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610-436-1410West Chester
If you have been charged with committing a firearm or other weapon offense in Chester County, contact a dedicated and experienced gun lawyer right away. Although the Constitution gives you the right to keep and use firearms, this right has limits. There are strict laws that regulate who can possess, purchase, sell, and carry handguns and other weapons and in which locations. Violating gun laws can result in severe punishments, and may put your criminal record and firearm rights in jeopardy.
West Chester defense attorney Michael J. Skinner is well-versed in Pennsylvania and federal firearm laws. He understands the nuances that can shift you from a law-abiding gun owner to a defendant in a matter of minutes. It is sometimes possible to clear up a misunderstanding with a prosecutor and avoid gun charges. If a prosecutor files charges or a grand jury indicts you for a felony, there are also ways to defend yourself.
If you are a lawful gun owner currently facing criminal charges in West Chester, Phoenixville, Kennett Square, Oxford, Coatesville, or anywhere in Chester County, do not hesitate to call a gun lawyer at Skinner Law Firm at (610) 436-1410. You will benefit from an experienced attorney explaining your options, protecting your rights, and building the strongest possible defense strategy.
The Uniform Firearms Act (18 PA Cons Stat §§6101 – 6187) defines many of Pennsylvania’s firearm offenses. However, other gun crimes can be found under other areas of Pennsylvania and federal law.
At Skinner Law Firm, some of the most common charges our firearm lawyers defend against include:
Pursuant to 18 PA Cons Stat §6105(b), the law may prohibit you from owning, possessing, or using a firearm if you are convicted of a certain offense. The statute lays out a lengthy list of offenses, including:
The consequences of a gun crime conviction can be harsh. The minimum and maximum sentence you face depend on the level of the offense, such as whether it was a misdemeanor or felony.
In Pennsylvania, misdemeanors and felonies are divided among several degrees, which can be punished as:
Up to 20 years in prison, fines up to $25,000.
Up to 10 years in prison, fines up to $25,000.
Up to seven years in prison, fines up to $15,000.
Up to five years in prison, fines up to $10,000.
Up to two years in prison, fines up to $5,000.
Up to one year in prison, fines up to $2,500.
Additionally, when a judge or jury decides your sentence, they will consider the offense gravity score. Each crime in Pennsylvania is given a score. The higher the score, the more serious the offense, and the greater the recommended penalty.
A judge or jury also considers your criminal record. You are assigned a score between one and five points, which influences your sentence. Each crime is assigned a prior record value one m, which is a one-half point, one, or two. You only add an “m” offense if it would add up to a whole number. Your score cannot be one and half or two and a half.
Once all of these factors are calculated, Pennsylvania provides a sentencing matrix that is used to calculate your sentence.
If you are convicted of a gun crime in Pennsylvania, fines and incarceration are not the only penalties. A conviction results in a permanent criminal record, which in turn leads to stigma and collateral consequences.
A gun conviction can result in:
18 PA Con Stat § | Description | Statutory Class (Misdemeanor, Felony-Degree) | §303.3 Offense Gravity Score | §303.7
Prior Record Score Points |
907(a) | Possessing instruments of crime (criminal instruments) | M-1 | 3 | m |
907(b) | Possessing instruments of crime (weapon) | M-1 | 4 | 1 |
907(c) | Possessing instruments of crime (unlawful body armor) | F-3 | 5 | 1 |
