Philadelphia Felony Defense Attorney for Gun Charges
Weapons & Firearms Charge Defense
An arrest or indictment for firearms offenses can place your freedom, your job, your future, your ability to own/carry firearms, and your liberty at grave risk. At Capek Law P.C., we have secured acquittals and reduced sentences and/or charges for clients charged with offenses ranging from unlawful possession of a firearm, straw purchasing, and federal firearms offenses involving weapons affixed with a “switch” making the weapon capable of automatic fire. Hiring a skilled, calculated, and determined defense lawyer can be the difference between serving a lengthy prison sentence or not.
Many VUFA offenses are graded as felonies in Pennsylvania. As a Philadelphia felony defense attorney, Capek Law P.C. challenges unlawful stops, searches, and seizures to protect your record and your freedom.
Weapons Charges We Defend
Carrying Without a License
Carrying a concealed firearm, or one in a vehicle, without a valid License to Carry under § 6106. A felony in most cases, but often reducible to a misdemeanor.
Carrying in Philadelphia
Under § 6108, carrying a firearm on a public street or public property in Philadelphia without a license is a separate misdemeanor, often charged alongside § 6106.
Persons Not to Possess
Possession by someone with a disqualifying conviction, an active PFA, or certain mental health commitments under § 6105. Among the most aggressively prosecuted gun cases.
Straw Purchases & False Statements
Lying on a purchase form or buying a gun for someone else under § 6111. Penalties climb sharply when the firearm ends up with a prohibited person.
Altered Serial Numbers & Ghost Guns
Possessing a firearm with an altered or obliterated serial number is a second-degree felony. Untraceable, privately made firearms draw added scrutiny.
Possessing an Instrument of Crime
A PIC charge under § 907 requires proof that you intended to use the item criminally. It is stacked onto other charges, and intent is often the weak point.
Prohibited Offensive Weapons
Covers items like sawed-off shotguns, silencers, metal knuckles, and blackjacks under § 908. Many cases hinge on how the item is defined and whether an exception applies.
Federal Firearms Charges
Felon-in-possession, § 924(c) gun-during-a-crime counts, and trafficking cases carry mandatory minimums that can stack. Early intervention matters most here.
Charges often filed alongside:
possession with intent to deliver, possessing an instrument of crime (PIC), receiving stolen property when a gun is reported stolen, recklessly endangering another person (REAP), aggravated assault, and resisting arrest.
Penalties Under Pennsylvania Law
| Charge | Grade | Maximum prison | Maximum fine |
|---|---|---|---|
| Carrying without a license (eligible for a license, no other crime) | M1 | 5 years | $10,000 |
| Carrying without a license | F3 | 7 years | $15,000 |
| Carrying a firearm in Philadelphia (§ 6108) | M1 | 5 years | $10,000 |
| Possessing an instrument of crime | M1 | 5 years | $10,000 |
| Prohibited offensive weapons | M1 | 5 years | $10,000 |
| Straw purchase / false statement | F3 | 7 years | $15,000 |
| Transfer to a prohibited person | F2 | 10 years | $25,000 |
| Altered or obliterated serial number | F2 | 10 years | $25,000 |
| Persons not to possess (prior enumerated offense) | F2 | 10 years | $25,000 |
| Federal felon in possession (18 U.S.C. § 922(g)) | Federal | 15 years | $250,000 |
| Armed Career Criminal Act (18 U.S.C. § 924(e)) | Federal | Life | $250,000 |
Statutory maximums under 18 Pa.C.S. §§ 907–908, 1101–1104 and 6105–6111, and 18 U.S.C. §§ 922 and 924. The Armed Career Criminal Act carries a 15-year mandatory minimum. Prior record, the deadly weapon enhancement, and the sentencing guidelines all affect what a court actually imposes.
Consequences Beyond the Sentence
Even without jail time, a weapons conviction can follow you for the rest of your life. We build every defense with these consequences in mind.
- Firearm Rights — A felony or many VUFA convictions can bar you from owning or carrying a gun under state and federal law, often for life.
- Employment — A weapons record appears on background checks and can close doors in security, law enforcement, education, and government work.
- Professional Licenses — Nurses, CDL drivers, contractors, and other license holders can face board discipline.
- Housing — Landlords and public housing authorities may deny applications based on a firearms conviction.
- Immigration — Firearms offenses are a separate ground for deportation. Talk to us before you accept any plea.
- Child Custody — Weapons charges can be raised in family court proceedings.
- Future Cases — A prior gun conviction raises your prior record score and can turn a future possession charge into a persons-not-to-possess felony.
How We Defend Weapons Charges
The Commonwealth has to prove every element of a weapons charge beyond a reasonable doubt. We test each one.
- Illegal Stop, Frisk & Search — The Pennsylvania Constitution offers stronger privacy protection than the Fourth Amendment. Stops without reasonable suspicion and warrantless car searches can get the gun suppressed.
- Constructive Possession — A gun found in a shared car or home does not automatically belong to you. Prosecutors must prove you knew it was there and had the power and intent to control it.
