Pennsylvania laws concerning owning and carrying a gun are complicated. For instance, although you need a license to conceal a gun you carry, or to carry a gun concealed or openly in a vehicle, you do not need a license to openly carry a gun in Pennsylvania. However, there may be an exception of openly carrying a gun in Philadelphia.
If you are at risk of being charged with a gun crime, our Upper Merion, PA gun crime lawyers have thorough and intimate knowledge of the gun laws in Pennsylvania and will fiercely defend your rights.
Carrying a Firearm in Pennsylvania
The following is a sampling from a list (and the exceptions to that list) of who may or may not own or carry a gun in Pennsylvania. Our criminal defense lawyers will speak to your specific circumstances during the initial consultation.
Generally, you are not allowed to own or carry a gun if:
- You are a fugitive from justice
- You were convicted of any of a long list of crimes, including murder, burglary, or an offense related to organized crime
- You are legally deemed mentally incompetent or were committed to a mental institution against your will
- You are in the US illegally or unlawfully
- You have been convicted of an offense or condition listed under §6105(b)
Generally, you are allowed to own or carry a gun if:
- You are 18 years of age or older, or a minor under limited circumstances and,
- You are not prohibited from possessing a gun as indicated under §6105 and,
- You have passed the Pennsylvania Instant Check System (PICS) background check
- You are in your home or place of business
- You are 21 years of age or older and licensed to conceal carry
- You are otherwise legally allowed to carry a gun and you may do so openly in Pennsylvania, with the possible exception of Philadelphia
Common Gun Crimes in Upper Merion
Our attorneys stand prepared to offer a strong defense if you were charged with a gun crime, such as:
- Carrying a concealed firearm in your car or on your person without a license — in Pennsylvania, if you do not have a license to conceal carry a gun and you are caught doing so, you may be charged with a first-degree misdemeanor if you have no criminal background, or possibly a third-degree felony if you are not eligible for a license
- Carrying a gun on school property — a gun may not be carried on school grounds unless it is done for a lawful purpose, even if you are otherwise permitted to carry a gun in Pennsylvania, and doing so may carry a minimum first-degree misdemeanor charge
- Carrying a gun while committing a crime or while intending to commit a crime — this charge applies even if you do not use the gun to commit the crime but are simply carrying it while you commit a crime, with a minimum charge likely to be a first-degree misdemeanor
- Use of a gun to injure someone — this would be considered aggravated assault and would usually be a second-degree felony charge
- Buying, selling, repairing, or in any way dealing prohibited offensive weapons — gun-related offensive weapons include a “machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge,” typically carry a first-degree misdemeanor charge
The offenses and charges may vary, depending on the circumstances of your case.
What You Can Expect from Our Upper Merion, PA Gun Crime Attorneys
Our attorneys meet with you to discuss your case. At that time, you simply tell us what happened. We may have questions for you, as you may have for us. If at the end of the consultation you decide you would like us to defend you, we go to the next phase, which looks something like this:
- We investigate the incident with fresh eyes, reviewing the allegations against you and the steps taken by the police to arrive at the charges you face. We determine if your rights were violated or respected, and we scrutinize the process followed by the police to ensure it was followed to the letter of the law. Any misstep or inconsistency may poke a hole in the case they bring against you.
- Based on what we learned during our investigation, we may ask for the charges to be dropped. If they are not dropped, we work with you to develop a reasonable defense.
- If it appears that your case will go to trial, we will negotiate with the prosecution for a reduction of charges and possibly a plea deal. If a deal is offered, we discuss the pros and cons of the plea deal with you, along with the benefits and risks of going to trial.
- Should you decide to go to trial, we represent you in court, using our years of practice in criminal law to defend you.
McKenzie Law Firm, P.C.
David McKenzie founded McKenzie Law Firm, P.C. He began his legal career 20 years ago as an Assistant District Attorney. When he went into private practice, he took that insider knowledge he’d gained from the District Attorney’s office and applied it to what he’d become passionate about — criminal defense.
The accolades we’ve accumulated over the years are nice, but what our clients have to say about their experiences with us is what matters most. We have hundreds of testimonials like the following:
“Excellence in EVERY sense of the word! From the initial Consultation to the Hearings and Conclusion of the case, David McKenzie kept me extremely informed, aware of all possible outcomes and plays, and ultimately resolved my case with the best possible outcome, in my favor! Hands down, he is the absolute BEST! If you are in need of a Criminal Attorney and your freedom in any way has been threatened, look no further! Thank you David for everything!” — Teresa G.
Connect with Our Montgomery County Gun Crime Lawyers Today
We believe you deserve our very best defense, and your Upper Merion, PA gun crime lawyer will provide that every day. Call us today to discuss your case. We want to hear your story and inform you of how we can help.