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WEST CHESTER FIREARM / WEAPON CHARGES

Although citizens of the United States have the constitutional right to bear arms, there are limits. Under Pennsylvania and federal law, certain laws and regulations regarding weapons and guns are enacted primarily to ensure citizens safety, including a bearer’s safe use of weapons. Sometimes, possession of a firearm is classified as criminal offenses and can result in severe punishments.  A few of the most common firearm criminal offenses in Pennsylvania are:

  • Possession of a Prohibited Weapon
  • Concealment of a Firearm / Weapon
  • Unlawful Firearm Possession
  • Unlawful Sale or Transfer of Firearm

Chester County and Delaware County Firearm Charge Defense Attorney

If you have been charged with committing a violent crime in Chester County or Delaware County, contact the Skinner Law Firm.  Michael J. Skinner is experienced with Pennsylvania’s firearm and weapons offenses and will make every effort to achieve the best result possible in your case. Call the Skinner Law Firm at (610) 436-1410 for a consultation today.


Information Center for Pennsylvania Weapons Crimes


Firearm Offenses in Chester County and Delaware County

The Uniform Firearms Act, codified in the Pennsylvania Consolidated Statutes Title 18 § 6101 – 6187, defines all offenses and penalties associated with firearm use in Pennsylvania.  A few of these criminal charges are:

Possession of a Prohibited Weapon – Pennsylvania Consolidated Statutes Title 18 § 908 – A person commits a misdemeanor of the first degree if he possesses any offensive weapon such as a firearm, bomb, grenade, machine gun, sawed-off shotgun, dagger, knife, switch-blade knife, stun gun or any other weapon that can inflict serious body injury.  A conviction of this offense is a misdemeanor of the first degree.

Concealment of a Firearm of Weapon – A person eligible to possess a license, but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree. The offense is a felony of the third degree if any person carries a firearm concealed on or about his person except in his place of abode or fixed place of business without a valid and lawfully issued license.

Prohibited Firearm Possession – Pennsylvania Consolidated Statutes Title 18 § 6105 – A person who has been convicted of certain offenses, any fugitive, a person who has been convicted of driving under the influence, a person who has been adjudicated incompetent or involuntarily committed to a mental hospital, an illegal alien or a person who has been adjudicated delinquent is prohibited from possessing a firearm under this section.

Unlawful Sale or Transfer of Firearm – Pennsylvania Consolidated Statutes Title 18 § 6111 – It is a crime in Pennsylvania for a seller to sell or transfer a firearm to a purchaser if the person has not properly applied, before the statutory waiting period has ended, or to a person prohibited from purchasing a firearm.

Discharge of a Firearm into an Occupied Structure – Under 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.


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Offenses Prohibiting Someone from Carrying a Firearm

For certain convictions, a person may be prohibited from owning, possessing or using a firearm.  The following is a list of offenses which almost always results in the loss to own or possess a firearm:

  • Murder
  • Voluntary or Involuntary Manslaughter
  • Aggravated Assault
  • Stalking
  • Kidnapping
  • Rape
  • Arson
  • Burglary
  • Robbery
  • Impersonating a Law Enforcement Officer

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Person Permitted and Not Permitted to Carry Weapons in Chester County and Delaware County

Certain persons are permitted to carry firearms without a license.  These people include, but are not limited to, constables, sheriffs, prison or jail wardens, members of the military, anyone engaged in target shooting, officers or employees of the United States, agents of common carriers, any person engaged in the business of manufacturing, or any person in the business of dealing or repairing firearms.

However, there are also certain people who are not permitted to carry firearms. Anyone on probation or parole is generally ineligible to own, possess or live in a residence with firearms. One of the most common examples is a person who was previously involuntarily committed to a mental facility. While certain exceptions apply, people under this category are generally prohibited from owning or possessing a firearm.


Types of Firearms and Weapons Charges in Pennsylvania

The offense listings for firearm and weapons charges in Pennsylvania include:

18 Pa.C.S. §   DESCRIPTION STATUTORY CLASS §  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 crime) 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 & crim act.)

F-3 9 1
6106(a)(2)* Firearms-carried w/o license: eligible (unloaded/no ammo available & crim act.) F-3 7 1
6106(a)(2)* Firearms-carried w/o license (loaded/ammo available/no other crim. act.) M-1 4 1
6106(a)(2)* Firearms-carried w/o license (unloaded/no ammo available/no other crim. 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. num. (loaded/ammo available) F-2 10 2
6110.2(a)* Firearms-possession w/altered mfr. num. (unloaded/no ammo available) F-2 9 2
6111(a)(1) Firearms-sale/transfer: deliver before 48 hrs M-2 2 m
6111(a)(1) Firearms-sale/transfer: deliver before 48 hrs (2nd/subsq off) F-2 9 2
6111(a)(1) Firearms-sale/transfer: deliver before 48 hrs (false statements) F-3 8 1
6111(a)(1) Firearms-sale/transfer: deliver before 48 hrs (inappropriate use of crim history) F-3 5 1
6111(a)(1) Firearms-sale/transfer: deliver before 48 hrs (sell to ineligible) F-3 8 1
6111(a)(1) Firearms-sale/transfer: deliver before 48 hrs (unlawful crim history request) F-3 5 1
6111(a)(2) Firearms-sale/transfer: deliver w/o crim

history check

M-2 2 m
6111(a)(2) Firearms-sale/transfer: deliver w/o crim

history check (2nd/subsq off)

F-2 9 2
6111(a)(2) Firearms-sale/transfer: deliver w/o crim

history check (false statements)

F-3 8 1
6111(a)(2) Firearms-sale/transfer: deliver w/o crim

history check (inappropriate use of crim history)

F-3 5 1
6111(a)(2) Firearms-sale/transfer: deliver w/o crim

history check (sell to ineligible)

F-3 8 1
6111(a)(2) Firearms-sale/transfer: deliver w/o crim

history check (unlawful crim 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/subsq off) 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 crim 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 crim 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/

subsq off)

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 crim 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 crim 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/subsq off) 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 crim 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 crim 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/subsq off) 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/subsq off) 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

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Weapons and Firearm Resources in Pennsylvania

National Rifle Association – The national firearms education organization is a political force and leading defender of citizens’ Second Amendment rights.

Pennsylvania Consolidated Statutes Online – Title 18 of the Pennsylvania Consolidated Statutes, also cited as 18 Pa. Const. Stat., contains all of the state’s rules and regulations regarding firearm and weapons offenses in the state of Pennsylvania.  This link goes directly to Title 18, which is entitled “Crimes and Offenses.”

Bureau of Alcohol, Tobacco, Firearms and Explosives – This national law enforcement agency protects United States citizens from violent crimes and the illegal use and trafficking of firearms.

Pennsylvania State Police – This governmental department was created to serve the public in Pennsylvania by seeking justice, preserving peace and improving the quality of law for all. The site has information on traffic and crime initiatives, safety tips and services provided by the department.


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West Chester and Media Pennsylvania Gun Charge Defense Lawyer

Contact the Skinner Law Firm today for a consultation about your alleged weapon or firearm offense in Chester County, Pennsylvania, and the surrounding areas of Delaware County. Michael J. Skinner will listen to the facts of your case and help you identify any mitigating factors or applicable defenses to have your charges reduced or even dismissed.

If you were charged with a crime for the concealment of a weapon, illegal possession, unlawful use or discharge, or the unlawful sale of a firearm, then contact us to discuss your case. Call (610) 436-1410 for a consultation about your firearm or weapons charge in Pennsylvania.

This article was last updated on Friday, February 5, 2016.

Michael Skinner
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