Experienced Gun Crimes Defense Attorneys in Erie, PA

Pennsylvania takes firearm offenses extremely seriously. A conviction can result in prison time, heavy fines, and a permanent criminal record that affects your future. If you or a loved one has been charged with a firearm offense in Erie County or anywhere in Pennsylvania, it is critical to have a skilled defense attorney on your side.

At MP2 Placidi & Parini, our criminal defense lawyers have the experience to protect your rights and fight against harsh penalties in all types of gun-related charges.

Person Not to Possess

Pennsylvania law makes it a serious crime for certain individuals to possess, control, use, sell, transfer, or manufacture firearms. This applies to people with prior felony convictions, certain drug offenses, or those under a Protection From Abuse (PFA) order.

Who Is Prohibited from Having Firearms?

Under 18 Pa.C.S. § 6105, you cannot legally possess a firearm if you:

• Were convicted of certain felonies or violent offenses in Pennsylvania or another state
• Have certain drug-related felony convictions (including under federal law)
• Are subject to an active Protection From Abuse (PFA) order that requires firearm surrender
• Fall under other legal disabilities such as mental health commitments or specific federal restrictions

You may be required to relinquish firearms within 60 days of the restriction or immediately in the case of a PFA order.

Penalties for Violating Firearm Prohibitions

Penalties depend on the circumstances of the violation:

• Felony of the 2nd Degree
  • Applies to most cases where a prohibited person is found with a firearm
  • Penalty: Up to 10 years in prison and heavy fines
• Felony of the 1st Degree
  • Applies if you already have a prior firearm-possession conviction, or if you were caught in physical possession or control of the firearm
  • Penalty: Up to 20 years in prison
• Misdemeanor of the 2nd Degree
  • Applies if you are under a PFA order and fail to turn in your firearms, weapons, or ammunition as required
  • Penalty: Up to 2 years in jail
• Misdemeanor of the 3rd Degree
  • Applies if you knowingly accept a firearm from someone under a PFA order
  • Penalty: Up to 1 year in jail
• Misdemeanor of the 1st Degree
  • Applies if someone who has firearms under safekeeping returns them to a prohibited person before legally allowed
  • Penalty: Up to 5 years in jail

Carrying a Firearm without a License

Pennsylvania law strictly regulates when and how a person may carry a firearm. Under 18 Pa.C.S. § 6106, it is illegal to carry a firearm concealed on your person or in a vehicle without a valid license, unless a specific exception applies. Violating this law can result in serious criminal charges, including felonies.

At MP2 Placidi & Parini, our criminal defense attorneys defend individuals accused of carrying firearms without a license and fight to protect their rights and freedom.

What the Law Says

Under § 6106:

• Carrying a firearm concealed on your person or in a vehicle without a valid license is generally a felony of the third degree (punishable by up to 7 years in prison and $15,000 in fines).
• If the person could have lawfully obtained a license but did not, and no other crime was committed, the charge is reduced to a misdemeanor of the first degree (up to 5 years in prison and $10,000 in fines).

Defenses to Carrying a Firearm Without a License

Depending on the circumstances, defenses may include:

• You qualified for one of the statutory exceptions.
• The firearm was not concealed or under your control.
• Police violated your rights through an illegal stop or search.
• You had a valid license (including reciprocity with another state).

Juvenile Firearm Possession in Pennsylvania

In Pennsylvania, it is generally illegal for anyone under 18 years old to possess or transport a firearm. The law under 18 Pa.C.S. § 6110.1 is very strict, and violations can lead to criminal charges, firearm forfeiture, and lasting consequences for both the minor and any adult who provided the gun.

At MP2 Placidi & Parini, our defense attorneys understand the seriousness of juvenile firearm charges and fight to protect the rights and future of minors accused of violating Pennsylvania’s gun laws.

What the Law Says

Under § 6110.1(a):

• Anyone under 18 years old is prohibited from possessing or transporting a firearm in Pennsylvania.

Exceptions (§ 6110.1(b)):

A minor may legally handle a firearm only if:

• Supervised by a parent, grandparent, legal guardian, or another responsible adult with parental consent, while engaged in lawful activity (such as safety training, target shooting, or organized competitions).
• Hunting or trapping legally under Pennsylvania’s game laws.
• Transporting an unloaded firearm for a lawful purpose (e.g., to a range or hunting site) while properly supervised.

Penalties

Juvenile firearm possession carries serious consequences:

• For the minor:
  • The firearm will be seized by police.
  • Upon conviction or adjudication of delinquency, the firearm is forfeited (unless it was stolen, in which case it is returned to the owner).
  • The minor faces a juvenile delinquency case, which can impact their record, education, and future opportunities.
• For adults who provide a gun to a minor:
  • Knowingly and intentionally giving a firearm to a minor in violation of § 6110.1 is a felony of the third degree (punishable by up to 7 years in prison and a $15,000 fine).

