Firearms Lawyer

Everyone is afforded the right to own firearms, but the states and local zones do have the right to make rules about what kind of firearms you can own and how they can be used. These rules can affect what weapons are considered firearms, what you can and can’t do with them, and which ones you can legally own. Then there are other tangential rules about how to maintain and register them.

It’s not as difficult as you think to commit a firearm offense. There are subtle things you can do or forget to do that can leave you facing charges. If you’re charged with a firearm offense, contact the criminal defense attorneys at Lermitte & Lubin, LLC. We’ll protect you and your right to own firearms.

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What Are Firearms?

The state of Pennsylvania has a specific definition of what they consider a firearm. A weapon is considered a firearm if it is:

  • A pistol or revolver with a barrel length of fewer than 15 inches.
  • A shotgun with a barrel length of fewer than 18 inches.
  • Any rifle with a barrel length of fewer than 16 inches.
  • Any pistol, revolver, rifle, or shotgun with an overall length of fewer than 26 inches.

You can measure the length of a firearm’s barrel by measuring from the barrel’s muzzle to the face of the closed action, bolt, or cylinder.

Weapons like grenades and rocket launchers are not specifically classified as firearms but as destructive devices. Destructive devices were classified as firearms by the National Firearms Act, so on the federal level, they would be considered firearms. Federal supersedes state, so they must be treated as firearms by every state.

What Firearms Can and Can’t You Legally Own In Pennsylvania?

Pennsylvania doesn’t bar many weapons for purchase or licensed sale. There are residential zones that ban other types of firearms, but the state itself only bans these three types:

There are some concealed firearms that you can purchase with a license. Concealed firearms are the only weapons for which you need a license and only some are available for sale.

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These are automatic weapons meant for use only by military personnel and law enforcement.

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Some shotguns can have their barrel sawed off to increase their burst radius and ability to be concealed and carried. Shotguns are not to be made and sold as concealed firearms.

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There are specific brands of weapons and attachments that are not legal for sale in the United States. Being able to conceal and silence your firearm is not conclusive to defense, but is for murder.

Who is Barred From Owning a Firearm?

Not everyone has the right to own a firearm, either because they have not been given the privilege yet, or they have lost this privilege. This includes:

  • Anyone under the age of 18 years old
  • Fugitives from justice
  • Illegal residents of the United States
  • Subjects of active Protection From Abuse Orders
  • Offenders of specific crimes
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For public safety, there are certain crimes that if you’re found guilty of, you can never purchase another firearm. These include:

  • Organized crime
  • Possessing a weapon on school property
  • Murder
  • Possessing an illegal weapon
  • Manslaughter with a firearm
  • Aggravated assault
  • Stalking
  • Kidnapping or unlawful restraint
  • Rape
  • Luring a child into a motor vehicle
  • Arson
  • Burglary
  • Criminal trespass
  • Robbery
  • Felony theft
  • Impersonating a law enforcement officer
  • Intimidation or retaliation against a witness or victim
  • Escape from prison
  • Riot
  • Paramilitary training
  • Corruption of minors
  • Unlawful sale or lease of weapons and/or explosives
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What Are Firearm Offenses?

Firearm offenses are the special classification given to crimes surrounding firearms, but not necessarily crimes committed with them. Robbing someone with a firearm is not a firearm offense. The firearm is an accessory to the crime, not the crime itself.

Firearm offenses include acts like:

  • Illegal possession: Possessing a stolen or illegal firearm.
  • Concealed carry: Carrying a concealed firearm without a concealed carry permit.
  • Sales or trafficking: Illegally selling or leasing firearms with a seller’s permit.
  • Manufacturing: Making firearms without a license.
  • Importing or exporting firearms: Only licensed manufacturers and sellers can import and export firearms.

Contact the Firearm Offense Attorneys at Lermitte & Lubin, LLC for Help

A firearm offense charge will guarantee that you can never legally own a firearm again if you are found guilty, and that’s in addition to prison time and fines. These are all serious criminal charges, and you need an experienced criminal defense attorney to help you protect your freedom. The attorneys at Lermitte & Lubin, LLC understand the challenges and dangers of a firearm offense charge and are prepared to defend you and your rights. Contact us today.

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