Firearm/Gun Offense Defense in York, PA

In Pennsylvania, firearm laws are strict, complex, and carry some of the most severe penalties in our criminal justice system. Even a law-abiding citizen can find themselves facing a felony charge due to a simple misunderstanding of concealed carry permits or transport regulations. A conviction can lead to mandatory prison time and the permanent loss of your Second Amendment rights.

As your attorney, I understand the high stakes of a gun charge. I provide aggressive representation to ensure your rights are protected and that you aren't unfairly penalized for technical violations or illegal police conduct.

Common Firearm Charges Under the Pennsylvania Uniform Firearms Act (UFA)

I represent clients facing a variety of weapons-related allegations, including:

  • Persons Not to Possess Firearms (Section 6105): It is illegal for individuals with certain prior convictions (including many violent felonies and drug offenses) or those subject to a Protection from Abuse (PFA) order to own or carry a gun.

  • Firearms Not to be Carried Without a License (Section 6106): Carrying a concealed firearm or transporting a loaded gun in a vehicle without a valid Pennsylvania License to Carry Firearms is a serious offense, often graded as a third-degree felony.

  • Possession of a Firearm with an Altered Serial Number: Possessing a weapon where the serial number has been removed or obliterated is a high-level felony.

  • Possession of a Weapon on School Property: Pennsylvania has "zero tolerance" for weapons on school grounds, which can lead to charges even if the possession was unintentional.

  • Straw Purchasing and Illegal Transfers: It is a crime to purchase a firearm for someone else who is legally prohibited from owning one.

Strategic Defenses for Gun Charges

Winning a firearm case often requires a deep dive into the technical details of the arrest and the weapon itself. My defense strategies include:

  • Challenging the Search and Seizure: If the police found the firearm during an illegal traffic stop or a search of your home without a valid warrant, I will file a Motion to Suppress. If the search was unconstitutional, the gun cannot be used as evidence against you.

  • Constructive Possession: If the gun was found in a car or house with multiple people, the prosecution must prove you knew it was there and had the "intent to control" it. Mere proximity is not enough for a conviction.

  • Operability Issues: In many Pennsylvania cases, the Commonwealth must prove the weapon was a "firearm" by legal definition—meaning it was operable or could readily be made operable.

  • Safe Transport Exceptions: There are specific legal exceptions for transporting a firearm to a gun range, a repair shop, or a place of purchase, provided the weapon is unloaded and secured correctly.