Discharging a Firearm into an Occupied Structure 

In Pennsylvania, it is a serious crime to knowingly, intentionally, or recklessly discharge a firearm into an occupied structure. Under 18 Pa.C.S. § 2707.1, this offense is classified as a felony of the third degree, and a conviction can lead to harsh penalties, including prison time, fines, and a permanent criminal record.

What the Law Says

Under § 2707.1(a):
A person commits a crime if they discharge a firearm from any location into an occupied structure.

Definition of “Occupied Structure” (§ 2707.1(d)):

An “occupied structure” includes:

• Any building, house, or vehicle adapted for overnight accommodation, or
• Any place used for business, whether or not anyone is physically inside at the time of the incident.

Penalties

Discharging a firearm into an occupied structure is graded as a felony of the third degree, punishable by:

• Up to 7 years in prison
• Fines up to $15,000
• A permanent felony record, which can affect employment, housing, firearm rights, and more.

Even if no one is injured, prosecutors often treat these cases as extremely serious due to the risk to human life.

Illegal Sale or Transfer of Firearms

The sale or transfer of firearms in Pennsylvania is tightly regulated under 18 Pa.C.S. § 6111. This statute establishes strict rules for how firearms may be sold, transferred, and purchased. Violations can lead to severe criminal penalties, including felony charges, mandatory minimum sentences, and permanent revocation of a firearms license.

At MP2 Placidi & Parini, our attorneys represent individuals and licensed dealers accused of violating Pennsylvania’s firearm transfer laws. We understand both the state and federal requirements involved and fight aggressively to protect your rights.

What the Law Requires

Under § 6111, both licensed dealers and private sellers must comply with background check and recordkeeping requirements.

Key Provisions:

• Waiting Period / Background Check

Firearms may not be delivered to a buyer until the Pennsylvania State Police Instant Check System (PICS) confirms the purchaser is legally eligible.

• Application / Record of Sale

A one-page application must be completed, including identifying information about the buyer and firearm. Copies must be sent to the Pennsylvania State Police, retained by the dealer for 20 years, and provided to the purchaser.

• Photo Identification Required

Buyers must present valid government-issued identification before purchase.

• Background Checks

Dealers must request a criminal history, juvenile delinquency, and mental health check through the State Police and receive a unique approval number before completing the sale.

• Private Sales

Even private transfers between unlicensed individuals must be processed through a licensed dealer or sheriff’s office, with limited exceptions (spouses, parents/children, grandparents/grandchildren).

• Exemptions
  Antique firearms (pre-1898), muzzleloaders, certain replicas, and transfers between specific family members are not subject to the full requirements of § 6111.

Penalties for Violations

Violating § 6111 can result in serious criminal consequences, depending on the nature of the violation:

• Misdemeanor of the Second Degree – for knowingly selling, delivering, or transferring a firearm in violation of the statute.
• Felony of the Third Degree – for:
  • Providing a firearm to a person known to be prohibited under § 6105.
  • Misusing confidential background check information.
  • Making false statements or using false identification in connection with a firearm purchase.
• Felony of the Second Degree – for repeat violations, which carry:
  • Mandatory minimum 5-year prison sentence
  • Permanent revocation of any firearms dealer license

Additionally, dealers can face civil liability if a firearm is sold illegally and later used in a crime.

Defending Firearm Possession Charges

Being accused of unlawful firearm possession is extremely serious, but you still have rights. Possible defenses may include:

• Challenging the legality of the search or seizure
• Proving you did not actually possess or control the firearm
• Demonstrating that you fall under an exception to the law
• Negotiating reduced charges or alternatives to incarceration

Why You Need an Attorney

At MP2 Placidi & Parini, our Pennsylvania firearm defense attorneys represent clients facing all types of gun-related charges, including possession by a prohibited person, carrying a firearm without a license (§ 6106), possession of a firearm by a minor (§ 6110.1), and discharge of a firearm into an occupied structure (§ 2707.1). We also defend cases involving juvenile gun possession, illegal sales or transfers of firearms, and firearm trafficking or straw purchase offenses. These charges can result in felony convictions, mandatory prison time, and the loss of your Second Amendment rights. If you are under investigation or charged with a gun crime in Erie, Meadville, or anywhere in Northwestern Pennsylvania, our skilled defense lawyers will fight to protect your rights, your record, and your freedom.

Firearm Offense Frequently Asked Questions: