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Firearm offenses can occur in many situations. Often it is the intentional possession of a firearm when someone is not permitted to possess a firearm due to a disqualifier (i.e., prior criminal convictions in some circumstances). Other times, it is based on mistakes or accidents. For example, crossing a state line with a legally owned and possessed firearm not knowing your license wasn’t honored or that you needed one at all (very common from Delaware state into Pennsylvania) or that you unknowingly filled out a firearm purchase application inaccurately. With possessory offenses, there are often search and seizure matters that may provide an argument. In the application or licensing matters, there are often legal defenses, as well as the opportunity to provide information to the government showing that the matter should be withdrawn or negotiated to a drastically lower offense.
If you or a loved one has been charged with a crime in Pennsylvania, contact Mike DiCindio, Esq today at 610.220.4691!
Prohibited Offensive Weapons
I’ve been Charged with Prohibited Offensive Weapons…
Certain weapons are not permitted to be possessed in Pennsylvania. If you possess a listed weapon you may be charged with a misdemeanor of the 1stdegree. Often in these matters the weapon is very clearly one that is not permitted under the law. Therefore, we will evaluate the interactions between you and law enforcement including the stop, detention, search and arrest in order to evaluate whether or not they recovered the weapon through constitutional means or not. The “possession” aspect is also a potential argument that we may have in the event that the weapon was not found on your actual person.
PA Law Codes Defined:
(a) General impairment.–
(1) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.
(2) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least 0.08% but less than 0.10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
(b) High rate of alcohol.–An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least 0.10% but less than 0.16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
(c) Highest rate of alcohol.–An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is 0.16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
(d) Controlled substances.–An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances:
(1) There is in the individual’s blood any amount of a:
(i) Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act;
(ii) Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or
(iii) metabolite of a substance under subparagraph (i) or (ii).
(2) The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
(3) The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
(4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).
(e) Minors.–A minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor’s blood or breath is 0.02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle.
(f) Commercial or school vehicles.–An individual may not drive, operate or be in actual physical control of the movement of a commercial vehicle, school bus or school vehicle in any of the following circumstances:
(1) After the individual has imbibed a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is:
(i) 0.04% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a commercial vehicle other than a school bus or a school vehicle.
(ii) 0.02% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a school bus or a school vehicle.
(2) After the individual has imbibed a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.
(3) While the individual is under the influence of a controlled substance or combination of controlled substances, as defined in section 1603 (relating to definitions).
(4) While the individual is under the combined influence of alcohol and a controlled substance or combination of controlled substances, as defined in section 1603.
(g) Exception to two-hour rule.–Notwithstanding the provisions of subsection (a), (b), (c), (e) or (f), where alcohol or controlled substance concentration in an individual’s blood or breath is an element of the offense, evidence of such alcohol or controlled substance concentration more than two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle is sufficient to establish that element of the offense under the following circumstances:
(1) where the Commonwealth shows good cause explaining why the chemical test sample could not be obtained within two hours; and
(2) where the Commonwealth establishes that the individual did not imbibe any alcohol or utilize a controlled substance between the time the individual was arrested and the time the sample was obtained.
Unlawful Firearms Possession (Commonly called - Persons Not to Possess a Firearm)
I’ve been Charged with Unlawful Firearms Possession…
Certain people are not permitted to possess a firearm in Pennsylvania. If you fall into one of the prohibited categories and you are found in possession of a firearm you can be charged with a felony. While some people very clearly fall under the “person not to possess” statute there are many people who have an unclear status in their mind. While we are always evaluating the “possession” aspect of a case as well as the constitutionality of the search or seizure that lead to the discovery of a firearm, in these matters we must always go back and determine if you were actually a “person not to possess” or not. We will need to pull any and all information of the “disqualifier” in order to be certain that you are in fact unable to lawfully possess a firearm any longer. Some of these are easy (certain convictions, etc.) and others are not as clear. These matters will be explored in depth before we will decide on the best path to move forward. If you’ve been charged with Unlawful Firearms Possession click here to learn about your options.
PA Law Codes Defined:
(a) Offense defined.–
(1) A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.