908(a) | Prohibited offensive weapons | M-1 | 4 | 1 |
908.1(a)(1) | Use electric incapacitation device (intent to commit felony) | F-2 | 8 | 2 |
908.1(a)(1) | Use electric incapacitation device (no intent to commit felony) | M-1 | 5 | 1 |
908.1(a)(2) | Possess electric incapacitation device (intent to commit felony) | F-2 | 7 | 2 |
908.1(a)(2) | Possess electric incapacitation device (no intent to commit felony) | M-1 | 4 | 1 |
912(b) | Possession of weapon on school property | M-1 | 4 | 1 |
913(a)(1) | Possession of weapon in court facility | M-3 | 1 | m |
913(a)(2) | Possession of weapon in court facility (intend for criminal) | M-1 | 3 | 1 |
6105(a)(1)* | Firearms-persons not to possess: convicted of enumerated felony (loaded/ammo available) ((a.1)(1)) | F-2 | 10 | 2 |
6105(a)(1)* | Firearms-persons not to possess: convicted of enumerated felony (unloaded/no ammo available) ((a.1)(1)) | F-2 | 9 | 2 |
6105(a)(1)* | Firearms-persons not to possess: convicted of enumerated misd. (loaded/ammo available) ((a.1)(1)) | M-1 | 3 | 1 |
6105(a)(1)* | Firearms-persons not to possess: convicted of enumerated misd. (unloaded/no ammo available) ((a.1)(1)) | M-1 | 3 | 1 |
6105(a)(1)* | Firearms-persons not to possess: accept w/PFA (loaded/ammo available) ((a.1)(2)(i)) | M-3 | 2 | m |
6105(a)(1)* | Firearms-persons not to possess: accept w/PFA (unloaded/no ammo available) ((a.1)(2)(i)) | M-3 | 1 | m |
6105(a)(1)* | Firearms-persons not to possess: fail to relinquish w/PFA (loaded/ammo available) ((a.1)(2)) | M-1 | 5 | 1 |
6105(a)(1)* | Firearms-persons not to possess: fail to relinquish w/PFA (unloaded/no ammo available) ((a.1)(2)) | M-1 | 4 | 1 |
6105(a)(1)* | Firearms-persons not to possess: return to person w/PFA (loaded/ammo available) ((a.1)(5)) | M-1 | 6 | 1 |
6105(a)(1)* | Firearms-persons not to possess: return to person w/PFA (unloaded/no ammo available) (a.1)(5) | M-1 | 5 | 1 |
6105(a)(1)* | Firearms-persons not to possess: fugitive
from justice (loaded/ammo available) ((c)(1)) |
M-1 | 6 | 1 |
6105(a)(1)* | Firearms-persons not to possess: fugitive from justice (unloaded/no ammo available) ((c)(1)) | M-1 | 5 | 1 |
6105(a)(1)* | Firearms-persons not to possess: convicted of drug offense (loaded/ammo available) ((c)(2)) | M-1 | 6 | 1 |
6105(a)(1)* | Firearms-persons not to possess: convicted of drug offense (unloaded/no ammo available) ((c)(2)) | M-1 | 5 | 1 |
6105(a)(1)* | Firearms-persons not to possess: convicted of DUI (loaded/ammo available) ((c)(3)) | M-1 | 6 | 1 |
6105(a)(1)* | Firearms-persons not to possess: convicted of DUI (unloaded/no ammo available) ((c)(3)) | M-1 | 5 | 1 |
6105(a)(1)* | Firearms-persons not to possess: incompetent/mental illness (loaded/ammo available) ((c)(4)) | M-1 | 5 | 1 |
6105(a)(1)* | Firearms-persons not to possess: incompetent/mental illness (unloaded/no ammo available) ((c)(4)) | M-1 | 4 | 1 |
6105(a)(1)* | Firearms-persons not to possess: alien (loaded/ammo available) ((c)(5)) | M-1 | 6 | 1 |
6105(a)(1)* | Firearms-persons not to possess: alien (unloaded/no ammo available) ((c)(5)) | M-1 | 5 | 1 |
6105(a)(1)* | Firearms-persons not to possess: active PFA (loaded/ammo available) ((c)(6)) | M-1 | 6 | 1 |
6105(a)(1)* | Firearms-persons not to possess: active PFA (unloaded/no ammo available) ((c)(6)) | M-1 | 5 | 1 |
6105(a)(1)* | Firearms-persons not to possess: adjudicated delinquent (loaded/ammo available) ((c)(7)) | M-1 | 6 | 1 |
6105(a)(1)* | Firearms-persons not to possess: adjudicated delinquent (unloaded/no ammo available) ((c)(7)) | M-1 | 5 | 1 |
6105(a)(1)* | Firearms-persons not to possess: adjudicated delinquent (loaded/ammo available) ((c)(8)) | M-1 | 6 | 1 |
6105(a)(1)* | Firearms-persons not to possess: adjudicated delinquent (unloaded/no ammo available) ((c)(8)) | M-1 | 5 | 1 |
