Pennsylvania Concealed Weapon Charges

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Pennsylvania is a "shall-issue" state, which means that a concealed weapons permit will be issued to residents and non-residents who are 21 years of age and can pass a federal background check. Applicants can apply through the county sheriff's office or the Chief of Police in the city where they reside. Concealed weapons permits are valid for a period of five years. On March 8, 2011, the Pennsylvania Senate voted to pass Senate Bill 273, known as the Castle Doctrine legislation. This allows all law-abiding citizens to use deadly force against an attacker in their home or outside of their home (where they have a legal right to be). In addition, it also protects people from being held liable in a civil suit by the attacker or the attacker's family members. The bill moves to the House Committee for review.

Pennsylvania Weapons Laws

The State of Pennsylvania has extremely liberal gun control laws. Anyone who has a valid "License to Carry Firearms" permit can carry their handgun on their person or in their motor vehicle. There are a few places where carrying a concealed weapon is prohibited, even with a valid permit:

  • All courthouses
  • Elementary schools
  • Secondary schools
  • Casinos (unless given written permission by the Pennsylvania Gaming Control Board)

Openly carrying a handgun is legal, but a permit is needed for the person's motor vehicle or if they plan to carry in the city of Philadelphia.

Pennsylvania Weapons Violations

The following table lists the weapons violations and the corresponding penalties each offense:

Type of Crime

Description of the Offense

Jail Time & Amount of Fine

First-Degree Misdemeanor

Any person who possesses a weapon on the grounds of school property, on a school bus or at any school licensed by the Department of Education

 

Possession of an altered firearm

From 2.5 to 5 years in a state correctional facility

 

A fine of up to $10,000

Third-Degree Felony Offense

Any person who carries a firearm in any vehicle or on their person without a valid license outside of their home or business

 

Selling firearms to a convicted felon

 

Providing false information to purchase a firearm

Up to 7 years in prison

 

A fine ranging from $2,500 to $15,000

Second-Degree Felony Offense

Minor in possession of a handgun

Up to 10 years in prison

 

A fine ranging from $5,000 to $25,000

First-Degree Felony Offense

Possession of an altered firearm

Up to 20 years in prison

 

A maximum fine of up to $25,000

Pennsylvania Plea Options

Once a person has been charged with a crime, they are required to go before the judge and enter a plea at their arraignment hearing. When pleading to a crime, there are three options:

  • Not Guilty—All defendants have the right to a trial and by pleading "Not guilty," the judge will set a date for their pre-trial conference.
  • Plead Guilty—This should only be done if the prosecutor has offered some type of plea arrangement. This could include reducing the charge from a felony to a misdemeanor offense.
  • No Contest—This will result in a "guilty" plea being entered but the defendant doesn't actually admit guilt. This can be beneficial because the defendant cannot be held liable in a civil lawsuit for their actions.

Obtain Legal Help From a Pennsylvania Criminal Defense Lawyer

Most criminal cases are resolved through a plea bargain. This is when the prosecution offers a deal to the defendant in exchange for a guilty plea. A seasoned criminal defense attorney can file a pre-trial motion to negotiate with prosecutors on the defendant's behalf. Therefore, it is imperative that you have a criminal defense lawyer who has the experience and skills to work out the best deal on behalf of their client.

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