The Pennsylvania Crimes code deals with Violent Crimes and specifically the charge of Persons not to possess or use firearms. The second amendment of the United States constitution guarantees the right of all citizens to keep and bear arms. However, there is a population of individuals who have had that right revoked due to certain circumstances. Murder Those aforementioned are individuals who have committed a serious violation of law, namely an offense that rises to the degree of a felony. In addition to felons, there are a number of other populations that are prohibited from having anything to do with firearms. These include fugitives, those who are adjudicated as incompetent, anyone involuntary committed to a mental institution along with those dishonorably discharged from service. Every state has some version of a statute from prohibiting certain populations from the possession, use, manufacture, control, sell or transfer of firearms. In the Commonwealth of Pa that statute is section 6105 of the Pa criminal code.
For Violent Crimes charges of Persons not to possess or use firearms, once an individual has been convicted of a felony, or fit into any of the populations mentioned previously, they have a period of 60 days to get rid of any firearms that they may have purchased before the conviction. strangulation Additionally, the statute states that an accused may not transfer a firearm over to another person whom is not in that individual’s household. Failure to do so is considered a felony of the second degree which carries with it a sentence of up to 10 years incarcerated. Being prohibited from anything to do with firearms is lifelong. If an individual who has been prohibited from anything to do with firearms, then obtains a new firearm after being prohibited from doing so and is found in possession of it, that is also a second-degree felony. Due to the seriousness of this offense it is important to get good legal representation if you have been charged with this offense. A good defense attorney will look to see if you actually meet the criteria to be prohibited from firearms, introduce doubt that the gun was actually yours, or see if the police violated any of your rights during the discovery of the firearm. The attorneys at the Law Offices of Kelly and Conte are experienced attorneys who will help you get the best resolution given the facts of your case.