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Firearms

Firearms Charges in Pennsylvania

In response to the growing number of gun crimes in Philadelphia, the Courts have created a designated "Gun Court". Additionally, the legislature has passed amendments to the sentencing guidelines that call for harsher penalties for gun possession, particularly if the individual is not eligible to obtain a license to carry a concealed weapon.

Philadelphia Firearms Attorney

With so much at stake, having an attorney that is familiar to the local practices and changes in the state law is more important than ever. Andrew Gay, Jr., with more than ten years of experience as a trial lawyer in Philadelphia, the surrounding counties, and Federal Court, is prepared to represent you to obtain the most favorable result under your particular facts.

While many different defenses may exist for your case, generally, there are two ways to approach a weapons violation case:

  • 1
    A motion to suppress evidence
  • 2
    Challenge the sufficiency of the evidence

Laying the foundation for either defense begins with a thorough preparation of your preliminary hearing.

Motion to Suppress

The object of a motion to suppress physical evidence is to demonstrate to the court that the manner in which the police obtained the evidence (i.e., a weapon or narcotics) was as a result of a violation of your Constitutional rights. If you successfully prove this to the Court, the evidence is inadmissible at your trial.

Sufficiency of Evidence

If the evidence is otherwise admissible, you must analyze the facts to see if the Commonwealth or United States Government can prove you actually possessed the weapon. This is generally referred to as a challenge to the sufficiency of the evidence. If the police wish to attribute an illegal item to you that was not recovered from your person (i.e., nearby car or home), hire the experience needed to challenge whether you constructively possessed the weapon.

Whichever defense is better for your case, Andrew Gay, Jr. will explain all of your options with you and properly prepare your case for the best result under your particular circumstances.