6105(a)(1)* | Firearms-persons not to possess: other under U.S.C. (loaded/ammo available) ((c)(9)) | M-1 | 6 | 1 |
6105(a)(1)* | Firearms-persons not to possess: other under U.S.C. (unloaded/no ammo available) ((c)(9)) | M-1 | 5 | 1 |
6106(a)(1)* | Firearms-carried w/o license: ineligible (loaded/ammo available) | F-3 | 9 | 1 |
6106(a)(1)* | Firearms-carried w/o license: ineligible (unloaded/no ammo available) | F-3 | 7 | 1 |
6106(a)(2)* | Firearms-carried w/o license: eligible
(loaded/ammo available & criminal act.) |
F-3 | 9 | 1 |
6106(a)(2)* | Firearms-carried w/o license: eligible (unloaded/no ammo available & criminal act.) | F-3 | 7 | 1 |
6106(a)(2)* | Firearms-carried w/o license (loaded/ammo available/no other criminal act.) | M-1 | 4 | 1 |
6106(a)(2)* | Firearms-carried w/o license (unloaded/no ammo available/no other criminal act.) | M-1 | 3 | 1 |
6107(a) | Firearms-prohibited conduct during emergency | M-1 | 3 | 1 |
6108* | Firearms-carrying in Philadelphia (loaded/ammo available) | M-1 | 5 | 1 |
6108* | Firearms-carrying in Philadelphia (unloaded/no ammo available) | M-1 | 4 | 1 |
6110.1(a) | Firearms-possession by minor | M-1 | 3 | 1 |
6110.1(c) | Firearms-delivery to minor by adult | F-3 | 7 | 1 |
6110.2(a)* | Firearms-possession w/altered mfr. number (loaded/ammo available) | F-2 | 10 | 2 |
6110.2(a)* | Firearms-possession w/altered mfr. number (unloaded/no ammo available) | F-2 | 9 | 2 |
6111(a)(1) | Firearms-sale/transfer: deliver before 48 hours | M-2 | 2 | m |
6111(a)(1) | Firearms-sale/transfer: deliver before 48 hours (2nd/subsequent offense) | F-2 | 9 | 2 |
6111(a)(1) | Firearms-sale/transfer: deliver before 48 hours (false statements) | F-3 | 8 | 1 |
6111(a)(1) | Firearms-sale/transfer: deliver before 48 hours (inappropriate use of criminal history) | F-3 | 5 | 1 |
6111(a)(1) | Firearms-sale/transfer: deliver before 48 hours (sell to ineligible) | F-3 | 8 | 1 |
6111(a)(1) | Firearms-sale/transfer: deliver before 48 hours (unlawful criminal history request) | F-3 | 5 | 1 |
6111(a)(2) | Firearms-sale/transfer: deliver w/o criminal history check | M-2 | 2 | m |
6111(a)(2) | Firearms-sale/transfer: deliver w/o criminal history check (2nd/subsequent offense) | F-2 | 9 | 2 |
6111(a)(2) | Firearms-sale/transfer: deliver w/o criminal history check (false statements) | F-3 | 8 | 1 |
6111(a)(2) | Firearms-sale/transfer: deliver w/o criminal history check (inappropriate use of criminal history) | F-3 | 5 | 1 |
6111(a)(2) | Firearms-sale/transfer: deliver w/o criminal history check (sell to ineligible) | F-3 | 8 | 1 |
6111(a)(2) | Firearms-sale/transfer: deliver w/o criminal history check (unlawful criminal history request) | F-3 | 5 | 1 |
6111(b)(1) | Firearms-sale/transfer: full app/record of sale | M-2 | 2 | m |
6111(b)(1) | Firearms-sale/transfer: full app/record of sale (2nd/subsequent offense) | F-2 | 9 | 2 |
6111(b)(1) | Firearms-sale/transfer: full app/record of sale (false statements) | F-3 | 8 | 1 |
6111(b)(1) | Firearms-sale/transfer: full app/record of sale (inappropriate use of criminal history) | F-3 | 5 | 1 |
6111(b)(1) | Firearms-sale/transfer: full app/record of sale (sell to ineligible) | F-3 | 8 | 1 |
6111(b)(1) | Firearms-sale/transfer: full app/record of sale (unlawful criminal history request) | F-3 | 5 | 1 |
6111(b)(1.2) | Firearms-sale/transfer: transmit fee | M-2 | 2 | m |
6111(b)(1.2) | Firearms-sale/transfer: transmit fee (2nd/subsequent offense) | F-2 | 9 | 2 |
6111(b)(1.2) | Firearms-sale/transfer: transmit fee (false statements) | F-3 | 8 | 1 |
6111(b)(1.2) | Firearms-sale/transfer: transmit fee (inappropriate use of criminal history) | F-3 | 5 | 1 |
6111(b)(1.2) | Firearms-sale/transfer: transmit fee (sell to ineligible) | F-3 | 8 | 1 |
