The United States Constitution protects a person’s general right to possess a gun in Philadelphia, but there are many restrictions on that right. There are limitations on who can possess a gun, where people who legally possess them can carry them and many others. Also, certain people may permanently lose their right to carry a firearm as well. So, the right is ultimately not a universal right.
As it is illegal for some people to possess guns, people who break the laws may face gun charges and serious consequences. However, the severity of the offense depends on why the person lost their right to possess a gun.
Some people lose their right to possess a firearm because they have committed a serious felony in the past. These convictions could result in the permanent loss of the right to possess a firearm. If a person is later caught with a firearm, they could be charged with a felony in the second degree. If the person lost their right to possess a firearm because there is an order of protection against them, then the charge could be a misdemeanor in the first degree.
If convicted of either charge, the consequences could be serious, including possible jail time. However, being charged with a crime does not mean that a person is automatically guilty. There may be defenses available depending on the circumstances of the situation and the person may be able to avoid the harsh penalties of a conviction.
Many people in Philadelphia have lost their right to possess a firearm. If those people are caught with a firearm later on, they may face serious consequences if convicted. However, the prosecution has the obligation of proving guilt beyond a reasonable doubt prior to a conviction, and defenses may be available to the defendant. Gun charges are serious charges and understanding the potential defenses may be very important.
Source: Pennsylvania State Legislature, “Pennsylvania statute Title 18 section 6105” accessed on April 25, 2016