Common Criminal Cases in Philadelphia – Gun Charges

One of the most common types of criminal cases in Philadelphia is a gun case. In this article, we will discuss gun charges and related penalties.

Pursuant to Pennsylvania criminal law, it is illegal for individuals to carry a firearm without a license or permit. In addition, individuals who were previously convicted of a felony may not possess a firearm. Violation of this law is also known as Violation of the Uniforms Firearms Act (UVFA).

Section 6105 of Pennsylvania Uniform Firearms Act of 1995 (Act) provides:

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).

Defendants convicted of guns and firearms charges face penalties ranging from probation or a fine, to up to 10 years in prison for certain offenses under the Act.

In Philadelphia, gun charges are often associated with other serious crimes, such as Possession with Intent to Deliver (PWID) drugs, robbery and kidnapping. In such cases, defendants face lengthy prison time.

Defenses to Gun Cases

There are defenses to gun charges. If an individual is charged with illegal gun possession, the prosecution must prove that they seized the gun legally. Like drug possession cases, if the police found the gun or firearm due to an illegal search, the gun/firearm may be suppressed, resulting in the prosecution withdrawing the case.

If you face Philadelphia gun charges, call our experienced Philadelphia criminal defense lawyers. Mr. Nenner offers a FREE initial consultation. 215.564.0644

David S. Nenner

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