to discuss your case: (215) 564-0644.

    Pennsylvania Uniform Firearms Act, Sections 6105 & 6106

    *Statutes provided below are current as of Oct. 2021:

    Section 6105. Persons not to possess, use, manufacture, control, sell or transfer firearms.
    Section 6106. Firearms not to be carried without a license.

    Section 6105. Persons not to possess, use, manufacture, control, sell or transfer firearms.

    (a)  Offense defined.–

    (1)  A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.

    (2)  (i)  A person who is prohibited from possessing, using, controlling, selling, transferring or manufacturing a firearm under paragraph (1) or subsection (b) or (c) shall have a reasonable period of time, not to exceed 60 days from the date of the imposition of the disability under this subsection, in which to sell or transfer that person’s firearms to another eligible person who is not a member of the prohibited person’s household.

    (ii)  This paragraph shall not apply to any person whose disability is imposed pursuant to subsection (c)(6).

    (a.1)  Penalty.–

    (1)  Except as provided under paragraph (1.1), a person convicted of a felony enumerated under subsection (b) or a felony under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent Federal statute or equivalent statute of any other state, who violates subsection (a) commits a felony of the second degree.

    (1.1)  The following shall apply:

    (i)  A person convicted of a felony enumerated under subsection (b) or a felony under The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent Federal statute or equivalent statute of any other state, who violates subsection (a) commits a felony of the first degree if:

    (A)  at the time of the commission of a violation of subsection (a), the person has previously been convicted of an offense under subsection (a); or

    (B)  at the time of the commission of a violation of subsection (a), the person was in physical possession or control of a firearm, whether visible, concealed about the person or within the person’s reach.

    (ii)  The Pennsylvania Commission on Sentencing, under 42 Pa.C.S. § 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentencing enhancement for a sentence imposed pursuant to this paragraph.

    (2)  A person who is the subject of an active protection from abuse order issued pursuant to 23 Pa.C.S. § 6108 (relating to relief), which order provided for the relinquishment of firearms, other weapons or ammunition during the period of time the order is in effect, commits a misdemeanor of the first degree if he intentionally or knowingly fails to relinquish a firearm, other weapon or ammunition to the sheriff as required by the order unless, in lieu of relinquishment, he provides an affidavit which lists the firearms, other weapons or ammunition to the sheriff in accordance with either 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or 6108.3 (relating to relinquishment to third party for safekeeping).

    (3)  (i)  A person commits a misdemeanor of the third degree if he intentionally or knowingly accepts possession of a firearm, other weapon or ammunition from a person he knows is the subject of an active protection from abuse order issued pursuant to 23 Pa.C.S. § 6108, which order provided for the relinquishment of the firearm, other weapon or ammunition during the period of time the order is in effect.

    (ii)  This paragraph shall not apply to:

    (A)  a third party who accepts possession of a firearm, other weapon or ammunition relinquished pursuant to 23 Pa.C.S. § 6108.3; or

    (B)  a dealer licensed pursuant to section 6113 (relating to licensing of dealers) or subsequent purchaser from a dealer licensed pursuant to section 6113, who accepts possession of a firearm, other weapon or ammunition relinquished pursuant to 23 Pa.C.S. § 6108.2.

    (4)  It shall be an affirmative defense to any prosecution under paragraph (3) that the person accepting possession of a firearm, other weapon or ammunition in violation of paragraph (3):

    (i)  notified the sheriff as soon as practicable that he has taken possession; and

    (ii)  relinquished possession of any firearm, other weapon or ammunition possessed in violation of paragraph (3) as directed by the sheriff.

    (5)  A person who has accepted possession of a firearm, other weapon or ammunition pursuant to 23 Pa.C.S. § 6108.3 commits a misdemeanor of the first degree if he intentionally or knowingly returns a firearm, other weapon or ammunition to a defendant or intentionally or knowingly allows a defendant to have access to the firearm, other weapon or ammunition prior to either of the following:

    (i)  The sheriff accepts return of the safekeeping permit issued to the party pursuant to 23 Pa.C.S. § 6108.3(d)(1)(i).

    (ii)  The issuance of a court order pursuant to subsection (f)(2) or 23 Pa.C.S. § 6108.1(b) (relating to return of relinquished firearms, other weapons and ammunition and additional relief) which modifies a valid protection from abuse order issued pursuant to 23 Pa.C.S. § 6108, which order provided for the relinquishment of the firearm, other weapon or ammunition by allowing the defendant to take possession of the firearm, other weapon or ammunition that had previously been ordered relinquished.

