How a Criminal Conviction Can Impact Gun Ownership

A criminal conviction can affect gun ownership in ways people do not expect. The impact depends on the charge, grading, sentence, relationship involved, and state or federal law.

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.

Not every firearm disability comes from a felony. Certain misdemeanors, domestic-related dispositions, drug issues, mental health records, and protection orders can create firearm consequences.

The danger is that a person may accept a plea thinking it is minor because it avoids jail or felony grading, only to discover later that it affects gun ownership or a license to carry.

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 firearm consequences before any plea, not after sentencing. Fixing a gun rights problem later is usually harder than preventing it.

The danger in a firearm case is that police may already have a theory before all the facts are known. If the accused starts explaining, the statement may fill in gaps that the Commonwealth could not otherwise prove.

The defense should ask several questions immediately. Was the stop lawful? Was the search lawful? Was the firearm in plain view or hidden? Who had access? Was the accused legally prohibited? What proof connects the accused to the gun?

Possession is not always obvious. A person can be near a firearm without owning it, controlling it, or even knowing it was there. That distinction can be critical in a shared vehicle, shared home, or crowded scene.

The McShane Firm represents people accused of serious firearm offenses across Central Pennsylvania. We work to fight the charge, protect firearm rights where possible, and reduce the long-term consequences 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.

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.