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    Top Philadelphia & Pennsylvania Gun and Firearm Legal Articles

    Top Philadelphia Criminal Lawyer David Nenner

    FREE CONSULTATIONS – (215) 564-0644

    “Top Rated Criminal Defense Attorney in Philadelphia” by Super Lawyers (2015-2020)

    About David S. Nenner – Philadelphia Criminal Lawyer

    David Nenner has over 30 years of legal experience handling criminal matters in the Philadelphia area including the suburbs. He focuses on major felony cases including murder, drugs and weapons charges in state and federal court.

    In order to best understand your rights, call attorney David Nenner and request a FREE initial consultation. 215.564.0644

    Pennsylvania Criminal Law: Gun & Weapons

    Latest Post:

    gun firearm charges philadelphia paVUFA Charges

    In Pennsylvania, one of the most common gun or firearm charges is VUFA (Violation of the Uniforms Firearms Act).  These cases typically involve someone with a felony record who is found in possession of a firearm on their person, their car or their home. In addition, other charges are often filed, such as drug possession or drug dealing charges. The sentences for VUFA convictions, especially for repeat offenders, are particularly serious.

    Other Firearm Criminal Cases in PA

    Other state offenses for gun or firearm possession include concealed weapon charges (third degree felony) or carrying a defaced gun or firearm with an altered serial number (second degree felony). This article explains these various charges. Philadelphia Criminal Lawyer Discusses Weapons and Gun Charges

    Defense to Gun or Weapon Possession Charges

    Successfully defending a gun or weapon charge case in Philadelphia requires thorough investigation. Someone charged with possession may have a valid defense that they did not knowingly possess the gun. For instance, someone arrested while driving a friend’s car may have a valid defense that they didn’t know there was a gun in the car. Additionally, there are various constitutional violations that can result in evidence being thrown out of the case. See below.

    More: Philadelphia Murder Charges Often Go Hand in Hand with Firearms and Drug Charges

    Search & Seizure – Motions to Suppress Evidence Due to Constitutional Violations by Police

    • Traffic Stops – When Can Police Stop a Car in Philadelphia? (May 9, 2019) During traffic stops in Philadelphia, drivers and passengers are often arrested and charged with gun possession offenses. Officers routinely conduct stops and search cars, looking for firearms or other weapons. This article explains the legality of different types of stops.
    • Vehicle Stop & Seizure in Criminal Drugs/Guns Cases in Pennsylvania In Philadelphia guns/firearm and drug cases, oftentimes the guns and drugs are found in a vehicle stop and search.  Individuals have a constitutional right to be free from unreasonable searches and seizures.  When this right is violated, defendants may file a motion to suppress the gun and drugs found during the stop and seizure.  Read more here.

    Serious Consequences and Prison

    If convicted at trial for gun, weapon and/or other violent crimes, defendants face serious punishments.  In 2013, the U.S. Supreme Court made significant changes to sentencing laws in drug-gun cases.  Prior to 2013, a prosecutor in a Philadelphia gun or firearm case involving drugs was only required to provide notice before sentencing that the prosecutor’s office intended to seek the mandatory minimum sentence.  Prosecutors only had to prove by a preponderance of the evidence that the defendant possessed a gun to a judge.

    The Supreme Court held that proving the sentencing factor by any standard less than beyond a reasonable doubt to a judge and not a jury was unconstitutional because it violated the defendant’s 6th amendment right to a jury trial.

    This changed the lives of many convicted defendants who were serving the mandatory minimum sentence of 5-10 years.  Cases were appealed and the defendants were able to be resentenced.

    Click here to see all other Philadelphia, PA criminal defense legal articles.

    Last reviewed and updated: August 15, 2020

    David S. Nenner

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

    MURDER, Att. Murder CHARGES – Negotiated Significantly Lower prison sentence (Feb. 2022, PHILA)

    Mr. Anderson faced murder and attempted murder charges after an incident in Northeast Philadelphia involving the shooting death of Anderson’s sister’s boyfriend and the boyfriend’s roommate who was shot 5 times and survived. The decedent had previously beaten the...

    Att. MURDER CHARGES – NOT GUILTY JURY VERDICT (April 2022, PHILA)

    The Commonwealth alleged that Mr. Shelton shot and seriously injured a male in a bar in North Philadelphia called Circles. There was video of the shooting which happened outside the bar. However, Mr. Nenner presented witnesses who testified that the person in the bar...

    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.

    Drug Charges in Philadelphia PA State Court – Possession of a Controlled Substance

    In most criminal drug cases in Philadelphia, there are two common charges or offenses: Possession of a Controlled Substance and Possession of a Controlled Substance with Intent to Deliver. In addition to these drug charges, there are other drug related charges, such...

    Drug Charges in Philadelphia PA State Court – What is “Possession”

    Page last reviewed and updated: October 20, 2019 One of the most common types of criminal state (PA) cases in Philadelphia is possession of drugs. Possession of a Controlled Substance (PCS) and Possession of a Controlled Substance with Intent to Deliver (PWID) often...

    Pennsylvania Second Degree Murder (AKA: Felony Murder) Law

    Philadelphia criminal lawyer David S. Nenner discusses the current status of second degree murder law in Pennsylvania. This is also known as the felony murder rule. Get info about PA court decisions and the agency theory. Not every case of death during the commission of a felony will result in a second degree murder conviction in PA.

    Philadelphia Murder Cases – Police Investigation Tactics

    Questioning Police Officer Tactics in Philadelphia Murder Cases Within the last 10 years, there have been several murder Philadelphia criminal cases in which the accused individuals were acquitted of the crimes. In these cases, the individuals spent months, if not...

    Murder Charges in Pennsylvania – Murder Law in Pennsylvania

    An explanation of Pennsylvania murder laws including Section 2502. What is murder in the first degree, murder in the second degree and murder in the third degree. Get a summary of the definitions under Pennsylvania criminal law.