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Firearms charges in Montgomery County are among the most aggressively prosecuted crimes in Pennsylvania. A conviction under the Pennsylvania Uniform Firearms Act (VUFA) can lead to severe felony convictions, significant prison time, and the permanent loss of your Second Amendment rights. The Montgomery County District Attorney’s Office takes gun crimes very seriously, meaning you need an elite defense strategy from day one.
At SKA Law Group, our experienced criminal defense attorneys understand that firearms cases often hinge on complex constitutional issues, such as the legality of police traffic stops, search warrants, and the seizure of the weapon. If you are facing a gun charge in Montgomery County, we will meticulously assess whether the weapon was lawfully owned, whether your Fourth Amendment rights were violated during the stop or arrest, and whether the prosecution can actually prove possession. We provide aggressive defense representation at the Montgomery County Court of Common Pleas in Norristown to protect your freedom.
Common Firearms Offenses in Pennsylvania
Pennsylvania’s Uniform Firearms Act (18 Pa.C.S. Chapter 61) defines several specific gun crimes. The most common charges our attorneys defend against include:
Carrying a Firearm Without a License (18 Pa.C.S. § 6106)
While Pennsylvania allows the open carry of firearms without a permit, it is illegal to carry a concealed firearm on your person or in a vehicle without a valid License to Carry Firearms (LTCF). Exceptions exist for carrying a concealed weapon in your own home or fixed place of business.
Penalty: If you are otherwise eligible to possess a firearm but simply do not have a license, this is graded as a First-Degree Misdemeanor (M1), punishable by up to 5 years in prison. If you are ineligible to obtain a license, the charge is elevated to a Third-Degree Felony (F3), carrying up to 7 years in prison.
Persons Not to Possess Firearms (18 Pa.C.S. § 6105)
It is illegal for certain individuals to own, use, possess, or manufacture a firearm in Pennsylvania. This prohibition applies to convicted felons (including those convicted of murder, robbery, burglary, or aggravated assault), fugitives, individuals convicted of certain domestic violence offenses, those involuntarily committed to a mental institution, and individuals with three or more DUI convictions within a specific timeframe.
Penalty: Possession of a firearm by a prohibited person is a severe offense, typically graded as a Second-Degree Felony (F2), punishable by up to 10 years in prison and a $25,000 fine.
Possession of a Firearm with an Altered Manufacturer’s Number (18 Pa.C.S. § 6110.2)
It is illegal to possess a firearm that has had its serial number obliterated, altered, or removed.
Penalty: This is a Second-Degree Felony (F2), punishable by up to 10 years in prison.
Sentencing Guidelines for Gun Crimes
Pennsylvania utilizes a sentencing matrix based on the Offense Gravity Score (OGS) of the crime and the defendant’s Prior Record Score (PRS). Gun crimes carry high OGS numbers. For example, a Section 6105 violation can have an OGS as high as 10, meaning even a first-time offender faces a standard guideline range of 22 to 36 months in state prison. Furthermore, prosecutors frequently seek sentencing enhancements if the firearm was loaded or used in the commission of another crime.
Defending Against Firearms Charges in Montgomery County
At SKA Law Group, we employ aggressive defense strategies to fight VUFA charges:
Challenging the Search and Seizure: The most effective defense against a gun charge is often a Motion to Suppress. If the police lacked reasonable suspicion to stop you or probable cause to search your vehicle or person, we will fight to have the gun evidence thrown out, which typically leads to a dismissal of the charges.
Lack of Possession (Actual vs. Constructive): If a gun is found in a car with multiple passengers, the prosecution must prove “constructive possession”—that you knew the gun was there and had the intent and power to control it. We aggressively challenge the state’s ability to prove possession beyond a reasonable doubt.
Valid License / Reciprocity: We investigate whether you held a valid license from another state that has reciprocity agreements with Pennsylvania.
Contact SKA Law Group Today
A firearms conviction will permanently alter your life and strip you of your constitutional rights. Do not face the Montgomery County courts alone. Contact SKA Law Group today to schedule a confidential consultation. Our dedicated defense team will protect your rights and fight tirelessly for your freedom.
