West Chester

Possession of a Prohibited Weapon Lawyer

If you are currently dealing with possession of a prohibited weapon charge, you do have options with regard to fighting the allegations by taking advantage of the legal knowledge and experience of a capable firearm attorney.

With years of experience defending those in a similar situation, Michael J. Skinner of the Skinner Law Firm is well-positioned to provide excellent client service while using his understanding of the legal system and firearms laws to effectively argue your case.

As an attorney committed to protecting the rights of all his clients, Michael will personally handle every aspect of your case, making sure to do all that he can to get the charges reduced or completely dismissed. Contact (610) 436-1410 to schedule a free consultation if you were arrested or charged in the surrounding cities of Southeastern Pennsylvania.

Possession Of Prohibited Weapons in Pennsylvania

The state of Pennsylvania has very specific guidelines on what constitutes a prohibited weapon. Being caught with a prohibited weapon without the proper authority can bring with it severe penalties in the form of both fines and jail time if convicted.

With specific guidelines also come specific exceptions. Pennsylvania Statutes have a detailed way in which an individual could keep from being charged, making a strong defense strategy vital in a situation such as this.

Pennsylvania Prohibited Weapons Law

Pa. Cons. Stat. §908 states that a person will be charged with a misdemeanor of the first degree if, except as authorized by law, he or she makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.

An “offensive weapon” is defined as any:

  • Bomb
  • Grenade
  • Machine gun
  • Sawed-off shotgun with a barrel less than 18 inches
  • Firearm specially made for concealment or silent discharge,
  • Blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, in which the blade is exposed in an automatic way by switch, push-button, spring mechanism or otherwise
  • Stun gun, stun baton, taser or other electronic or electric weapon or another implement for the infliction of serious bodily injury which serves no common lawful purpose.

As for the penalties, according to Pa. Cons. Stat. §1104, you will be charged with a misdemeanor of the first degree, which comes with a presumptive sentence of up to 5 years in prison and/or fines of up to $10,000.

Possession Of A Prohibited Weapon Exceptions

There are specific exceptions when it comes to this charge. If you meet any of these, you may be able to get the charges reduces or possibly dropped (Pa. Cons. Stat. §908):

  • If the defendant proves, by a preponderance of the evidence, that he possessed or dealt with the weapon solely as a curio or in a dramatic performance, or that, with the exception of a bomb, grenade or incendiary device, he complied with the National Firearms Act (26 U.S.C. §5801). Or that he possessed it briefly in consequence of having found it or taken it from an aggressor, or under circumstances similarly reducing the intent or likelihood that the weapon would be used unlawfully.
  • If the defendant is a police firearms expert, who is operating in the ordinary course of business.
  • If the defendant makes, sells, repairs or otherwise deals in, uses or possesses any firearm for purposes not prohibited by the laws of the commonwealth (Pennsylvania).

A Prohibited Weapons Lawyer Can Help

If you have been charged with possession of a prohibited weapon in or around the counties of Chester and Delaware, contact Michael J. Skinner of the Skinner Law Firm to discuss the particular facts of your case and your possible defenses. There may be options to mitigate your charges or have them dismissed altogether. Hiring an aggressive attorney is your best option to avoid harsh penalties.

Contact Michael J. Skinner at (610) 436-1410 for a consultation about your alleged possession of a prohibited weapon offense in Southeastern Pennsylvania.