6111(b)(1.2) | Firearms-sale/transfer: transmit fee (unlawful criminal history request) | F-3 | 5 | 1 |
6111(c) | Firearms-sale/transfer: thru licensed dealer | M-2 | 2 | m |
6111(c) | Firearms-sale/transfer: thru licensed dealer (2nd/subsequent offense) | F-2 | 9 | 2 |
6111(c) | Firearms-sale/transfer: thru licensed dealer (false statements) | F-3 | 8 | 1 |
6111(c) | Firearms-sale/transfer: thru licensed dealer (inappropriate use of criminal history) | F-3 | 5 | 1 |
6111(c) | Firearms-sale/transfer: thru licensed dealer (sell to ineligible) | F-3 | 8 | 1 |
6111(c) | Firearms-sale/transfer: thru licensed dealer (unlawful criminal history request) | F-3 | 5 | 1 |
6111(g)(2) | Firearms-sale/transfer: to unqualified or ineligible person | F-3 | 8 | 1 |
6111(g)(2) | Firearms-sale/transfer: to unqualified or ineligible person (2nd/subsequent offense) | F-2 | 9 | 2 |
6111(g)(4) | Firearms-sale/transfer: false statements, materials, ID | F-3 | 8 | 1 |
6111(g)(4) | Firearms-sale/transfer: false statements, materials, ID (2nd/subsequent offense) | F-2 | 9 | 2 |
6112 | Firearms-dealer to be licensed | M-1 | 3 | 1 |
6113(a)(1) | Firearms-dealer license: sell in undesignated area | M-1 | 3 | 1 |
6113(a)(2) | Firearms-dealer license: fail to display license | M-1 | 3 | 1 |
6113(a)(3) | Firearms-dealer license: violation of act | M-1 | 3 | 1 |
6113(a)(4) | Firearms-dealer license: w/o knowledge of purchaser | M-1 | 3 | 1 |
6113(a)(5) | Firearms-dealer license: fail to keep record | M-1 | 3 | 1 |
6113(a)(6) | Firearms-dealer license: display firearm in public view | M-1 | 3 | 1 |
6115(a) | Firearms-lending prohibited | M-1 | 3 | 1 |
6116 | Firearms-give false info/identity for purchase | M-1 | 3 | 1 |
6117(a) | Firearms-alter mfr. number/ID | F-2 | 7 | 2 |
6121(a) | Firearms-certain bullets prohibited | F-3 | 5 | 1 |
6122 | Firearms-proof of license | M-1 | 3 | 1 |
Certain persons are permitted to carry firearms without a license. These people include, but are not limited to:
To carry your handgun hidden on your person, you must obtain a license. Without a valid and lawfully issued license, concealed carry is illegal.
To obtain a concealed carry license, you must be 21 years old and apply for a license in your home county. The sheriff must issue a license if you meet all of the requirements, including a clean criminal record and evidence of a good character and reputation, you are acting a manner that is not dangerous to public safety, and you are not addicted to drugs or alcohol.
If you are arrested for carrying a concealed firearm without a license, contact a gun lawyer immediately.
The purpose of reaching out to an experienced firearm lawyer after being accused of a gun crime is to be able to vigorously defend yourself. To identify the strongest defense strategy or the most persuasive argument for a jury, you need a seasoned and successful attorney’s insights and analysis of your case.
Potential defenses to gun crimes include:
Contact the Skinner Law Firm today for a consultation about your alleged weapon or firearm offense. Attorney Michael J. Skinner will listen to your story and help you identify any mitigating factors or applicable defenses. You must obtain this legal analysis from an attorney who has experience defending against weapons charges. You should not call just any criminal defense attorney.
You want someone who knows Pennsylvania’s gun laws in and out, offers a critical analysis of the prosecutor’s case against you and can build the best strategy to win a reduction in the charges, dismissal, or acquittal.
We know how devastating it can be to lose your right to own and use a firearm, particularly when your gun allows you to hunt, skeet shoot, or feel safe in your own home. To discuss your case, contact us at (610) 436-1410 for a free consultation.