Criminal history could prevent a person from being able to possess a firearm. In Philadelphia County and throughout Pennsylvania, certain past convictions prevent individuals from ever possessing and/or obtaining firearms within the Commonwealth. Individuals convicted of certain enumerated felonies and/or enumerated misdemeanors, whether as an adult or juvenile, are prohibited from ever having firearms. Should those individuals have firearms and/or be arrested for such firearms, they face much stiffer penalties than others who would otherwise be eligible to possess firearms.
If you were arrested for firearm possession and you are ineligible to own guns because of a prior conviction, you should reach out to a dedicated criminal defense attorney as soon as possible. A Philadelphia possession of a firearm by a convicted felon lawyer could fight to protect your rights.
If a person is convicted of a felony offense in the city and county of Philadelphia, inclusive of the entire Commonwealth of Pennsylvania, that person may not at any time in the future be in actual or constructive possession of a firearm. Merely being in actual or constructive of a firearm would cause that individual to face up to ten to 20 years’ incarceration and $25,000 fine per act. There are no exceptions to this rule. Additionally, any enumerated felonies that an individual has, either as an adult or a juvenile, would prevent them from having a firearm in the future. If they have a firearm, it would enhance the potential penalties.
The enhancements that are applied if a felon is found possessing a firearm are penalties that are built into statutes covering the entire state and/or Commonwealth of Pennsylvania. These are violations of the Uniform Firearms Act created as felonies of the second degree and felonies of the first degree.
Individuals charged and convicted of felonies of the second degree may face as much as five to ten years’ incarceration. Individuals charged under the statute pertaining to felonies of the first degree could face as much as ten to 20 years in jail and $25,000 fine. In all cases, individuals who are ineligible to have firearms because of their prior record and are convicted of possession face significantly enhanced penalties.
Transporting a firearm is considered possessing it, and a conviction could lead to the same penalties as possession. For instance, merely transporting the firearm in a vehicle or having it within a house is illegal should the person not be eligible to have a firearm because of a prior record.
In Pennsylvania, there are no longer any mandatory minimum laws in sentencing that apply directly to convicted felons in actual possession or constructive possession of a firearm. However, when dealing with convicted felons with a firearm, Pennsylvania does have enhanced penalties should a person be a convict and be convicted of a firearm offense.
Individuals face the initial charge of violating the Uniform Firearms Act, which carries up to three and one half to seven years and a $15,000 fine. For convicted felons, there is an enhancement to a felony of the first degree, and the penalties increase to an additional ten to 20 years in jail and $25,000 fine.
If you are facing charges of firearm possession, an attorney could be a valuable asset. They could fight on your behalf in pre-trial negotiations and even in court, if necessary. Call a Philadelphia possession of a firearm by a convicted felon lawyer today.
David Clark Attorney at Law