A person not to possess firearm charge is one of the most serious gun cases in Pennsylvania because it combines two issues: whether the person was legally prohibited and whether they possessed the firearm.
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.
Person not to possess cases have two major battlegrounds: whether the person was legally prohibited and whether they possessed or controlled the firearm. The Commonwealth must prove both.
Prior records should be checked carefully. The exact conviction, grading, date, sentence, restoration history, and any expungement or pardon issue can matter.
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.
Possession is often contested when a gun is found in a shared car, bedroom, closet, bag, or home. Proximity is not the same as proof of control.
The mistake many people make is trying to solve the firearm issue at the scene. They answer questions, guess at facts, or try to distance themselves from the gun. In doing so, they may accidentally give prosecutors the proof needed to claim knowledge, access, or control.
A firearm defense has to start with the legal foundation. Was the police encounter lawful? Was the search valid? Was the firearm actually possessed by the accused? Was there a license issue, prior conviction, PFA order, or other firearm restriction?
A strong defense also challenges police assumptions. The fact that a gun was found near someone does not prove ownership. The fact that someone had access to an area does not prove control. The Commonwealth must prove the connection.
The McShane Firm defends gun cases throughout Central Pennsylvania. We fight the immediate charge while working to protect the client from the collateral consequences that can affect freedom, work, family, and firearm rights.
Our Clients are entitled to a Bill of Rights which states:
- 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.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.