    (b)  Enumerated offenses.–The following offenses shall apply to subsection (a):

    Section 908 (relating to prohibited offensive weapons).

    Section 911 (relating to corrupt organizations).

    Section 912 (relating to possession of weapon on school property).

    Section 2502 (relating to murder).

    Section 2503 (relating to voluntary manslaughter).

    Section 2504 (relating to involuntary manslaughter) if the offense is based on the reckless use of a firearm.

    Section 2702 (relating to aggravated assault).

    Section 2703 (relating to assault by prisoner).

    Section 2704 (relating to assault by life prisoner).

    Section 2709.1 (relating to stalking).

    Section 2716 (relating to weapons of mass destruction).

    Section 2901 (relating to kidnapping).

    Section 2902 (relating to unlawful restraint).

    Section 2910 (relating to luring a child into a motor vehicle or structure).

    Section 3121 (relating to rape).

    Section 3123 (relating to involuntary deviate sexual intercourse).

    Section 3125 (relating to aggravated indecent assault).

    Section 3301 (relating to arson and related offenses).

    Section 3302 (relating to causing or risking catastrophe).

    Section 3502 (relating to burglary).

    Section 3503 (relating to criminal trespass) if the offense is graded a felony of the second degree or higher.

    Section 3701 (relating to robbery).

    Section 3702 (relating to robbery of motor vehicle).

    Section 3921 (relating to theft by unlawful taking or disposition) upon conviction of the second felony offense.

    Section 3923 (relating to theft by extortion) when the offense is accompanied by threats of violence.

    Section 3925 (relating to receiving stolen property) upon conviction of the second felony offense.

    Section 4906 (relating to false reports to law enforcement authorities) if the fictitious report involved the theft of a firearm as provided in section 4906(c)(2).

    Section 4912 (relating to impersonating a public servant) if the person is impersonating a law enforcement officer.

    Section 4952 (relating to intimidation of witnesses or victims).

    Section 4953 (relating to retaliation against witness, victim or party).

    Section 5121 (relating to escape).

    Section 5122 (relating to weapons or implements for escape).

    Section 5501(3) (relating to riot).

    Section 5515 (relating to prohibiting of paramilitary training).

    Section 5516 (relating to facsimile weapons of mass destruction).

    Section 6110.1 (relating to possession of firearm by minor).

    Section 6301 (relating to corruption of minors).

    Section 6302 (relating to sale or lease of weapons and explosives).

    Any offense equivalent to any of the above-enumerated offenses under the prior laws of this Commonwealth or any offense equivalent to any of the above-enumerated offenses under the statutes of any other state or of the United States.

    (c)  Other persons.–In addition to any person who has been convicted of any offense listed under subsection (b), the following persons shall be subject to the prohibition of subsection (a):

    (1)  A person who is a fugitive from justice. This paragraph does not apply to an individual whose fugitive status is based upon a nonmoving or moving summary offense under Title 75 (relating to vehicles).

    (2)  A person who has been convicted of an offense under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent Federal statute or equivalent statute of any other state, that may be punishable by a term of imprisonment exceeding two years.

    (3)  A person who has been convicted of driving under the influence of alcohol or controlled substance as provided in 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) or the former 75 Pa.C.S. § 3731, on three or more separate occasions within a five-year period. For the purposes of this paragraph only, the prohibition of subsection (a) shall only apply to transfers or purchases of firearms after the third conviction.

    (4)  A person who has been adjudicated as an incompetent or who has been involuntarily committed to a mental institution for inpatient care and treatment under section 302, 303 or 304 of the provisions of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act. This paragraph shall not apply to any proceeding under section 302 of the Mental Health Procedures Act unless the examining physician has issued a certification that inpatient care was necessary or that the person was committable.

    (5)  A person who, being an alien, is illegally or unlawfully in the United States.

    (6)  A person who is the subject of an active protection from abuse order issued pursuant to 23 Pa.C.S. § 6108, which order provided for the relinquishment of firearms during the period of time the order is in effect. This prohibition shall terminate upon the expiration or vacation of an active protection from abuse order or portion thereof relating to the relinquishment of firearms.

