There has been a lot of discussion in Philadelphia about gun rights recently. The right to bear arms is protected by the Constitution, but there are a number of regulations on guns. If people violate gun laws, they may face gun charges. If a Pennsylvanian is convicted of these charges, the consequences can be serious.
One of the regulations that are placed on guns is who can possess them. There are a number people who are not entitled to possess guns, based on past convictions. There are number of crimes that people commit that prohibit them from ever owning a gun again. These crimes include, but are not limited to, murder, aggravated assault, kidnapping, stalking, rape, burglary, robbery and certain drug offenses resulting in at least a two-year prison sentence.
People can also be prohibited from possessing firearms for other behavior as well, even if it does not result in a conviction. People who are fugitives from justice, have been adjudicated incompetent or have been involuntarily committed, illegal aliens, people who are subject to active domestic abuse protection orders and other behavior.
If a prohibited person is convicted of possessing a gun in Philadelphia, they may face felony charges, resulting in jail time. Simply being charged with a crime does not mean the person will be automatically convicted though. Everyone is innocent until proven guilty, and there may be defenses available. These generally begin with whether the police lawfully seized the gun. If not, the evidence of the gun may be suppressed, and a conviction is not likely. Experienced attorneys understand these defenses and may be able to protect one’s rights.
Source: Legis.State.Pa.us, “Pennsylvania Statutes Title 18 § 6105,” accessed on Dec. 21, 2015
