Pittsburgh Gun Crime Lawyer

Pittsburgh Gun Crime Lawyer

Firearms charges can put your freedom, constitutional rights, and future at risk. Pennsylvania and federal gun laws impose significant penalties for certain firearms offenses, and a conviction may result in incarceration, fines, and restrictions on future firearm possession.

If you are under investigation or facing a gun charge in Pittsburgh or Western Pennsylvania, obtaining legal advice early can help you understand the allegations, protect your rights, and evaluate your options.

Levenson Law Firm represents individuals facing serious state and federal firearms charges. Amy Jones provides strategic, individualized criminal defense grounded in careful evidence analysis, sound professional judgment, and the circumstances of each case.

Strategic Defense Against Firearms Charges

Firearms prosecutions often involve complex questions concerning possession, licensing, criminal history, and the legality of police searches. The specific offense, the circumstances in which a firearm was discovered, and the applicable state or federal law can significantly affect the charges and potential penalties.

Effective defense begins with examining what the prosecution can actually prove. Depending on the circumstances, that may require reviewing police reports, body-camera footage, search warrants, witness statements, forensic evidence, and records concerning firearm ownership or licensing.

Potential defense issues may include:

• Unlawful searches or seizures: Whether police obtained evidence in violation of constitutional protections.
• Actual or constructive possession: Whether the prosecution can establish the required connection between the accused and a firearm discovered in a vehicle, residence, or other location.
• Firearm licensing: Whether the accused possessed a valid license or fell within an applicable statutory exception.
• Prohibited-person status: Whether the prosecution can establish the legal requirements for a charge involving possession by a person prohibited from possessing firearms.
• Knowledge and intent: Whether the evidence establishes the mental state required for the particular offense.
• Forensic and witness evidence: Whether the prosecution’s evidence is reliable, admissible, and sufficient to establish the charge.

Not every defense applies to every case. The available legal arguments depend on the charged offense, the evidence, and the governing law.

Pennsylvania and Federal Gun Crimes

Firearms offenses may be prosecuted under Pennsylvania law or federal law, depending on the alleged conduct and jurisdictional requirements.

Common firearms-related charges include:

• Carrying a firearm without a required license
• Possession of a firearm by a person prohibited from possessing firearms
• Possession of a firearm in connection with another alleged criminal offense
• Possessing instruments of crime
• Firearms trafficking and unlawful transfers
• Federal firearms possession offenses
• Federal charges involving firearms used or carried during certain crimes

Under Pennsylvania law, possessing instruments of crime may involve possession of a firearm or another instrument with the intent to employ it criminally. The Commonwealth must establish the statutory elements of the offense; mere possession of a firearm does not automatically constitute possessing instruments of crime.

Federal firearms offenses may involve separate statutory requirements, sentencing provisions, and potential penalties. Learn more about our Pennsylvania federal criminal defense practice.

Individualized Representation at Levenson Law Firm

At Levenson Law Firm, clients work directly with Amy Jones throughout their representation. She examines the evidence, explains the applicable law and available options, and develops a defense strategy tailored to each client’s circumstances and objectives.

Depending on the case, that strategy may involve challenging the admissibility of evidence, filing pretrial motions, negotiating with prosecutors, preparing for trial, or developing sentencing and mitigation arguments.

The firm maintains a selective caseload to provide the preparation, attention, and professional judgment each matter deserves. Learn more about Levenson Law Firm and its approach to criminal defense.

Possession of a Firearm by a Prohibited Person in Pennsylvania

Under 18 Pa.C.S. § 6105, Pennsylvania law prohibits certain individuals from possessing, using, controlling, selling, transferring, or manufacturing firearms. These restrictions may arise from specified criminal convictions or other circumstances established by statute.

Qualifying convictions may include certain violent offenses, drug offenses, and other crimes identified by Pennsylvania law. Firearm prohibitions may also apply to individuals subject to qualifying protection orders, certain mental health adjudications or commitments, and other statutory restrictions.

Whether a person is prohibited from possessing firearms requires careful examination of the underlying conviction or disqualifying circumstance, the applicable statute, and any relevant exceptions.

Federal law imposes separate firearm possession restrictions under 18 U.S.C. § 922(g). An individual may be prohibited from possessing a firearm under federal law even when a different analysis applies under Pennsylvania law.

These cases can involve complex legal questions concerning the defendant’s criminal history, the nature of the firearm, actual or constructive possession, and the mental state required for conviction.

Carrying a Firearm Without a License

Under 18 Pa.C.S. § 6106, Pennsylvania generally prohibits carrying a firearm concealed on or about one’s person, or in a vehicle, without a valid and lawfully issued license, unless a statutory exception applies.

The grading of an offense under this provision depends on the circumstances. Certain violations constitute third-degree felonies, while others may be graded as first-degree misdemeanors when the statutory requirements are satisfied.

Defending these charges may require examining whether the accused possessed a valid license, whether an exception applied, the circumstances of the alleged possession, and whether law enforcement obtained the firearm through a lawful search or seizure.

Other Pennsylvania Firearms Offenses

Pennsylvania law establishes additional offenses involving firearms and other weapons.

