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Pennsylvania’s gun laws are incredibly strict, and Northampton County prosecutors aggressively pursue firearms charges. Whether you are accused of carrying a concealed weapon without a license, possessing a firearm as a prohibited person, or illegally transferring a gun, the consequences can be devastating. A conviction often results in mandatory state prison time, steep fines, and the permanent loss of your Second Amendment rights.
At SKA Law Group, we know that good people can easily fall into the trap of Pennsylvania’s complex gun laws. We defend clients in Easton, Bethlehem, and throughout Northampton County against all types of firearms offenses. We aggressively challenge illegal police searches, lack of probable cause, and constructive possession theories to protect your freedom.
Pennsylvania Uniform Firearms Act: The Most Common Gun Charges
The majority of gun crimes in Pennsylvania fall under the Uniform Firearms Act (Title 18, Chapter 61). The two most common and serious charges are Section 6105 and Section 6106.
Section 6105: Persons Not to Possess, Use, Manufacture, Control, Sell or Transfer Firearms
Under 18 Pa.C.S. § 6105, it is illegal for certain individuals to possess a firearm. You are a “prohibited person” if you have been convicted of specific enumerated offenses (such as robbery, burglary, or aggravated assault), if you are an undocumented immigrant, if you are a fugitive from justice, or if you have been involuntarily committed to a mental institution. A violation of Section 6105 is typically graded as a Second-Degree Felony (F2), punishable by up to 10 years in prison.
Section 6106: Firearms Not to Be Carried Without a License
Under 18 Pa.C.S. § 6106, it is illegal to carry a firearm concealed on your person or in a vehicle without a valid License to Carry Firearms (LTCF). Unlike some states, Pennsylvania requires a permit for concealed carry. If you are otherwise eligible to own a gun but simply failed to get a permit, this is a Third-Degree Felony (F3), carrying up to 7 years in prison. If you are not eligible to own a gun, it is graded as a Second-Degree Felony.
Felony vs. Misdemeanor Gun Charges in Pennsylvania
While most gun charges in Pennsylvania are felonies, there are some exceptions. The critical difference between a felony and a misdemeanor gun charge lies in the severity of the penalties and the long-term consequences.
- Felony Gun Charges: Include Sections 6105, 6106, and 6110.2 (Possession of a Firearm with an Altered Manufacturer’s Number). Felonies carry heavy state prison sentences, significant fines, and a lifetime ban on owning firearms.
- Misdemeanor Gun Charges: Section 6108 (Carrying Firearms on Public Streets or Public Property in Philadelphia) is a First-Degree Misdemeanor. While less severe than a felony, it still carries up to 5 years in prison and a criminal record.
Pennsylvania Illegal Possession of Firearm Sentencing Guidelines
When determining sentences for gun crime convictions, Pennsylvania judges rely on a sentencing matrix based on the Offense Gravity Score (OGS) and the defendant’s Prior Record Score (PRS). Gun crimes carry high OGS numbers. For example, a Section 6105 violation can have an OGS ranging from 4 to 10, depending on the circumstances (e.g., if the gun was loaded). The higher the OGS and PRS, the longer the recommended prison sentence.
Furthermore, prosecutors frequently seek the Deadly Weapon Enhancement, which can significantly increase the sentencing guidelines if a firearm was used or possessed during the commission of another crime.
What Happens at a Preliminary Hearing for Gun Charges in PA?
The preliminary hearing is your first major court appearance. The evidentiary standard here is low; the prosecution only needs to show a “prima facie” case—meaning it is more probable than not that a crime occurred and you committed it. Most gun cases are “held for court” (sent to trial) at this stage.
However, a skilled defense attorney uses the preliminary hearing to collect crucial information. We use this opportunity to lock police officers into their testimony, set up future pre-trial motions to suppress evidence, and challenge the foundational basis for the charges. What a Northampton County defense attorney wishes clients knew before arraignment is that the preliminary hearing is a critical strategic tool, not just a formality.
How to Fight a Firearms Charge in Northampton County, Pennsylvania
Can a firearms charge be reduced or dismissed in Pennsylvania? Yes, but it requires an aggressive and strategic defense. Our approach focuses on five key areas:
- Challenging the Stop: We scrutinize whether the police had reasonable suspicion or probable cause to stop your vehicle or stop you on the street. If the stop was illegal, any evidence found (including the gun) can be suppressed.
- Challenging the Search: We file Motions to Suppress Evidence if the police searched you or your property without probable cause or a valid warrant, violating your Fourth Amendment rights.
- Attacking Constructive Possession: If the gun was not found directly on your person (e.g., it was under the passenger seat of a car you were driving), the prosecution must prove “constructive possession.” They must prove you knew the gun was there and had the intent and power to control it. We aggressively challenge this theory, especially if multiple people had access to the area.
- Attacking Witness Credibility: We rigorously cross-examine police officers, eyewitnesses, and confidential informants to expose inconsistencies and credibility issues.
- Leveraging the Preliminary Hearing: As mentioned, we use the preliminary hearing to gather the information needed to support these trial defenses.
Myths About Pennsylvania Gun Laws That Get People Arrested
Many arrests in Northampton County stem from a misunderstanding of the law. Here are common myths that trap good people:
- Myth: “My gun is registered to me, so I can carry it anywhere.”
Fact: Pennsylvania does not have a gun registry. However, to carry a concealed weapon or have a loaded handgun in your vehicle, you must have a valid License to Carry Firearms (LTCF). - Myth: “I have a permit from my home state, so I’m fine in PA.”
Fact: Pennsylvania only honors reciprocity agreements with specific states. If your state is not on that list, your permit is invalid here. - Myth: “I didn’t know the gun was in the car, so I can’t be charged.”
Fact: Police will often charge everyone in the vehicle under the theory of constructive possession. You need a lawyer to fight this assumption.
Why Hiring a Local Northampton County Gun Charge Attorney Matters
My honest take on how Pennsylvania gun laws unfairly trap good people is that the system is unforgiving of mistakes. A momentary lapse in judgment or a misunderstanding of complex reciprocity laws can result in a felony conviction. Northampton County court firearms conviction rates statistics show that prosecutors take these cases very seriously.
You need an attorney who understands the local courts, the specific judges, and the tactics used by the Northampton County District Attorney’s Office. At SKA Law Group, we have the experience and the tenacity to fight for your rights and your freedom.
