Illegal firearm possession cases require careful defense because the phrase can cover several different accusations: prohibited possession, carrying without a license, constructive possession, or a gun found during a search.
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.
Firearm cases turn on possession, licensing, prior record, search issues, and firearm rights consequences.
The defense should review the stop, search, location of the firearm, who had access, statements, and whether the accused was legally prohibited.
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.
A gun charge should be defended with both the immediate criminal case and long-term firearm rights in mind.
The first instinct after police find a firearm is often to explain. That instinct can be dangerous. A statement about knowing the gun was in the car, touching it before, or knowing who owned it may be used to connect the accused to possession.
The important question is not simply whether a gun was nearby. The case turns on whether the accused knew about it, had the ability to control it, had the intent to control it, and whether police lawfully discovered it.
A strong firearm defense also looks for assumptions. Police may assume the driver controlled everything in the car, the homeowner controlled everything in the house, or the person with a prior record controlled the gun. Those assumptions still have to be proven.
That is why the first response matters. The person accused should preserve documents, avoid unnecessary contact, and make decisions based on the evidence instead of fear, pressure, or assumptions about how the court will view the case.
The McShane Firm defends people accused of firearm offenses throughout Central Pennsylvania. Our goal is to challenge the government’s theory while protecting the client from the hidden consequences of a firearm conviction.
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.
