How a Criminal Defense Attorney Defends Against Gun Charges in Pennsylvania

Here’s how a skilled criminal defense lawyer approaches gun charges—and what you should expect during your case.

Common Gun Charges in Pennsylvania

Pennsylvania law recognizes a range of firearm-related offenses, including:

• Carrying a firearm without a license (18 Pa. C.S. § 6106)

• Possession of a firearm by a prohibited person (18 Pa. C.S. § 6105)

• Possession of a firearm with an altered serial number

• Illegal transfer or sale of a firearm

• Possession of a firearm on school property

• Straw purchase of a firearm

In Philadelphia, local law enforcement and prosecutors pursue gun charges aggressively—even if you’re a first-time offender.

Penalties for Gun Charges in Pennsylvania

Penalties vary based on the type of offense, but they often include:

• Felony convictions

• Mandatory minimum jail sentences (especially for repeat offenses)

• Firearm forfeiture

• Loss of gun ownership rights

• Enhanced penalties if the firearm was used during another crime

For example, carrying a firearm without a valid license can be a third-degree felony, punishable by up to 7 years in prison and a $15,000 fine.

How a Criminal Defense Attorney Fights Gun Charges

An experienced criminal defense lawyer can challenge gun charges through a variety of legal strategies tailored to the facts of your case:

✅ Challenging the Traffic Stop or Search

If police discovered a firearm during a vehicle stop or search, your attorney will investigate whether:

• The stop was lawful

• Police had probable cause or a valid warrant

• Your Fourth Amendment rights were violated

• The weapon was discovered in a way that justifies suppression of evidence

If the search was unlawful, the firearm may be excluded from evidence—often resulting in a full dismissal of the charge.

✅ Arguing Lack of Knowledge or Possession

In many gun cases, the prosecution must prove you knew the firearm was present and that you intended to possess it.

For example:

• A gun found under a car seat may not clearly belong to the driver

• A firearm in a shared home or backpack could have belonged to someone else

• The weapon may have been planted or misidentified

Your lawyer may argue that you were unaware of the gun’s presence or had no intent to control it.

✅ Asserting Lawful Possession or Licensing

If you had a valid license to carry or were exempt from licensing requirements, your attorney may be able to show:

• You were transporting the gun legally

• You were moving between your home and a shooting range

• You were hunting or lawfully engaged in recreation

• You believed in good faith that your license was valid

Even if your license was expired or issued by another state, a lawyer may argue for leniency or reduction in charges.

✅ Negotiating for Diversion or Reduced Charges

In some non-violent firearm cases, your attorney may seek:

• Dismissal in exchange for forfeiture of the weapon

• ARD program eligibility (for eligible first-time offenders)

• Reduction to a misdemeanor or summary offense

• Avoidance of mandatory minimums

Prosecutors are often more flexible if the gun was not used in a crime, and no one was hurt.

Why You Shouldn’t Handle Gun Charges Alone

Pennsylvania has complex gun laws, and many cases involve federal firearm regulations as well. Without a skilled defense attorney:

• You may face unnecessary jail time

• You risk losing your Second Amendment rights for life

• You may not know about possible defenses or alternatives

Your lawyer will investigate the facts, file pretrial motions, and build a strategic defense to protect your rights and future.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you’re facing gun charges in Pennsylvania, don’t take chances. With over 30 years of experience defending clients in Philadelphia and across the state, Mark D. Hauser knows how to challenge evidence, protect your record, and fight for the best possible outcome.

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