Possession of a Prohibited Weapon
Americans have the right bear arms under the Second Amendment, but there are restrictions. In fact, state laws place restrictions on what weapons can be possessed and what the requirements are to have those weapons. For instance, Pennsylvania law bans some weapons that may be considered extremely dangerous.
Some weapons that are prohibited could be considered obvious to the average citizen. However, some commonly owned weapons could actually be considered illegal, no matter the intent. Even if a person does not plan to use it, possessing the weapon still could be a crime.
West Chester Possession of a Prohibited Weapon Attorney
If you are facing charges for possessing a prohibited weapon, contact a West Chester firearms and weapons defense lawyer at Ciccarelli Law Offices. The attorneys at Ciccarelli Law Offices have represented clients in your situation, and they understand the importance of protecting your freedom. We will fight for your liberties and ensure your rights are represented.
We are based in West Chester and have offices where we can meet you for an appointment in Philadelphia, Lancaster, Springfield, Plymouth Meeting, Radnor, King of Prussia, Kennett Square and Malvern. We serve clients throughout Chester County, Montgomery County, Lancaster County and Delaware County. Call (610) 719-3200 to schedule a free consultation.
Info about Prohibited Weapons in Pennsylvania
- Pennsylvania Laws Regarding Illegal Weapons
- What is Considered a Prohibited Weapon?
- Penalties for Possessing Illegal Weapons
According to 18 Pa. Cons. Stat. § 908, it is illegal to repair, sell, use, possess or deal in any weapon that is considered offensive. However, there are a few exceptions, including if a person possesses it briefly after having found it or after taking it from an aggressor.
Additionally, some professions are excluded from this law. Police offers, sheriffs, deputy sheriffs, liquor control board agents, forensic firearms experts and people who are in the business of legally selling, manufacturing, or repairing such devices are exempt from the law. This only applies when they are in the course of their duties.
The term “offensive weapon” means those prohibited under Pennsylvania law. Some of those weapons include:
- A firearm designed to be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon
- Machine gun and other automatic firearms
- Sawed-off shotgun with a barrel less than 18 inches
- Firearm specially made or specially adapted for concealment or silent discharge
- Metal knuckles
- Dagger or knife
- Razor or cutting instrument
- Blade exposed in any automatic way, such as a switch blade
- Any stun gun, stun baton, taser or other electronic or electric weapon
Possessing, repairing, selling or using any of these prohibited weapons in Pennsylvania would be considered a first-degree misdemeanor. This offense, according to 30 Pa. Cons. Stat. § 923, generally is punishable by a fine of not less than $1,500 nor more than $10,000, up to five year in prison or both.
If the accused has allegedly used the prohibited weapon to commit a criminal offense or used to weapon to injure another person, the charges could be increased. This could mean enhanced penalties, including a longer jail sentence and steeper fines.
Finding the Best Weapons Defense Lawyer in Chester County
If you are facing a prohibited weapons charge, contact a weapons attorney at Ciccarelli Law Offices. Our lawyers can help you combat the charges and fight to have them reduced or dropped. You do not have to tackle the legal system alone, and a skilled attorney can help you fight for a favorable outcome. Call (610) 719-3200 to schedule a free consultation.