The Constitution protects people’s right to own a gun in Philadelphia, but there are certain rules they must follow to actually possess guns. They must have the proper permits to purchase or carry a gun and must follow certain rules while possessing them. However, the law also takes away a person’s right to possess firearms if he or she is convicted of certain crimes. One of these many crimes is a previous conviction involving gun charges.
Once a person loses these rights, it is very difficult to restore them. When a person does not have the right to possess a gun, if he or she is caught with one, there is the potential for additional gun charges, which may result in jail time, among other penalties.
There are ways that a person can restore his or her rights to possess a gun, however. First, the person must petition the court to restore his or her gun rights. The court can restore ta person’s gun rights in certain situations. The first situation is if the conviction has been vacated. Second, a court can restore gun rights if the person received a full pardon from the previous criminal conviction The third situation is if the federal government has restored the person’s ability to possess a firearm and ten years has elapsed since the time of the conviction or release from jail, whichever is later.
Since it is difficult to restore a person’s gun rights, the easiest way to maintain one’s gun rights is to avoid being convicted of a crime in the first place. If a person is charged with a crime involving a gun, he or she is innocent until proven guilty. There may be defenses available to the accused, depending on the circumstances of the case.
Many people in Philadelphia are convicted of crimes and lose their gun rights each year. It is very difficult to restore gun rights after losing them. It is best to avoid a conviction resulting in the loss of gun rights in the first place. Experienced attorneys understand gun charges and may be able to help protect one’s rights.
Source: Pennsylvania General Assembly, “Pennsylvania Statutes Title 18 Section 6105(d)“, accessed May 25, 2015
