Pennsylvania Firearm Offenses: Skilled Legal Representation

As an experienced criminal defense attorney in State College, Pennsylvania, I provide dedicated representation to individuals facing firearm-related offenses. Pennsylvania’s firearm laws are complex, intersecting with federal regulations and often leading to confusion or unintentional violations. If you are facing charges related to firearm ownership, purchase, or use, it is essential to have an attorney familiar with both state and federal law to protect your rights.

Common Firearm Violations Under the Pennsylvania Uniform Firearms Act (PUFA)

Violations of Pennsylvania’s firearm laws can occur under various circumstances. Below are some common infractions under the Pennsylvania Uniform Firearms Act (PUFA) along with relevant statutory citations:

• Possession of a Firearm by a Prohibited Person – 18 Pa.C.S. § 6105 prohibits individuals convicted of certain crimes (including violent felonies) from possessing firearms. This offense can result in severe penalties, including incarceration and permanent loss of firearm rights.
• Carrying a Firearm Without a License – Under 18 Pa.C.S. § 6106, it is illegal to carry a concealed firearm or transport a loaded firearm in a vehicle without a valid license to carry a firearm. Violations are generally graded as misdemeanors, but certain circumstances can elevate the charge to a felony.
• Possession of a Firearm with an Altered Serial Number – 18 Pa.C.S. § 6110.2 makes it illegal to possess a firearm with a removed, altered, or obliterated serial number. This offense is a felony and carries significant penalties.
• Unlawful Transfer of Firearms – 18 Pa.C.S. § 6111 prohibits selling or transferring firearms to individuals who are legally disqualified from owning them. This offense can result in both state and federal charges, depending on the circumstances.

Understanding the specifics of each charge and the penalties involved is critical to building a strong defense. My office is experienced in handling these and other firearm-related offenses.

Making False Statements on ATF Form 4473: Firearm Purchase Applications

Retailers are not obligated to provide guidance on how to complete the form, and many individuals inadvertently provide false or misleading information. While some mistakes may be honest errors, others result in serious charges for making false statements.

Legal Consequences for False Statements Knowingly making false statements on ATF Form 4473 can result in federal charges under 18 U.S.C. § 922(a)(6) and state charges under Pennsylvania law. Convictions can lead to significant fines, imprisonment, and a permanent loss of the right to own or possess firearms.

An experienced criminal defense attorney can help navigate these charges, especially in cases where mistakes were unintentional. I will work to minimize or even dismiss charges based on the circumstances of your case.

Medical Marijuana and Firearm Licenses in Pennsylvania

Under Pennsylvania law, medical marijuana users face significant restrictions when it comes to firearm ownership and licensing. According to 18 Pa.C.S.A. § 6109, individuals who are “addicted to, or unlawful users of, controlled substances” are prohibited from obtaining a license to carry a firearm.

How Does This Affect Medical Marijuana Users? While medical marijuana is legal in Pennsylvania, it remains classified as a Schedule I controlled substance under federal law. Because of this, individuals who are legally prescribed medical marijuana are considered unlawful users of drugs under federal regulations. This has been interpreted to mean that:

• Licensed medical marijuana users are prohibited from obtaining a license to carry a firearm in Pennsylvania.
• Answering “no” to the drug use question on ATF Form 4473, when the buyer is a medical marijuana user, can result in criminal charges for making a false statement.

This is a complex legal area that involves both federal and state law. If you are a medical marijuana patient facing firearm-related charges, I can help you understand your legal rights and build a strong defense.

Offenses That Preclude Firearm Possession Under 18 Pa.C.S. § 6105

Pennsylvania law specifies certain offenses that disqualify an individual from owning or possessing firearms. Under 18
Pa.C.S. § 6105, persons convicted of the following offenses are prohibited from possessing firearms:

• Felony offenses such as aggravated assault, robbery, and burglary.
• Violent crimes including murder, voluntary manslaughter, and crimes of domestic violence.
• Drug-related felonies and certain drug misdemeanors.
• Crimes involving firearms such as illegal gun trafficking or carrying a firearm without a license.

Additionally, individuals subject to a Protection from Abuse (PFA) order may be temporarily or permanently prohibited from possessing firearms under certain conditions.
If you have been charged with or convicted of one of these offenses and are concerned about your firearm rights, my office can evaluate your case and work toward restoring your rights when possible.

Definition of a Firearm Under Pennsylvania Law

In Pennsylvania, the legal definition of a “firearm” can be found under 18 Pa.C.S. § 6102. A “firearm” is defined as any weapon that is designed to expel a projectile by the action of an explosive or the frame or receiver of such a weapon. This includes:

• Handguns (pistols or revolvers).
• Rifles.
• Shotguns.

However, under Pennsylvania law, not all weapons are classified as “firearms.” For example:

• BB guns and air rifles do not qualify as firearms under the Pennsylvania Uniform Firearms Act.
• Antique firearms are sometimes treated differently depending on the specific legal context, such as for licensing requirements.

Understanding the legal definition of a firearm is essential when facing firearm-related charges, as it can affect the nature of the offense and the penalties involved.

The Complex Intersection of Federal and State Law

Firearm laws are among the most complex areas of criminal law because they involve the interplay between both federal and state statutes. While Pennsylvania law governs much of firearm ownership and use, federal laws such as those enforced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) often overlap, particularly in cases involving firearm purchases, drug use, or interstate transactions.

Navigating these complex and often contradictory regulations requires an attorney with a deep understanding of both legal frameworks.