Carrying a firearm without a license is often charged after a traffic stop or vehicle search. The case may turn on where the gun was, whether it was concealed, and whether a license or exception applied.
Do not answer ownership questions, move firearms, or assume a license or prior record issue is simple. Firearm cases require a careful review before decisions are made.
Carrying without a license often arises when a firearm is found in a vehicle or concealed on or about the person. The law has exceptions, but they are narrow and fact-specific.
A firearm in a glove box, console, backpack, trunk, or under a seat raises different questions about possession, access, and lawful transportation.
The defense should be built in layers: first the legality of the police encounter, then possession, then license or prohibited status, then long-term firearm consequences. Missing any layer can leave a major issue unaddressed.
The defense should review license status, purpose of travel, location of the firearm, statements made to police, and whether the stop or search was lawful.
One of the worst mistakes in a firearm case is trying to explain the gun before understanding the legal risk. A person may think they are helping by saying who owned it, where it came from, or whether they knew it was there. Those statements can become the link prosecutors use to argue possession.
The issue is bigger than the location of the firearm. A defense has to look at knowledge, control, access, license status, prior record, and whether police found the gun through a lawful stop or search.
Police often build firearm cases on assumptions. They may assume the driver controlled everything in the vehicle, that the person closest to the gun knew about it, or that a prior record proves possession. Assumptions are not evidence unless the Commonwealth can prove them.
The McShane Firm defends firearm cases across Central Pennsylvania with a focus on the evidence, the search, the possession theory, and the long-term consequences that can follow a conviction.
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- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
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This is our promise to you. Call today to get us on your side: (717) 657-3900.
