The government can charge an individual with illegal gun possession in a number of different ways, and under a number of different laws. And, the police don’t need to find the gun on you in order for you to be charged.
VUFA 6106 – Carrying a Firearm Without a License – in Pennsylvania, a person must have a licensed to carry a concealed firearm in order to lawfully carry a gun on the streets, in public, or in a car. The exceptions are when a person has a gun in their own home, or their own place of business, and are not otherwise prohibited from possessing a firearm. Therefore, when an individual is in “possession” of a gun or firearm, and does not have a lawfully-issued license to carry that firearm, then they will be charged with the crime of Carrying a Firearm Without a License (as long as some other elements of the crime are met, as well). Normally, it is graded as a 3rd degree felony, which is punishable by a maximum of 3.5-7 years in prison. As stated, “possession” doesn’t just mean having it on your person. The law recognizes that there are various ways to possess something, not all of which mean having it in your hand or your pocket. Also, the government needs to prove that the gun was “operable,” meaning it was capable of firing a bullet. They need to present a ballistician (firearms expert) to testify that the gun was in fact operable, and explain how they know this. Depending on the condition of the gun, or the facts of the case, an experienced criminal attorney can raise questions that amount to reasonable doubt regarding the possession and operability elements of the crime. Call Tom to evaluate your gun case immediately.
VUFA 6108 – Carrying a Firearm on the Streets of Philadelphia – the same elements as Carrying a Firearm Without a License, with the addition that you were on the streets of a “city of the first-class” as defined in the law, such as Philadelphia.