Prior convictions can turn a firearm case from serious to life-changing. A person who might otherwise be facing a licensing or possession issue may instead be accused of possessing a firearm while legally prohibited. That kind of charge can threaten freedom, employment, family stability, and future firearm rights. But the prior record does not automatically prove the new case.
The first step is to review the old case with precision. Police summaries and criminal complaints can be incomplete or wrong. The exact offense, grading, disposition, sentence, date, and later history may all matter. Was the charge reduced? Was anything dismissed? Was there an expungement, pardon, restoration issue, or legal question about whether the conviction actually creates a firearm disability? Those details should be checked before anyone accepts the Commonwealth’s theory.
The second step is to examine the new firearm allegation. Even if the person is prohibited, the Commonwealth still has to prove possession of the firearm in the current case. The old conviction may be part of the prohibited status issue, but it does not prove that the accused knowingly possessed the gun found in a car, bedroom, bag, house, or shared space.
Possession is often where firearm cases are vulnerable. Where exactly was the gun found? Who owned the vehicle or property? Who had access? Were there other people nearby? Was the firearm in plain view or hidden? Were fingerprints, DNA, statements, surveillance, or body camera footage involved? Did police treat proximity as possession without proving control?
The defense should be built in layers. First, was the stop, search, or seizure legal? Second, can the Commonwealth prove actual or constructive possession? Third, is the accused truly prohibited under the law? Fourth, what are the long-term consequences for firearm rights, sentencing, employment, and record protection?
The biggest mistake is trying to explain the gun to police. Statements like “it is not mine,” “I knew it was there,” or “I was just holding it for someone” can give investigators evidence of knowledge, access, or control that they did not have before.
The McShane Firm defends people facing serious firearm charges across Central Pennsylvania, including Dauphin, Cumberland, Lancaster, York, and Adams Counties. We examine the prior record, the search, the possession theory, and the long-term consequences before accepting the Commonwealth’s version of the case.
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.
