Discharge of a Firearm into an Occupied Structure Lawyer

Discharge Of A Firearm Into An Occupied Structure

Under 18 Pa.C.S. § 2707.1, Pennsylvania law prohibits the Discharge of a Firearm into an Occupied Structure. In essence, the crime prohibits knowingly, intentionally, or recklessly discharging a firearm from any location into an occupied structure.

The statutory scheme provides that a person acts recklessly when he or she consciously disregards a substantial and unjustifiable risk that his or her conduct will bring about such a result. The risk must be of such a nature and degree that, considering the nature and intent of the defendant’s conduct and the circumstances known to him or her, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the defendant’s situation.

Elements Of Firing A Gun Into A Structure That Is Occupied

Under 18 Pa.C.S. § 2707.1, the elements of the crime include:

• The defendant discharged a firearm into an occupied structure;
• The defendant was not in the occupied structure when the defendant discharged the firearm into it; and
• The defendant did so intentionally, knowingly, or recklessly. A person acts intentionally when it is his or her conscious object or purpose to discharge a firearm into an occupied structure

A person acts knowingly when he or she is aware that it is practically certain that his or her conduct will cause such a result. The jury instructions for alleged violations of Under 18 Pa.C.S. § 2707.1 can be found in the Pennsylvania Suggested Standard Criminal Jury Instructions, which were last revised in June 2010.

Definitions For Improper Discharge Of A Firearm

Under Pennsylvania’s law against firing a gun into an occupied structure, the following definitions are used throughout the statutory scheme: The term “firearm” is defined under Pennsylvania law as “any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosion, or the frame or receiver of any such weapon.”

The term “occupied structure” is defined as “any structure, vehicle, or place adapted for overnight accommodation of persons or for carrying on business therein, whether or not a person is actually present.”

Additional Resources

Pennsylvania Firearm Laws — Visit the website for Firearms Owners Against Crime to learn more about Pennsylvania Laws Relating to Firearms. You can also download a booklet on Pennsylvania laws relating to the possession, used, discharge, sale, or transfer of a firearm. The materials were prepared by the Legislative Reference Bureau, editing and publishing office for distribution by the members of the General Assembly in Harrisburg, PA. The information was last revised on February 15, 2013. Also find the latest proposed laws and upcoming events.

Pennsylvania Code, Consolidated Statutes, Section 2707.1 — Discharge of a Firearm — Visit the website of the Pennsylvania General Assembly to find more information on the statutory scheme for discharging a firearm into an occupied structure under Section 2702.1, which is charged as a third-degree felony even if no one is injured.

Defense Options for Improper Discharge

Pennsylvania law provides special defenses for law enforcement officers charged with the Discharge of a Firearm into an Occupied Structure when the defendant is a hunter or law enforcement officer.

18 Pa.C.S. § 2707.1 includes language that it is a complete defense to this charge that the defendant, at the time the defendant discharged the firearm, was a law enforcement officer engaged in the performance of official law enforcement duties.

After the defense is raised, the prosecutor for the Commonwealth of Pennsylvania has the burden to disprove this defense beyond a reasonable doubt. That is, in addition to the elements described above, the Commonwealth must prove beyond a reasonable doubt that the defendant was not a law enforcement officer engaged in the performance of official law enforcement duties.

It is also a complete defense to this charge if:

• The defendant was engaged in a hunting activity when the defendant discharged the firearm;
• The defendant discharged the firearm from a location where the hunting activity was lawful; and
• The passage of the projectile from the firearm into the occupied structure was not intentional, knowing, or reckless

The Commonwealth has the burden to disprove this defense beyond a reasonable doubt. That is, in addition to the elements described above, the prosecutor for the Commonwealth of Pennsylvania must prove beyond a reasonable doubt that, at the time the defendant discharged the firearm, the defendant was not engaged in hunting activity from a location where hunting activity was lawful, and that the defendant did not act intentionally, knowingly, or recklessly in causing the projectile to pass into the occupied structure. (See Commonwealth v. McCoy, 962 A.2d 1160 (Pa. 2009)).

An Attorney For Improper Firearm Discharge Can Help

If you were charged with improperly firing a gun into an occupied structure, a third-degree felony, then contact an experienced defense attorney for Chester County and Delaware County, PA. With offices in West Chester in Chester County, PA, criminal defense attorney Michael Skinner is focused on fighting crimes involving firearms and weapons. He is ready to begin your case today. Call (610) 436-1410 for a free consultation with a West Chester criminal defense lawyer to discuss the facts of your case, how to avoid the potential penalties, and to learn about important defenses to fight the charges.