The state of Pennsylvania has very clear and detailed laws on carrying unlicensed firearms, which is a third-degree felony. Only specific individuals such as law enforcement officers, those in the Armed Forces or National Guard, people who are tasked to protect money and valuables, licensed hunters, or people in shooting ranges are permitted to carry unlicensed firearms.
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When a person is caught, he or she should not converse with police officers or prosecuting attorneys if there is no defense counsel present. If a person is questioned by the police, he or she should politely refuse, and request for a lawyer.
A lawyer for this kind of case should determine three things: if the accused does not really have a license for his or her firearm, if the accused isn’t part of the exceptions to the law, and if law enforcement officers had probable cause when they searched the person. Lawyers will also need to know how many times the person has been caught carrying an unlicensed firearm since it bears on the penalties. People who have been caught a number of occasions before should be familiar with the laws and should know the importance of having a lawyer around.
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Michael J. Donohue is an Allentown, PA-based criminal defense lawyer who has dealt with various cases, including the carrying of firearm without a license. For more on Atty. Donohue’s practice, visit this website.