Fireams Violaitions

Firearms ViolationFirearms Violation

Firearms Violation

Firearms License Reciprocity

Have a DUI and try to buy a gun in PA? You might get in even more trouble

2nd Amendment

You cannot legally possess a firearm in Pennsylvania if…

  • You have been convicted in any court of a crime punishable by imprisonment for a term exceeding one year
  • You are under indictment for a crime punishable by imprisonment for a term exceeding one year
  • You are a fugitive
  • You are an “unlawful user of” or addicted to controlled substance
  • You have been found mentally defective or committed to a mental institution
  • You are an illegal alien or admitted to the U.S. under a non-immigrant status
  • You have been dishonorably discharged from the U.S. Armed Forces
  • You have renounced your U.S. citizenship
  • You have a court order that restrained you from harassing, stalking or threatening an intimate partner or child of such intimate partner
  • You have been convicted in any court of a misdemeanor crime of domestic violence

Specific Violations

  • Have a gun inside or on federal property, with few exceptions
  • Possess an unregistered firearm
  • Alter, destroy or remove the serial number from a weapon
  • Knowingly provide false statements or show false identification when undergoing a federal criminal background check
  • Possess a firearm if you are a convicted felon
  • “Straw purchase” a firearm for anybody unable to pass the federal background check
  • Alter a semiautomatic weapon to make it fully automatic
  • Transfer a weapon with the knowledge that it is going to be used to commit a drug-trafficking offense or violent crime

Firearms Violation 

Federal law firearms violations as defined in 18 U.S.C. § 922[g][1-9] prohibits certain individuals from possessing firearms, ammunition, or explosives. The penalty for violating this law is ten years imprisonment and/or a $250,000 fine. Further, 18 U.S.C. 3565(b)(2) (probation) and 3583(g)(2) (supervised release) makes it mandatory for the Court to revoke supervision for a firearms violation. Specifically, 18 U.S.C. § 922(g)(1-9) prohibits the following from possessing, shipping/transporting, or receiving any firearm or ammunition:

 

(1) a person convicted of a crime punishable by imprisonment exceeding one year;

(2) a person who is a fugitive from justice;

(3) a person who is an unlawful user of or who is addicted to a controlled substance;

(4) a person who has been adjudicated as a mental defective or who has been admitted to a mental institution;

(5) an alien who is unlawfully in the United States or who has been admitted to the United States under a non-immigrant visa;

(6) a person who has been discharged from the Armed Forces under dishonorable conditions;

(7) a person who, having been a citizen of the United States, renounces his citizenship;

(8) a person subject to a court order that was issued after a hearing in which the person participated, which order restrains the person from harassing, stalking, or threatening an intimate partner or partner’s child, and which order includes a finding that the person is a credible threat to such partner or partner’s child, or by its terms prohibits the use, attempted use or threatened use of such force against such partner or partner’s child;

(9) a person who has been convicted of a misdemeanor crime of domestic violence.

Possession of a firearm may be either actual or constructive. The latter has been defined as follows: “Constructive possession exists when a person knowingly has the power and intention at a given time of exercising dominion and control over the object or over the area in which the object is located.

If you know the firearm is present in your residence, vehicle, etc., and if it can be shown that you have the ability to access and exercise control over that firearm personally or through another individual, then you could be considered to have constructive possession of the firearm. You would then be subject to new criminal charges and/or revocation of supervision. For these reasons, all firearms are to be removed from your residence during the term of supervision.

Firearms License Reciprocity

Firearm Reciprocity

By,
Attorney Steven Townsend

 

“Our growth is the result of a deliberate strategy to meet our clients’ need for coordinated, high-quality legal representation in a changing economy.” Our success has been the result of:

A constant, unrelenting focus on the needs of our clients.
A belief in the strength of a team-based approach to the delivery of our services.
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