    (7)  A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense under sections 2502, 2503, 2702, 2703 (relating to assault by prisoner), 2704, 2901, 3121, 3123, 3301, 3502, 3701 and 3923.

    (8)  A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense enumerated in subsection (b) with the exception of those crimes set forth in paragraph (7). This prohibition shall terminate 15 years after the last applicable delinquent adjudication or upon the person reaching the age of 30, whichever is earlier.

    (9)  A person who is prohibited from possessing or acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to unlawful acts). If the offense which resulted in the prohibition under 18 U.S.C. § 922(g)(9) was committed, as provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to definitions), by a person in any of the following relationships:

    (i)  the current or former spouse, parent or guardian of the victim;

    (ii)  a person with whom the victim shares a child in common;

    (iii)  a person who cohabits with or has cohabited with the victim as a spouse, parent or guardian; or

    (iv)  a person similarly situated to a spouse, parent or guardian of the victim;

    then the relationship need not be an element of the offense to meet the requirements of this paragraph.

    [(d)- (j) intentionally omitted]

    Section 6106. Firearms not to be carried without a license.

    (a)  Offense defined.–

    (1)  Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.

    (2)  A person who is otherwise eligible to possess a valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.

    [(b) – (e) intentionally omitted]

    David S. Nenner

    "Top Rated Criminal Defense Lawyer"
    (2015-2022)

    MURDER, Robbery CHARGES – NOT GUILTY JURY VERDICT (MAY 2021, PHILA)

    Mr. Nenner's client was charged with multiple crimes (murder, conspiracy, aggravated assault, robbery, etc.) after a shooting death occurred at a gambling house in North Philadelphia. At trial, Mr. Nenner successfully presented a self-defense argument and convinced...

    MURDER CHARGE – NOT GUILTY JURY VERDICT (MAY 2021, PHILA)

    Mr. Nenner’s client was charged with murder and gun charges in Philadelphia. The client was accused of shooting and killing another male on Arch Street near the 5600 block of Ithan Street in Philadelphia. The jury returned a verdict of not guilty after deliberating...

    Drug Possession Case – Motion to Suppress Granted

    Mr. Nenner presented evidence that to show that the traffic stop was a pretextual stop. The officer had no reason to pull the car over. The judge agreed and suppressed the evidence. As a result, the prosecution withdrew the charges.

    Attempted Murder Case – Not Guilty Jury Verdict

    Mr. Nenner presented a self-defense argument, and the jury returned a “not guilty” verdict after a 7 day trial in Philadelphia.

    3rd Degree Murder Case – Charges Dismissed for Co-Defendants

    Mr. Nenner represented co-defendants in a shooting death in North Philadelphia. Both cases were ultimately dismissed.

    Philadelphia Criminal Trials – Evidence Pointing to Another Perpetrator in Drug Possession or Drug Manufacture Cases

    In criminal trials in Philadelphia, one pretty common defense tactic is pointing the finger at another person at trial. This can raise enough doubt to result in a not guilty verdict by the judge or jury that the defendant was not the perpetrator of the crime. Here’s...

    Philadelphia Murder & Gun Possession Cases Increasing in 2021 – A Look at Common Charges & Defenses

    A look at PA criminal law for Murder (1st, 2nd, 3rd Degree), Aggravated Assault, Robbery, Possession of a Firearm, Carrying a Firearm Without a License, Carrying a Firearm in Philadelphia (misdemeanor).

    Pennsylvania Murder Charges, Deceased Person’s Statements Used to Prove Guilt

    Defense Trial Strategies – Excluding Statements That Accuse the Defendant Prosecutors often look to a deceased individual’s statements made prior to a murder to show that the defendant is guilty. These statements may point to a history of violence between the deceased...

    Pennsylvania (State) Drug Charges, Dog Sniffs & Constitutional Law

    Federal and Pennsylvania state courts treat narcotics dog searches differently. So different that the same scenario could result in different outcomes in federal versus state court. For example, a Philadelphia resident is pulled over for speeding. During the traffic...

    Dog Sniff Searches of Cars in Pennsylvania Traffic Stops (Federal Law)

    Dog or canine searches of cars during traffic stops in PA often lead to drug possession/dealing charges and gun charges. For example, a police officer pulls over a driver for speeding. During the traffic stop, a canine search is performed revealing several bags of...