Firearm laws in the City and County of Philadelphia tend to be more strict than in the rest of Pennsylvania. As a result, illegally shooting a gun in Philadelphia can lead to aggressive prosecution and severe penalties upon conviction.
If you were accused of firing a gun in Philadelphia, an unlawful discharge of a firearm lawyer could help protect your rights. A seasoned defense attorney could work tirelessly towards a positive resolution of your case. Get in touch with a lawyer today to schedule a consultation.
Shooting a gun in Philadelphia is not always a crime. Firearms may be discharged at lawful locations, such as firing ranges or other rural locations that are built and/or equipped to handle discharged firearms. If someone is being fired at, the individual may return fire in self-defense so long as that individual is licensed to carry and that firearm is registered and known by the individual. Additionally, law enforcement may discharge a firearm when protecting the community at large.
Any time a firearm dispels a cartridge and/or bullet, an investigation takes place to determine whether the discharge is lawful or not lawful. For this reason, individuals who have a legal right to have a firearm still must exercise an extreme level of due diligence when expelling a bullet or shell.
It is unlawful to discharge a firearm anytime the shooter does not have the right to have a gun, does not have a license to carry, or is ineligible to have a firearm in the City and County of Philadelphia. However, having a license to carry is no protection from an unlawful dispelling charge. If any individual shoots a gun in an unlawful or unsafe manner, a criminal charge may be placed upon the individual for unlawful discharge of a firearm.
It is also illegal to discharge a firearm while committing another crime. The most common examples are aggravated assault with a firearm, simple assault with a firearm, and recklessly endangering another person with a firearm. In these cases, individuals may be charged with not only the violation of the Uniform Firearms Act but any other crime that has occurred while the discharge takes place. The accused faces a more significant sentencing guideline for a deadly weapon not only being possessed, but also being used.
The unlawful firing of a gun may lead to criminal charges. Regardless of whether an individual has a license, if a firearm goes off in a manner that is inconsistent with public safety, the individual would face serious penalties. They would lose their righty to have a firearm, and in most cases, they would be charged criminally.
This goes for law enforcement, too. When law enforcement fires their weapon and the weapon expels a shell, cartridge, or bullet, internal affairs investigates the matter to determine whether the firing was lawful or unlawful. In some cases where an unlawful act has been done a by police officer, the officer faces not only civil but criminal offenses as a result of their actions.
If you were accused of unlawful possession and/or discharge of a firearm, you deserve quality legal representation. A Philadelphia unlawful discharge of a firearm lawyer could carefully analyze the prosecution’s evidence against you and craft an informed defense strategy. They could be your advocate at every step of the case process. Call today to get started.
David Clark Attorney at Law