(2) (i) Except as otherwise provided in this paragraph, a person who is prohibited from possessing, using, controlling, selling, transferring or manufacturing a firearm under paragraph (1) or subsection (b) or (c) shall have a reasonable period of time, not to exceed 60 days from the date of the imposition of the disability under this subsection, in which to sell or transfer that person’s firearms to another eligible person who is not a member of the prohibited person’s household.
(ii) This paragraph shall not apply to any person whose disability is imposed pursuant to subsection (c)(6).
(iii) A person whose disability is imposed pursuant to subsection (c)(9) shall relinquish any firearms and firearm licenses under that person’s possession or control, as described in section 6105.2 (relating to relinquishment of firearms and firearm licenses by convicted persons).
(iv) A person whose disability is imposed pursuant to a protection from abuse order shall relinquish any firearms, other weapons, ammunition and firearm licenses under that person’s possession or control, as described in 23 Pa.C.S. § 6108(a)(7) (relating to relief).
Firearms Not To Be Carried Without A License
I’ve been Charged with Firearms Not To Be Carried Without A License…
If you do not have a concealed carry license in Pennsylvania you may not conceal a firearm in Pennsylvania. While this may occur with many people who are purposefully violating the law, this section is often violated accidentally by out-of-state gun owners who live in a state where the laws and regulations are different than in Pennsylvania. In those inadvertent situations we will attempt to negotiate a disposition that will not impact your future or your gun rights by attempting to show how all laws were followed in your home state and that your violation here in Pennsylvania was accidental. That may not be a legal defense but under certain circumstances it may be rather persuasive for us during negotiations. In these type of matters as well as a situation where the gun was not legal anywhere, we must always review the constitutionality of how the officer came into contact with and found the gun. There are times the gun may be retrieved during a search that may not be constitutional. These potential legal issues will be evaluated before any plea offer would be accepted. Finally, we will analyze the “possession” evidence. If the gun was not physically on your person there may be a viable defense for lack of possession that we will explore.
PA Law Codes Defined:
(a) General impairment.–
(1) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.
(2) An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least 0.08% but less than 0.10% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
(b) High rate of alcohol.–An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is at least 0.10% but less than 0.16% within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
(c) Highest rate of alcohol.–An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is 0.16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle.
(d) Controlled substances.–An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances:
(1) There is in the individual’s blood any amount of a:
(i) Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act;
(ii) Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or
(iii) metabolite of a substance under subparagraph (i) or (ii).
(2) The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
(3) The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
(4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).
(e) Minors.–A minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor’s blood or breath is 0.02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle.
(f) Commercial or school vehicles.–An individual may not drive, operate or be in actual physical control of the movement of a commercial vehicle, school bus or school vehicle in any of the following circumstances:
(1) After the individual has imbibed a sufficient amount of alcohol such that the alcohol concentration in the individual’s blood or breath is:
(i) 0.04% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a commercial vehicle other than a school bus or a school vehicle.
(ii) 0.02% or greater within two hours after the individual has driven, operated or been in actual physical control of the movement of a school bus or a school vehicle.
(2) After the individual has imbibed a sufficient amount of alcohol such that the individual is rendered incapable of safely driving, operating or being in actual physical control of the movement of the vehicle.
(3) While the individual is under the influence of a controlled substance or combination of controlled substances, as defined in section 1603 (relating to definitions).
(4) While the individual is under the combined influence of alcohol and a controlled substance or combination of controlled substances, as defined in section 1603.
(g) Exception to two-hour rule.–Notwithstanding the provisions of subsection (a), (b), (c), (e) or (f), where alcohol or controlled substance concentration in an individual’s blood or breath is an element of the offense, evidence of such alcohol or controlled substance concentration more than two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle is sufficient to establish that element of the offense under the following circumstances:
(1) where the Commonwealth shows good cause explaining why the chemical test sample could not be obtained within two hours; and
(2) where the Commonwealth establishes that the individual did not imbibe any alcohol or utilize a controlled substance between the time the individual was arrested and the time the sample was obtained.
If you or a loved one has been charged with a crime in Pennsylvania, contact Mike DiCindio, Esq today at 610.220.4691!
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