Gun Possession Defense – Firearm Charges in Philadelphia, PA

Defending Clients Charged with Illegal Gun Possession in Pennsylvania

Gun laws in Pennsylvania — especially in Philadelphia — are complex, strict, and aggressively enforced. Whether you're facing charges for carrying a firearm without a license, possessing a prohibited weapon, or being a felon in possession of a firearm, a conviction can result in mandatory prison time, loss of firearm rights, and a permanent criminal record.

At the Law Office of Mark D. Hauser, we bring over 30 years of experience defending clients accused of firearm-related offenses. We know the law. We know the courts. And we know how to fight to protect your freedom and your Second Amendment rights.

Common Gun Charges in Pennsylvania

We represent clients in all types of firearm-related cases, including:

1. Carrying a Firearm Without a License (CCW Violation)

In Pennsylvania, carrying a concealed firearm on your person or in your vehicle requires a valid license to carry firearms (LTCF) — unless you're exempt under very narrow circumstances. In Philadelphia, this rule is enforced especially aggressively.

  • First offense: Felony 3, punishable by up to 7 years in prison

  • Second offense or aggravating factors may enhance penalties

2. Possession of a Firearm by a Prohibited Person

Certain individuals are legally barred from possessing a gun, including:

  • Felons

  • People with prior domestic violence convictions

  • Individuals with active protection from abuse (PFA) orders

  • Undocumented immigrants

  • People with certain mental health adjudications

Violations can result in Felony 2 charges and mandatory sentencing under Pennsylvania’s Uniform Firearms Act or federal law.

3. Possession of a Firearm on School Property

Even a licensed gun owner may not carry a firearm into a school building or onto school grounds. This is charged as a misdemeanor of the first degree, with a maximum sentence of 5 years in prison.

4. Altered or Unregistered Firearms

Possessing a gun with a scratched-off serial number or a “ghost gun” (privately made firearm with no serial number) can lead to state and federal charges.

5. Gun Charges During the Commission of Another Crime

If a firearm is present during another alleged offense (e.g., robbery, assault, drug trafficking), the gun can lead to sentence enhancements or additional felonies, including Possession of a Firearm During the Commission of a Crime of Violence.

Philadelphia’s Unique Gun Laws and Enforcement

Gun possession laws are enforced much more aggressively in Philadelphia County than in many other parts of Pennsylvania. The city has zero tolerance policies, and prosecutors often seek harsh penalties, even for first-time offenders.

Moreover, police frequently conduct traffic stops, searches, and pat-downs that result in gun possession charges. However, if the search or seizure was illegal, any evidence recovered may be inadmissible in court.

How We Defend Gun Possession Charges

Our defense strategies depend on the facts of your case, but often include:

Challenging the legality of the stop, search, or arrest
Arguing lack of actual or constructive possession
Asserting constitutional violations (4th or 2nd Amendment)
Filing motions to suppress illegally obtained evidence
Negotiating for reduced charges, probation, or diversion (when available)

In some cases, we may also assist in getting your firearm rights restored or defending against a federal indictment if your case is escalated.

Who We Represent

We defend individuals from all walks of life who are facing firearm charges, including:

  • First-time offenders with no criminal record

  • Licensed gun owners caught unaware of Philadelphia’s stricter rules

  • Individuals with prior felony convictions accused of illegal possession

  • Out-of-state residents unfamiliar with Pennsylvania gun laws

  • Juveniles charged with unlawful possession of firearms

Don’t Let One Gun Charge Ruin Your Life

Gun possession charges are serious — and in many cases, the law is not on your side. You need an experienced defense attorney who understands both Pennsylvania and federal firearm laws and knows how to build a powerful defense.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.