How to Defend Against Weapons Violation Charges in Court

Being charged with a weapons violation can be intimidating. Whether it’s an alleged unlawful possession of a firearm, carrying a weapon without proper permits, or violating state or federal gun laws, the stakes are high.  

A weapons violation charge often comes with significant penalties, including fines, jail time, and a lasting impact on your criminal record.  

At Adams Kearney Law, we understand the gravity of your situation and are prepared to stand by you every step of the way. Our criminal defense attorneys have helped countless clients fight for their rights in court. 

Why Legal Representation Is Important for Weapons Violations 

Weapons laws are complicated and often misunderstood. Even minor misunderstandings or mistakes can result in criminal charges. Therefore, defending yourself against these charges requires an in-depth understanding of the law, your rights, and how processes work within the court system.

Without a well-planned defense strategy, the odds are heavily stacked against you. At Adams Kearney Law, we will formulate a defense strategy designed to challenge the evidence and protect your rights. Since no two cases are the same, our attorneys will work with you to formulate a strategy to identify weaknesses in the prosecution's claims and pursue opportunities to reduce or dismiss your charges. 

Weapons Violation Laws in Pennsylvania

In Pennsylvania, weapon violations cover a wide range of offenses, including possession without a license to using a weapon in the commission of another crime. Being familiar with these laws can give you a better understanding of what you’re up against. Some key laws you should be familiar with include the following:

Possession of a Firearm Without a License  

Under Pennsylvania law, carrying a firearm without a valid permit is illegal, even if it’s for self-defense. Exceptions may apply, such as owning a firearm in your home or place of business. However, carrying it in public requires a concealed carry license. 

Prohibited Persons  

Pennsylvania law prohibits individuals with certain kinds of criminal records, mental health issues, or restraining orders from possessing firearms. If you’re accused of owning or carrying a firearm while prohibited, it can result in severe penalties. 

Firearm Use or Possession During a Crime  

If a firearm is used during another crime, such as robbery, assault, or drug trafficking, you could face additional charges and sentencing enhancements. 

Straw Purchases  

A straw purchase refers to the act of buying a firearm on behalf of an individual who is legally prohibited from owning one. Pennsylvania has strict penalties for anyone found guilty of facilitating a straw purchase. 

Violating Pennsylvania’s strict weapons laws can attract penalties ranging from fines and probation to significant jail time. However, every one of these cases hinges on the evidence presented and the arguments made in court. 

How to Build a Defense for Weapons Violation Charges  

The skill and experience of your legal defense often determine the outcome of your case. Therefore, it's important to work with an experienced attorney who can build a strong case while advocating for your best interests. Some of the most common strategies that could be applied to your case include the following: 

• Challenge the legality of the search and seizure: This involves questioning whether your constitutional rights were violated, especially during searches. Under the Fourth Amendment, law enforcement can only conduct reasonable searches and seizures. If the police did not have a valid warrant or exceeded the scope of the search without probable cause, your attorney could file a motion to suppress the evidence. 

• Argue lack of knowledge or intent: Prosecutors must prove beyond a reasonable doubt that you intentionally possessed an unlawful weapon. If the weapon was found in a shared space or vehicle, your attorney can argue that you were unaware of its existence or had no intent to possess it unlawfully. 

• Uncover errors in police reports or evidence handling: Mistakes during the arrest or evidence collection process can weaken the prosecution's case. Your attorney will carefully examine all details, looking for inconsistencies or procedural missteps. 

• Demonstrate your eligibility to possess a weapon: If your case involves unlawful possession, an attorney may challenge the claim by presenting evidence that you were eligible to own or carry the weapon in question at the time. 

• Negotiate a plea agreement: Sometimes, resolving a case outside of trial is the best course of action. Depending on the circumstances, your attorney may negotiate with prosecutors to reduce charges or sentencing in exchange for a plea agreement. 

Each of these defense strategies depends on the circumstances of your case. It's essential to work with an attorney as soon as possible to enhance your chances of developing the most effective strategy. 

Additional Considerations for Weapons Violation Charges

A weapons violation charge doesn’t automatically mean conviction. With a solid defense strategy, you can often fight allegations, challenge evidence, and protect your rights in the courtroom. Some additional steps you can take to support your case include: 

• Be honest with your attorney: Share all the facts surrounding your charge, including any documentation, details about the arrest, and interactions with law enforcement. 

• Avoid discussing your case publicly: Refrain from discussing your case with others or sharing it on social media. Anything you say could potentially be used against you in court. 

• Stay committed to your defense plan: Trust your attorney and participate actively in your defense. Your cooperation is critical to the success of your case. 

Weapons Violations Attorneys Serving Ridley Park, Pennsylvania

Being charged with a weapons violation in Pennsylvania can be daunting. However, there are legal avenues available to fight the charges against you. At Adams Kearney Law, our attorneys are well-versed in handling weapons violation cases. We understand this process is often stressful, and we strive to help you pursue the outcome you want.

Located in Ridley Park, Pennsylvania, we serve clients in the greater Philadelphia area, Chester County, Delaware County, and the surrounding cities.  Call today to schedule a case evaluation.