The Second Amendment of the United States Constitution gives citizens the right to keep and bare arms. In the landmark case of D.C. vs. Heller, The United States Supreme Court found that the “Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home”. While this may appear that an individual has the absolute right to possess a firearm, states are still able to regulate many aspects of gun possession. In Pennsylvania, an individual can face severe legal penalties if he/she possesses a firearm without a license. It is important that any individual facing such charges to immediately seek the advice of an attorney.

How to Obtain a Valid License to Carry a Firearm

In order to acquire a valid license, the applicant must be at least 21 years old and has to apply to a sheriff for a license to carry a firearm concealed on or about his/her person or in a vehicle within the state of Pennsylvania. Additionally if the applicant is a resident of Pennsylvania, he/she must submit the application with the sheriff of the county in which he/she resides.

After the application is submitted, the sheriff will have 45 days to do an investigation and determine an applicant’s eligibility to be issued a license to carry. Along with the investigation, the sheriff will conduct a background check on the applicant through the Pennsylvania Instant Check System (PICS) to see if the records indicate the applicant is prohibited by law to have a license to carry. A sheriff may deny the applicant’s right to a license to carry if there is reason to believe that the character and reputation of the individual would be likely to act in a manner that is dangerous to society.

Possession of a Firearm Without a License

The State of Pennsylvania requires all of its citizens to obtain a license to carry a firearm in order to lawfully be able to have a firearm on their person. In any situation where an individual is found to have a firearm on them without a license, that individual will be charged with a felony in the third degree which could result in serious jail time.

What Must be Proven to be Convicted of this Crime?

In order to be convicted of carrying a firearm without a license, the prosecutor be able to prove, beyond a reasonable doubt that:

  • The defendant carried a firearm in his/her vehicle or on his/her person
  • The defendant was not in his dwelling or home at the time of the firearm being discovered
  • The defendant did not have a valid license to carry a firearm

I Have Been Charged with Possession of a Firearm Without a License.

If you or someone you know has been charged with this crime, The Law Office of Vincent J. Caputo is ready to help you through this process. We understand that this charge can often be difficult for the individual involved and that is why we will work with you every step of the way in achieving the best outcome possible.