- Licensing Exceptions — Section 6106 has exceptions for your home, your fixed place of business, and transporting an unloaded firearm to a range or for repair.
- Prohibited Status — Old records get misread. We confirm whether a prior conviction actually disqualifies you, including out-of-state and juvenile records.
- Operability — To count as a firearm under VUFA, the weapon generally has to be operable or capable of being made operable. We demand the testing.
- DNA & Fingerprints — Guns often carry no usable prints or DNA linking them to you. The absence of forensic evidence is evidence too.
- Second Amendment Challenges — After Bruen, the Third Circuit’s Range decision opened the door to as-applied constitutional challenges in the right case.
- Officer Credibility — Body-camera footage, reports, and disciplinary history can reveal inconsistencies that matter at a suppression hearing or trial.
Paths to Dismissal & Reduced Charges
Gun cases are often won or lost before trial. These are the most common routes we use to get firearm charges dismissed, reduced, or kept off your record.
- 01Suppress
Motion to Suppress
Who it’s forCases built on a stop, frisk, or vehicle search
Possible resultThe firearm is excluded; charges are often withdrawn
- 02Habeas
Habeas Corpus Petition
Who it’s forCases with thin proof that you knew about or controlled the gun
Possible resultCharges dismissed before trial
- 03§ 6106
Grade Reduction
Who it’s forPeople who were eligible for a license and committed no other crime
Possible resultFelony reduced to a first-degree misdemeanor
- 04ARD
Accelerated Rehabilitative Disposition
Who it’s forEligible first-time offenders, at the DA’s discretion
Possible resultCharges dismissed after supervision; record eligible for expungement
- 05Relief
Pardon & Rights Restoration
Who it’s forPeople barred by an old conviction
Possible resultA pardon or expungement can restore firearm eligibility
Licensed carriers: A valid Pennsylvania License to Carry Firearms answers most § 6106 and § 6108 charges, but it is not honored in New Jersey, and an expired, suspended, or revoked license can still lead to an arrest. Keep your license on you whenever you carry.
Federal Charges & Tri-State Cases
Federal firearms charges. Felon-in-possession (18 U.S.C. § 922(g)), using or carrying a gun during a drug or violent crime (§ 924(c)), and trafficking cases are prosecuted in the U.S. District Court for the Eastern District of Pennsylvania. A § 924(c) count adds a mandatory minimum of at least five years that must run consecutively, and the Armed Career Criminal Act sets a 15-year minimum. If ATF or other federal agents are involved, call us immediately.
New Jersey and Delaware. Pennsylvania carry licenses are not honored in New Jersey, where unlawful handgun possession is a second-degree crime and the Graves Act requires a mandatory period of parole ineligibility. Delaware has its own licensing and reciprocity rules. Capek Law handles weapons cases across the tri-state area and will tell you exactly how your state’s rules apply.
After a Weapons Arrest: What To Do
- ✓Stay calm and keep your hands visible. Do not resist, even if you believe the stop is unfair.
- ✓If you have a License to Carry, say so and show it when asked.
- ✓Say clearly: “I am invoking my right to remain silent, and I want a lawyer.”
- ✓Do not consent to any search of your car, bag, phone, or home.
- ✓Write down everything you remember: times, officers, witnesses, as soon as you can.
- ✗Explaining where the gun came from or who it belongs to.
- ✗Discussing the case on recorded jail calls, texts, or social media.
- ✗Posting photos of firearms online. Prosecutors check social media.
How a Pennsylvania Weapons Case Moves
- 01Step 1
Arrest & preliminary arraignment
Charges are filed and bail is set, often within hours of arrest. We step in right away.
- 02Step 2
Preliminary hearing
The Commonwealth must show a prima facie case. We challenge possession and knowledge early.
- 03Step 3
Formal arraignment
Charges are formally read in the Court of Common Pleas and a plea is entered. We protect your options.
- 04Step 4
Discovery & suppression
We review body-cam footage, the stop, and lab reports, and move to suppress an unlawful search.
- 05Step 5
Negotiation or diversion
We pursue dismissal, grade reductions, or programs like ARD where they are available.
- 06Step 6
Trial
If the case doesn’t resolve fairly, we build a full defense and take it before a judge or jury.
Why Capek Law?
When your future is on the line, you need more than a lawyer who processes cases. You need one who knows the courtrooms, knows the prosecutors, and is willing to take your case all the way.
- Trial-Ready from Day One — We prepare every case as if it will go to trial. That posture changes how prosecutors approach negotiations and what they put on the table.
- Search & Seizure Focus — Most gun cases are won or lost on the stop. We go through every second of the body-cam footage and every line of the report.
- Available When It Matters — Gun arrests happen at night and on weekends. We pick up the phone, appear at bail hearings, and are present from the first moment.
The sooner we’re involved, the more options you have. Evidence can be preserved, the stop can be challenged, and mistakes can be prevented. Talk to Capek Law today about your weapons charge; the consultation is free, and everything you tell us stays confidential.
The information on this page is for general educational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Statutes and sentencing guidelines change — consult an attorney for advice about your specific situation.