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Can Felons Possess Firearms?

Pennsylvania law prohibits certain people from possessing firearms in the Commonwealth. A person who violates the law faces serious consequences. Our criminal defense attorneys in Pennsylvania can help you fight back against charges of being a felon in possession of a firearm.

Can a felon possess a firearm in Pennsylvania?

It is against the law for a felon to possess a firearm in the Commonwealth of Pennsylvania. Pennsylvania law Title 18, Chapter 65 § 6105 prohibits individuals with certain convictions from lawfully possessing a gun. In addition to a felony conviction, there are other reasons that a person may be disqualified from firearms possession including fugitive status, repeat drunk driving offenses and people with domestic violence convictions.

Pennsylvania law contains a list of disqualifying offenses for the purposes of felon in possession of a firearm.

Can a conviction from another state count for a felon in possession of a firearm in Pennsylvania?

Even if your conviction is in another state, a felon cannot lawfully possess a firearm in Pennsylvania. Convictions from other states transfer as disqualifying convictions.

What counts as being a felon in possession of a firearm in Pennsylvania?

The felon in possession of a firearm law doesn’t just apply to holding the weapon. Any of the following behaviors may count as being a felon in possession of a firearm:

  • Possessing
  • Using or discharging
  • Having the weapon in your car or home
  • Selling or giving away
  • Manufacturing
  • Getting a license to purchase or possess

Whether you were truly in possession of a firearm may be a defense that you assert if you’re charged. However, it’s not a conversation you want to have when you are already facing charges. Most likely, if you’re questioning whether the way you have the firearm is unlawful possession, it is. Note: § 6105(1)(1)(2)(i) prohibits you from transferring the guns to a member of your household if you become disqualified yourself.

What are the penalties for felons in possession of a firearm in Pennsylvania?

A typical felon in possession of a firearm charge carries a maximum penalty of 5-10 years in prison and a fine of up to $25,000. If the defendant has a previous conviction or if they had a firearm while committing a prohibited offense listed in the statute, the offense is a first-degree felony carrying 10-20 years in prison and a fine of up to $25,000.

A criminal defense attorney in Pennsylvania can help you understand the possible penalties associated with your charges.

What if I already have firearms when I’m convicted of a felony?

If you’re convicted of a felony, you have 60 days to get rid of your guns. § 6105(1)(1)(2)(i) says that a person has a reasonable period of time, but not more than 60 days from the date of disability, to get rid of their guns by selling or transferring them.

Lawyers Defending Felon in Possession of a Firearm

Do you need a criminal defense attorney for a felon in possession of a firearm charge? It is a serious offense, but you can fight back. We are aggressive criminal defense lawyers in Pennsylvania dedicated to protecting your rights. Contact our team at Applebaum & Associates today to begin building your case.

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