Firearms Defense Lawyers in Reading, PA
Facing weapon charges in Reading can be overwhelming and frightening. Pennsylvania has strict firearms laws, and convictions carry serious consequences that can affect your freedom, your rights, and your future. Whether you’re charged with illegal possession, carrying without a license, or a more serious firearms offense, you need experienced legal representation. At Nevins & McAllister, our firearms defense lawyers in Reading, PA have the knowledge and courtroom experience to protect your rights and fight for the best possible outcome.
Understanding Weapon Charges in Reading
Weapon charges in Pennsylvania cover a broad range of offenses, from relatively minor violations to serious felonies. The specific charge you face depends on factors including the type of weapon, where you were carrying it, your criminal history, and the circumstances of your arrest. Our criminal defense attorneys handle all types of firearms and weapons cases in Reading and throughout Berks County.
Illegal Possession of Firearms
Pennsylvania law prohibits certain individuals from possessing firearms. If you’re a prohibited person caught with a gun, you face serious felony charges. Prohibited persons include those convicted of certain crimes, individuals subject to active protection from abuse orders, and people who have been involuntarily committed for mental health treatment.
The prosecution must prove you knowingly possessed the firearm and that you fall into a prohibited category. Our lawyers scrutinize every element of the charge, examining whether the prosecution can meet its burden of proof.
Carrying a Firearm Without a License
Pennsylvania requires a License to Carry Firearms (LTCF) for anyone who wants to carry a concealed weapon or transport a loaded firearm in a vehicle. Carrying without this license is a first-degree misdemeanor for first-time offenders but becomes a felony for those with prior convictions.
Many people are unaware they need a license, particularly when transporting firearms in vehicles. Simply having an unloaded gun in your glove compartment without a license can result in criminal charges. Our firearms defense lawyers help clients understand what happened, why they’re being charged, and how to defend against these allegations.
Possession of Prohibited Offensive Weapons
Beyond firearms, Pennsylvania law prohibits possession of certain weapons entirely. These include bombs, grenades, automatic firearms, sawed-off shotguns, silencers, and other dangerous weapons. Possession of these items carries felony charges with mandatory minimum sentences in some cases.
Pennsylvania Gun Laws You Need to Know
Pennsylvania is generally considered a gun-friendly state, but its firearms laws are more complex than many people realize. Understanding these laws is crucial, especially if you’re facing charges.
The state recognizes the right to bear arms but imposes restrictions on who can possess firearms, where you can carry them, and under what circumstances. For instance, you cannot carry firearms in courthouses, schools, or federal buildings even with a valid LTCF. Carrying a firearm while committing another crime can result in enhanced penalties.
Firearms charges often arise in connection with other criminal allegations. If you’re arrested for assault and found to have a weapon, you may face additional charges. Similarly, weapon charges frequently accompany domestic violence cases or drug crimes, creating complex legal situations that require experienced defense representation.
Penalties for Weapon Charges in Reading
The penalties for weapon charges in Pennsylvania vary significantly based on the specific offense, your criminal history, and aggravating factors. Understanding what you’re facing is the first step in building an effective defense strategy.
Misdemeanor Weapon Charges
First-time violations of carrying without a license typically result in first-degree misdemeanor charges. A conviction can lead to up to five years in prison and fines up to $10,000. While judges often impose lighter sentences for first-time offenders, the conviction remains on your record and strips you of your right to carry firearms.
Other misdemeanor weapon offenses include carrying firearms on public streets in Philadelphia (which has special restrictions) and certain violations involving prohibited offensive weapons.
Felony Weapon Charges
Felony weapon charges carry substantially harsher penalties. Persons not to possess firearms charges are third-degree felonies punishable by up to seven years in prison. If you’re convicted of carrying without a license and have prior convictions, you face third-degree felony charges with the same potential sentence.
Certain firearms offenses carry mandatory minimum sentences, meaning judges have no discretion to impose lighter sentences even for first-time offenders. These mandatory minimums make it even more critical to mount a vigorous defense. Just as we handle serious charges like homicide, our attorneys bring extensive trial experience to firearms cases where your freedom is at stake.
Federal Weapon Charges
Some weapon charges are prosecuted in federal court rather than state court. Federal firearms charges typically involve trafficking, possession by convicted felons, or weapons connected to other federal crimes. Federal cases involve different procedures, different prosecutors, and potentially longer sentences than state charges.
Defenses Against Weapon Charges
Every weapons case is unique, and the right defense strategy depends on the specific facts and circumstances. Our firearms defense lawyers in Reading, PA thoroughly investigate your case to identify all available defenses and weaknesses in the prosecution’s case.
Constitutional Rights Violations
The Second Amendment protects your right to bear arms, while the Fourth Amendment protects against unreasonable searches and seizures. If law enforcement violated your constitutional rights during the investigation or arrest, we can file motions to suppress evidence or dismiss charges.
Police must have probable cause to search you or your vehicle. If they lacked justification for the search that uncovered the weapon, the evidence may be inadmissible. We examine the circumstances of your stop and arrest, looking for constitutional violations that can strengthen your defense.
Unlawful Search and Seizure
Many weapon charges result from traffic stops or street encounters where police search individuals or vehicles. If the search was conducted without proper legal justification, any evidence discovered during that search cannot be used against you.
