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DAVID CLARK
Criminal Defense Attorney

Possession of a Firearm by a Felon in Bucks County

In Bucks County, inclusive of the entire state of Pennsylvania, a convicted felon cannot possess a firearm. When an individual is convicted of a crime such as possession with intent to deliver or any crime of violence such as aggravated assault, robbery, or burglary, or any other type of felony offense, they cannot own, purchase, or have a firearm. Merely living in a place with a firearm, should the authorities find out, can lead to a serious conviction. With that in mind, if a felon does get charged with possession of a firearm it is very important that they consult with a highly skilled gun lawyer as soon as possible.

Felony Gun Possession Laws

In Pennsylvania, inclusive of Bucks County and all counties, a convicted felon cannot own, be in the same place with, or use a firearm, even if the firearm is legal or legally owned by another individual in the household. There is no exception to the rule. A firearm cannot be possessed near or used by a person who is a convicted felon in the state of Pennsylvania under Section 6105, graded as a felony of the second.

Punishment Enhancements

The highest penalty for having possession of a firearm by a convicted felon, under Section 6105, a felony of the second degree, is 10 years in jail and a $25,000 fine. However, any other charges which are also charged under this statute, such as having a weapon concealed, in a vehicle, or on the streets of Philadelphia, can increase sentences up to five years for the misdemeanor of the first degree and an additional seven years for the felony of the third degree. Thus, an individual can face penalties for possession or for being in a location with a firearm, and being a convicted felon can be as much as 22 years’ incarceration. This is not heading to a potential other crime, such as aggravated assault or robbery, which is being charged as being committed with firearms. This crime of a firearm possessed and/or in the presence of a convicted felon is one of the harshest crimes charged in Bucks County.

Penalties for Unlawful Transportation of a Firearm by a Convicted Felon

All charges that are connected to possession and/or being in the same location with a firearm would carry over to transporting a firearm. If a person is ineligible due to a prior record as a convicted felon to have a firearm in any way, shape or form, the individual is also equally responsible for the transporting of a firearm. There is no exception to the rule. By being in the same location, such as a vehicle or house, whether or not the individual knew that the firearm was in the location, the individual can still be held accountable for being in a location for possessing a firearm under Section 6105. Even the ammunition and/or attachment to a firearm can hold the person responsible for up to 10 years in jail or more and a $25,000 fine.

Mandatory Minimum Penalty

In Pennsylvania, there are no longer any mandatory minimum penalties which apply to any charge outside of DUI. However, in the state, an individual charged for possessing a firearm, like a convicted felon that is not eligible to have a firearm can face up to 10 years in jail and a $25,000 fine for that charge. This is not inclusive for any other charges which could also be placed against an individual under the same circumstance.

Consulting an Attorney

If you are a convicted felon it is very important that you know the laws pertaining to possession of guns. These laws are very strict and the consequences of a charge are very severe. If you have any questions about the law or have been charged with the possession of a firearm as a convicted felon it is imperative that you consult with a highly skilled gun lawyer as soon as possible.