03 Jan 2024

Criminal Defense
Thousands of firearms are sold in Pennsylvania every year, and that’s just including the ones bought legally within the state or bought out-of-state by Pennsylvania residents. With different states having different laws, it’s not uncommon or exceedingly difficult for someone to illegally own a weapon that they legally purchased. This makes it all the more important to be careful and contact an attorney if you are charged with owning a banned firearm. As criminal defense attorneys, we at Lermitte & Lubin, LLC have seen many cases involving banned firearms in Pennsylvania. These cases can result in serious consequences for those who possess or use these prohibited weapons. So you don’t find yourself unexpectedly charged with illegal possession of a firearm, or if you currently are, our attorneys can help. We’ll explain what banned firearms are, which firearms are banned in Pennsylvania, the laws that prohibit them, and the possible repercussions of owning one.

Understanding Banned Firearms

Banned firearms are weapons that are illegal to possess or use by state or federal law. Laws from other states do not carry over. Just because you purchased a firearm legally in another state, with a legal license, does not mean it will be legal if you bring it to Pennsylvania. These laws are put in place for a variety of reasons, including public safety concerns or to prevent certain types of crimes. In Pennsylvania, there are specific statutes that outline which firearms are considered banned.

Firearms Banned in Pennsylvania

Under Pennsylvania law, there are several types of firearms that people are banned from possessing unless they are military personnel or law enforcement. These include:
  • Assault weapons: This classification includes semi-automatic rifles with certain features, such as a folding stock, pistol grip, and/or high-capacity magazines.
  • Machine guns: These weapons include any firearm that is capable of fully automatic fire. They are all banned in Pennsylvania unless you are military personnel or law enforcement.
  • Short-barreled rifles and shotguns: These are rifles or shotguns with barrels less than 16 inches in length and overall lengths of fewer than 26 inches. These weapons are commonly alternated versions of their original, legal model. By modifying them, you could be accused of trying to make them concealable. Only certain weapons can be concealable.
  • Silencers: This is a type of modifier. If a weapon has this type of modifier on it, it’s illegal. Also known as suppressors, these devices are used to reduce the noise of a firearm and conceal its use.

The Laws That Prohibit Banned Firearms

The main law that prohibits these firearms in Pennsylvania is the Uniform Firearms Act (UFA). This law also defines and regulates firearms in the state. Under this act, it is illegal to possess or use any of the banned firearms mentioned above. Additionally, federal laws such as the National Firearms Act also prohibit certain weapons at a national level.

Why Are They Banned?

Certain firearms are banned to promote public safety and reduce gun violence. For example, assault weapons are often used in mass shootings due to their ability to fire multiple rounds quickly, making them a particular cause for concern. Banning these types of firearms aims to prevent such tragedies from occurring. Firearms are meant for personal protection and recreational use. With this in mind, there are certain weapons that the law has dictated as necessary for personal protection or recreational use.

Consequences of Owning a Banned Firearm

Possessing or using a banned firearm in Pennsylvania can result in severe consequences. Depending on the specific circumstances, this could include felony charges that lead to hefty fines, jail time, and the inability to purchase legal firearms in the future. Also, anyone who has been convicted of possessing or using a banned firearm may lose their right to possess any firearms in the future. It is essential to note that ignorance of the law is not a valid defense when it comes to possessing or using a banned firearm. To start building a strong defense, you should consult with our criminal defense attorneys.

Contact the Criminal Defense Attorneys at Lermitte & Lubin, LLC for Information

You should know what constitutes a banned firearm in Pennsylvania and the laws surrounding it. Possessing or using these weapons can result in severe consequences, including fines, jail time, and felony charges. Even just being charged can lead to severe consequences on your professional and personal life. If you have been charged, you need to contact a criminal defense attorney right away to begin building your case. If you need an attorney who is experienced with the local firearm laws in Northeastern Pennsylvania, contact us today.

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