Our attorneys file suppression motions when appropriate, arguing that evidence should be excluded because it was obtained illegally. Successful suppression of evidence often results in dismissed charges, as prosecutors cannot prove their case without the illegally obtained weapon.
Lack of Knowledge or Possession
In some cases, the best defense is that you didn’t know the weapon was present or that you didn’t actually possess it. For example, if a firearm was found in a car you were riding in but didn’t own, the prosecution must prove you knew about the weapon and exercised control over it.
We challenge the prosecution’s ability to prove you knowingly possessed the weapon. In cases involving multiple people in a vehicle or residence, establishing actual possession can be difficult for prosecutors.
Exceptions and Licensing Issues
Some individuals arrested for carrying without a license actually qualify for exceptions under Pennsylvania law. For instance, people traveling to and from target ranges, individuals transporting unloaded firearms in certain ways, and those engaged in lawful hunting may have valid defenses.
Additionally, if you had a valid LTCF but failed to produce it at the time of arrest, we can often resolve the case by presenting proof of your license. While you may still face minor penalties for failure to carry your license card, the more serious charges can be dismissed.
How Weapon Charges Can Affect Your Future
A conviction for weapon charges creates long-lasting consequences beyond prison time and fines. You lose your right to possess firearms, which can impact your ability to work in certain professions, hunt, or engage in recreational shooting sports.
Professional licenses may be jeopardized by firearms convictions. Law enforcement officers, security guards, and others who carry weapons as part of their jobs will lose their employment. The conviction appears on background checks, potentially affecting housing opportunities, educational prospects, and future employment.
If you’re involved in family law matters, a weapons conviction can influence custody decisions. Courts consider firearms convictions when determining what arrangement serves the best interests of children, similar to how they evaluate other criminal convictions in child custody disputes.
Immigration consequences can be severe for non-citizens convicted of firearms offenses. Certain weapon charges are considered aggravated felonies or crimes involving moral turpitude, which can lead to deportation or inability to naturalize.
Why You Need a Firearms Defense Lawyer
Weapon charges in Pennsylvania are serious, and the legal system is complex. Prosecutors aggressively pursue these cases, and judges impose harsh sentences. Without experienced legal representation, you’re at a significant disadvantage.
Our firearms defense lawyers understand Pennsylvania gun laws inside and out. We stay current on changes to firearms regulations and recent court decisions that may impact your case. This knowledge allows us to identify defenses and arguments that less experienced attorneys might miss.
We also understand the science and evidence involved in firearms cases. From ballistics to forensic analysis, we know how to challenge the prosecution’s evidence and present expert testimony when necessary.
Perhaps most importantly, we’re trial lawyers. While we always explore negotiated resolutions that serve our clients’ interests, we’re prepared to take your case to trial if that’s the best option. Prosecutors know we’re not afraid of the courtroom, which often leads to better plea offers.
Our Approach to Weapons Cases in Reading
At Nevins & McAllister, we begin every firearms case with a comprehensive review of the evidence and circumstances. We obtain police reports, witness statements, and any video footage of your arrest. We interview you extensively to understand your perspective and identify potential defenses.
We examine whether law enforcement followed proper procedures during your stop, search, and arrest. Any constitutional violations become the foundation for motions to suppress evidence or dismiss charges. Even if procedural issues don’t result in dismissal, they can provide leverage in negotiations with prosecutors.
Our lawyers also investigate the underlying facts of your case. Was the weapon actually yours? Did you know it was present? Do you fall into a prohibited category, or was there a mistake in the background check? These factual questions can make the difference between conviction and acquittal.
We explore all resolution options, from pretrial intervention programs to negotiated plea agreements to trial. For clients with no prior record, we may be able to secure admission to a diversionary program similar to the ARD program used in some DUI cases, though options vary by county and charge.
Related Charges and Complex Cases
Firearms charges rarely exist in isolation. We frequently defend clients facing multiple charges arising from a single incident. For example, if you’re charged with protection from abuse violations and weapon possession, we develop a comprehensive defense strategy that addresses all charges.
Understanding how different charges interact is crucial. A firearms conviction can enhance penalties in other cases. Similarly, other convictions may trigger firearms prohibitions even if you weren’t initially charged with a weapons offense.
Our experience across multiple practice areas allows us to see the bigger picture. We consider how resolving your weapons case will affect other pending matters and your overall legal situation.
Contact Our Reading Firearms Defense Lawyers Today
If you’re facing weapon charges in Reading, time is critical. The sooner you contact an attorney, the sooner we can begin protecting your rights and building your defense. Evidence can disappear, witnesses’ memories fade, and procedural opportunities can be lost if you wait too long.
At Nevins & McAllister, we offer consultations where we review your case, explain the charges against you, and discuss potential defense strategies. We answer your questions and help you understand what to expect as your case moves forward.
Don’t face weapon charges alone. Contact us today to schedule your consultation with an experienced firearms defense lawyer. We serve clients throughout Reading, Berks County, and all of Pennsylvania, providing aggressive representation in firearms cases and all criminal defense matters.
Your Second Amendment rights are important, and so is your freedom. Let our knowledge of Pennsylvania firearms law and our commitment to vigorous defense work for you. Call Nevins & McAllister now to discuss your weapon charges and take the first step toward protecting your future.