Examples include:

• Possessing instruments of crime: 18 Pa.C.S. § 907 addresses possession of certain instruments under circumstances involving criminal intent.
• Prohibited offensive weapons: 18 Pa.C.S. § 908 regulates specified weapons and devices, subject to statutory definitions and exceptions.
• Possession of a firearm with an altered manufacturer’s number: 18 Pa.C.S. § 6110.2 addresses specified conduct involving firearms with altered or obliterated identifying markings.
• Possession of weapons on school property: 18 Pa.C.S. § 912 establishes restrictions involving weapons on school property, subject to applicable statutory provisions and defenses.
• Unlawful firearm transfers: Pennsylvania law regulates certain firearm sales and transfers and establishes criminal penalties for specified violations.

The elements, grading, available defenses, and potential penalties differ among these offenses. A charge must be evaluated under the specific statutory provision and the evidence supporting the allegations.

Federal Firearms Charges

Federal firearms prosecutions are governed by a separate body of criminal statutes and procedural rules. Depending on the allegations, federal charges may involve:

• Possession of firearms or ammunition by prohibited persons under 18 U.S.C. § 922(g)
• Use, carrying, or possession of a firearm in furtherance of certain crimes under 18 U.S.C. § 924(c)
• Unlawful firearm transfers or trafficking
• False statements in connection with firearm purchases
• Offenses involving firearms subject to the National Firearms Act

Some federal firearms offenses carry substantial statutory penalties, including mandatory minimum sentences under specified circumstances. The applicable penalty depends on the charged offense, the facts established, and governing sentencing law.

Levenson Law Firm represents individuals facing federal firearms investigations and prosecutions in the Western District of Pennsylvania. Learn more about our Pennsylvania federal criminal defense practice.

Potential Penalties and Long-Term Consequences

A firearms conviction may result in incarceration, probation where authorized, fines, and other court-imposed conditions. The potential sentence depends on the specific offense, its grading, the defendant’s criminal history, and applicable sentencing provisions.

In addition to criminal penalties, certain convictions may affect an individual’s future ability to possess, purchase, or carry firearms.

Firearms restrictions under Pennsylvania and federal law are not identical. The consequences of a conviction, and any potential avenue for relief, require separate analysis under the applicable statutes.

Depending on the circumstances, a conviction may also affect employment, professional licensing, immigration status, and other important interests.

Challenging Evidence in Firearms Cases

Many firearms prosecutions arise from traffic stops, vehicle searches, residential searches, or other encounters with law enforcement.

Potential legal issues may include whether officers had a lawful basis for the initial stop, whether a search was supported by a warrant or recognized exception, and whether police exceeded the permissible scope of an investigation.

Other cases turn on whether the prosecution can establish knowing possession of a firearm, particularly when the weapon was discovered in a shared vehicle, residence, or other location accessible to multiple people.

Where constitutional violations occurred, defense counsel may have grounds to seek suppression of evidence. Whether suppression is available depends on the specific facts and governing law.

Frequently Asked Questions

Can a Pennsylvania Gun Charge Affect My Right to Possess Firearms?

Yes. Certain criminal convictions and other disqualifying circumstances can restrict firearm possession under Pennsylvania or federal law.

Whether a particular charge or conviction results in a prohibition depends on the applicable statutes and the individual’s circumstances. The duration of a restriction and any potential relief must be evaluated separately.

Can I Receive Probation for a Gun Charge in Pennsylvania?

Probation may be available for some Pennsylvania firearms offenses, depending on the charge, applicable sentencing law, and individual circumstances.

Other offenses may carry mandatory minimum sentences or statutory restrictions that limit available sentencing options. Federal firearms charges are subject to separate sentencing provisions.

Can a Firearms Charge Be Dismissed?

Depending on the evidence and applicable law, firearms charges may be challenged through preliminary hearing proceedings, suppression motions, or other pretrial litigation.

Dismissal or a negotiated resolution may be possible in some cases, but the available options depend on the facts, legal issues, and procedural circumstances. No particular outcome can be guaranteed.

What Is the Penalty for Carrying a Firearm Without a License in Pennsylvania?

Under 18 Pa.C.S. § 6106, carrying a firearm without a required license may constitute a third-degree felony or a first-degree misdemeanor, depending on the circumstances and applicable statutory provisions.

A third-degree felony generally carries a statutory maximum of seven years of imprisonment, while a first-degree misdemeanor generally carries a maximum of five years. The actual sentencing exposure requires consideration of the particular charge and applicable sentencing law.

Can Firearm Rights Be Restored After a Conviction?

In some circumstances, Pennsylvania law provides mechanisms for relief from certain firearms disabilities. Pardons, qualifying expungements, and other forms of relief may also be relevant, depending on the circumstances.

However, relief under Pennsylvania law does not necessarily eliminate a separate federal firearms prohibition. Restoration questions require careful review of both state and federal law.

Speak With a Pittsburgh Gun Crime Lawyer

If you are under investigation or facing firearms charges in Pittsburgh, Allegheny County, or elsewhere in Western Pennsylvania, Levenson Law Firm can help you understand the allegations, potential consequences, and available legal options.

Amy Jones provides direct, individualized representation in serious state and federal criminal matters, with a focus on careful evidence analysis, sound professional judgment, and strategic preparation.

Request a Confidential Consultation or call Amy Jones directly at (917) 406-7165.