Just as the Second Amendment to the United States Constitution establishes that the right of the people to keep and bear Arms shall not be infringed, Article 1, section 21 of the Constitution of Pennsylvania states, “The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.” Any person who is 21 years of age or older can apply for a license to carry a firearm.
Carrying a concealed weapon without a valid license can lead to possible felony charges. Our Montgomery County gun lawyers can help fight for the best outcome if you are charged. If you’re seeking expert representation, an Attorney for Criminal Defense in Montgomery County at McKenzie Law Firm, P.C. is here to assist you.
Pennsylvania Gun Laws
The minimum age to purchase a long gun (rifle, shotgun, or semi-automatic rifle) is 18, but the minimum age to purchase a handgun is 21. There is no waiting period, license or permit to purchase, or training required before or after purchasing a firearm.
With the exception of Philadelphia, Pennsylvania is an open carry state, meaning that people who purchase guns are allowed to carry them openly without a license. A concealed carry, however, does require a concealed carry license that is obtained through the county sheriff and submission of an application, payment of a fee, a background check, and provision of two non-family member references.
The Pennsylvania State Police say that there are 1,501,419 License to Carry permits in the state as of January 3, 2022. A License to Carry Firearms is issued to carry a firearm concealed on one’s person or in a vehicle, but the license is not required when a person is in their place of abode or fixed place of business.
Types of Gun Crimes
People can be charged with any number of gun crimes in Pennsylvania. These may include:
- Illegally possessing or selling a firearm
- Carrying a gun without proper permits
- Using a firearm while committing a separate crime
- Theft of a firearm
- Possession of illegal firearms
- Possession of a weapon while on parole or probation
- Possession of a concealed weapon without proper permit or license
- Possession of a firearm with a changed serial number
- Possession of a firearm by a minor
- Possession of a weapon by a convicted felon
Different criminal charges will carry different penalties, and the type of gun crime a person is accused of will also dictate the aggressiveness of the prosecutor.
For a free legal consultation with a gun lawyer serving Montgomery County, call (610) 680-7842
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McKenzie Law Firm, P.C. understands gun laws in Pennsylvania and knows how to fight these kinds of cases. You can count on our firm to work and put up a diligent defense against any kind of firearm charges so you can overcome them and move on with your life without long-lasting consequences.
Montgomery County Gun Lawyer Near Me (610) 680-7842
Pennsylvania Gun Crime Penalties
The gun crimes listed above can carry the following penalties:
- Illegally possessing or selling a firearm – A first-degree misdemeanor with a fine of up to $10,000 and imprisonment of up to five years or a second-degree felony charge with a fine of up to $25,000 and imprisonment of up to ten years, according to Pennsylvania Consolidated Statute § 6105
- Carrying a gun without proper permits – A third-degree felony with a fine of up to $15,000 and imprisonment of up to seven years
- Theft of a firearm – A second-degree felony with a fine of up to $25,000 and imprisonment of up to ten years
- Possession of illegal firearms – A first-degree misdemeanor with a fine of up to $10,000 and imprisonment of up to five years.
- Possession of a weapon while on parole or probation – An additional 18 to 24 months in prison on top of whatever sentence they receive for the other case
- Possession of a concealed weapon without proper permit or license – A first-degree misdemeanor with a fine of up to $10,000 and imprisonment of up to five years
- Possession of a firearm with a changed serial number – A second-degree felony with a fine of up to $25,000 and imprisonment of up to ten years.
- Possession of a firearm by a minor – A third-degree felony with a fine of up to $15,000 and imprisonment of up to seven years.
- Possession of a weapon by a convicted felon – A second-degree felony with a fine of up to $25,000 and imprisonment of up to ten years.
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Enumerated Offenses Prohibiting Firearm Possession in Pennsylvania
Pennsylvania Consolidated Statute § 6105 states that a person who has been convicted of an offense cannot possess, use, control, sell, transfer, manufacture, or obtain a license for a firearm.
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Let Our Montgomery County Gun Lawyers Help
David C. McKenzie III has been licensed in Pennsylvania since 2003, and McKenzie Law Firm, P.C. handles cases all over Montgomery County as well as Berks County, Bucks County, Chester County, and Delaware County.
David McKenzie understands the tremendous stress people can face when charged with gun crimes, and he will work to help put your mind at ease so you are able to go about your daily life without the additional fear of the criminal charges you are facing. You can call (610) 991-7219 or get a free consultation online with McKenzie Law Firm, P.C. Our firm has office locations in both Blue Bell and Exton.
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