PENNSYLVANIA GUN Crimes

Weapons crimes are something that we have a lot of experience dealing with at Ambler Law Offices - in fact, we consider "firearms law" to be one of our key practice areas.  Many of our attorneys have been invited to speak on the subject of firearms law at both the local and national level. If you have been accused of weapons crime do not delay in getting help. Call our office at 717-525-5822 for a free consultation.  Below are several of the Pennsylvania charges that we regularly deal with:

Materially False Written Statement - 18 Pa.C.S. 6111(g)(4) and Unsworn Falsification to Authorities - 18 Pa.C.S. 4904:  If you attempt to purchase a firearm in Pennsylvania, and are denied the purchase, there is a good chance you will be charged with a Felony (F3) for making a materially false written statement in connection with the acquisition of a firearm, as well as an Misdemeanor (M3) for making a "statement under penalty."  Folks in this position fall into a couple of categories:  

First, people who should not be prohibited, and have been erroneously denied the purchase.  Sometimes this is due to misidentification, and other times this is due to an error on your criminal history report.  

Second, people who should be prohibited (according to the law), but who are not intentionally "lying" regarding their attempt to purchase a firearm.  For example, this could be someone who was convicted of a crime classified as a misdemeanor crime of domestic violence from 30+ years ago, who never spent any jail time, and who did not realize the conviction counted against them, or a person convicted of an M1, who did not realize the law treats the "misdemeanor" as a "felony."

Third, these charges could be against people who are properly denied, and are either trying to "sneak one by the system" or who made a poor decision and attempted to use the background check system when buying a gun to "see" if they were prohibited (which is a bad idea, as it will lead to charges).

For any of these folks - having good representation, from a lawyer who understands the ins-and-outs of firearm law matters.   If you have been denied a firearm purchase (or transfer), contact a lawyer at Ambler Law Offices (717-525-5822) for a free consultation.

Finally - a quick practice tip...after a firearms denial, you have the opportunity to file a challenge form.  You should not do this until you get some legal advice...because if you are wrong...if there is something on your record you forgot about - you will be providing the police with additional information to use against you in a prosecution.  Likewise, if police contact you and ask you about your attempted purchase, the only thing you should tell them is that you cannot answer questions until you have a lawyer.  Even if they arrest you at this point, you will have done the smart thing, by not giving them additional evidence to use against you.

Brandishing-related charges: 

Pennsylvania does not utilize a specific brandishing charge, but instead, in situations where a weapon is drawn charges a number of different crimes. Three common charges are listed below:

Disorderly conduct- 18 Pa.C.S. 5503: A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

(1)  engages in fighting or threatening, or in violent or tumultuous behavior;

(2)  makes unreasonable noise;

(3)  uses obscene language, or makes an obscene gesture

(4)  creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.  An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise, disorderly conduct is a summary offense.

Simple assault- 18 Pa.C.S. 2701 Often this crime is charged with disorderly conduct after a firearm is pointed. The law says that simple assault is a crime when except as provided under section 2702 (relating to aggravated assault), a person:

(1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another; 

(2) negligently causes bodily injury to another with a deadly weapon; or

(3) attempts by physical menace to put another in fear of imminent serious bodily injury.

Terroristic threats- 18 Pa.C.S. 2706 In situations where a gun was pointed, this is often the most serious crime that will be charged in Pennsylvania. If convicted, this crime will permanently affect your rights to own firearms and ammunition. It is for this reason that you need a pro-2A lawyer on your side. The law states that a person commits the crime of terroristic threats if the person communicates, either directly or indirectly, a threat to:

(1) commit any crime of violence with intent to terrorize another;

(2) cause evacuation of a building, place of assembly or facility of public transportation; or

(3) otherwise cause serious public inconvenience, or cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience.

If you have been charged with this crime, you need a lawyer who can help you protect your freedom and your rights.

Discharge of a Firearm into an Occupied Structure

Often a what is called a negligent discharge, accidental discharge, or unintended discharge will result in criminal charges for discharging a firearm into an occupied structure. This crime is typically charged as a felony offense.  The definition includes anyone who "knowingly, intentionally or recklessly discharges a firearm from any location into an occupied structure."  There are several statutory defenses available, as well as some defenses that have arisen through case law.  You should defend yourself against this charge.  If convicted of this crime, you may permanently lose your right to possess firearms and ammunition. Contact the negligent discharge lawyers at Ambler Law Offices for a free consultation on your case.

Recklessly Endangering Another Person (REAP)

Recklessly endangering, often called REAP is a misdemeanor of the 2nd degree.  REAP occurs when someone " recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury."  18 Pa.c.s.  § 2705   If you are charged with REAP do not hesitate to contact the Recklessly Endangering lawyers at Ambler Law Offices for a free consultation.

Issues Involving Persons not to Possess

Both state and federal law lay out categories of persons ineligible to possess firearms or ammunition. Included among those prohibited are persons who were convicted of a felony or a misdemeanor crime punishable by a term of over one year, even if not actually punished. Also restricted are those who are unlawful users of or addicted to drugs or alcohol. It is important to note that you are considered an unlawful user of drugs for the purposes of possessing firearms, even if you have your medical marijuana card.  These are just a few of the several prohibitive categories.  If you have questions about your ability to possess firearms, contact Ambler Law Offices to explore the possibility of obtaining a legal opinion letter regarding your firearms eligibility.