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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.
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:
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.
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 |
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:
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.
Your Rights When Dealing with the Police
Search and Seizure Laws
Arrests: Your Rights and the Law
After You're Arrested: Booking, Bail, and O.R.
Suspect to Defendant: Facing Criminal Charges
Getting Legal Representation When Charged With a Crime
Expungement & Sealing Adult Criminal Records
Crimes: Laws & Penalties