Firearms & Weapons Rights Archives | Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC
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Convictions That May Revoke Your Concealed Carry License

Under the Second Amendment, we have the right to bear arms. However, this right is not unlimited. This means that under certain circumstances, your right to carry a gun can be revoked. A criminal conviction is one of these reasons.

If you are accused of a crime in the Pittsburgh area and worried that it may limit your right to carry an otherwise legal firearm, you can review all your options and pursue an outcome that protects your record and ability to own firearms. Contact Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC today at (412) 281-2146.

Impact of Criminal Convictions on a Concealed Carry License

According to the Gun Control Act, any person under indictment for or has been convicted in any court of a crime punishable by at least one year in prison is not permitted to carry a gun.

This means that after your arrest for any state or federal crime, your concealed carry permit will be revoked. Under federal law, no convicted felon may purchase or be in possession of a firearm. But, the concealed carry laws for people convicted of misdemeanors depend on state law.

Pennsylvania Concealed Carry

Pennsylvania is a “shall-issue” state for concealed carry licenses. This means that, in general, the issuance of a carry license is automatically issued after a 45-day background check to any adult over 21 who has taken a handgun or firearm safety course. However, there are exceptions:

  • People likely to endanger public safety,
  • Individuals convicted of certain drug or controlled substance crimes,
  • Mentally ill adults,
  • People adjudicated delinquent in a juvenile court within the last ten years,
  • Habitual drunkards,
  • Convicted felons,
  • Individuals convicted of a DUI more than three times in a five year period,
  • Individuals convicted of domestic assault crimes, and
  • Illegal immigrants.

Almost all serious criminal convictions and any violent convictions result in the loss of your concealed carry permit in Pennsylvania. The good news though, is that misdemeanors will not necessarily revoke your license.

Will I Lose My Gun Rights for a DUI?

If you are arrested for a first or second DUI this will not affect your ability to carry a firearm.

The one common problem people run into with concealed carry permits after misdemeanor crimes is regarding drug possession charges. In Pennsylvania, the most minor drug convictions will often lead to your concealed carry license being revoked. For this reason, you need to be aware of the potential consequences of a drug conviction on your gun carry rights before sentencing.

A Lawyer Can Help Protect Your Gun Rights

With an experienced Pittsburgh defense attorney, you may be able to mitigate the charges in order to avoid losing your concealed carry license. If you have been arrested for any crime that could cause you to lose your concealed carry permit, contact us at Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC today at (412) 281-2146. We will fight to get your case the best outcome possible.

Acquittal in Fayette County Parole Violation Case

The criminal justice system in Pennsylvania and across the country does not typically treat parole or probation violations lightly. Law enforcement officers, prosecutors, judges and even the population at large may predetermine your guilt if you are accused of violating the terms of your release because you were already given another chance after a mistake. Luckily, we do not live in a country where preconceived notions and assumption are evidence of guilt.

If you are accused of violating parole or probation, it is vital that you review all your options and tell your story to a dedicated and highly-skilled Pennsylvania criminal defense attorney.

Call Worgul, Sarna & Ness, Criminal Defense Attorneys today at (412) 281-2146 to schedule a free and consultation.

Firearm Offense Endangers a Recent Parolee

In the spring of 2016, a young man in Fayette County was recently paroled and working as a mover, when being in the wrong place at the wrong time almost sent him back to prison for a very long time.

Apparently, one day after work, he was awoken by a call from his sister, asking for a ride home from an area bar. After he arrived, an argument broke out between some other patrons, one of which was an acquaintance. The man noticed that this other individual was carrying a firearm and due to his time in prison, he appealed to him to surrender the weapon and not get caught up in such a heated situation. Eventually, the man handed the gun over, but since he knew that his parole prohibited him from being in possession of a gun, he decided to throw it in a grassy area outside of the bar.

Unfortunately, the altercation caused the police to arrive and someone reported that a gun was involved and a shot was even fired. An officer at the scene claimed that he saw the man in question fire the shot in his direction and brought him in for questioning. Without an attorney, the man spoke with police and denied any involvement, but did not advise the officers that he had, in fact, disarmed another person.

This turned out to be a mistake because when police saw the video evidence taken outside of the bar, it was apparent that he did have a gun at one point and attempted to hide it in the weeds. This led the officers to believe that he was lying and when the gun was recovered, the man was charged with the felony crimes of aggravated assault on a police officer, person not to possess a firearm, carrying a firearm without a permit, and assault on a police officer as well as misdemeanors for reckless endangerment and disorderly conduct. While these offenses are serious enough for anyone, the man had the added complication of being on parole and in addition to the normal penalties, if he was convicted of violating his parole, he would likely spend the next 20 years in prison.

Worgul, Sarna & Ness, Criminal Defense Attorneys and Matthew Ness for the Defense

Tragically, because of the man’s parole status and the grievous nature of these crimes against the public and law enforcement, the man’s bond was set at an impossibly high amount and he needed to await trial in custody. While he waited in jail for the opportunity to tell his side of the story, the veteran legal team at Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC and Pennsylvania criminal defense attorney Matthew Ness began working for their client and conducted an independent investigation.

When their client’s trial started, almost a year later, attorney Ness was well-equipped with the strongest possible defense and presented his client to the jury as someone trying to straighten his life out. When Ness offered his client’s version of events combined with dissecting the video evidence, it was clear to the jury that no crime was committed. Due to his attorney’s dedication and attention to detail, the jury acquitted this man of all the charges against him and he was free to go.

You Have Rights, Protect Them

Although he had to wait for an extended period due to legal red –tape, procedures, and unnecessary delays, this man’s decision to consult and attorney eventually led to his deliverance and the chance to rebuild his life. At Worgul, Sarna & Ness, Criminal Defense Attorneys, attorney Matthew Ness and the entire legal team know the importance of defending their clients and protecting the rights of the accused. Give us the opportunity to tell your side of the story and work towards the best possible outcome.

For a free and confidential consultation, call (412) 281-2146 today.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

Mandatory Minimums Not Allowed for Certain Charges

As of August 20th, certain crimes where a gun is present, including drug convictions and robberies, will no longer automatically trigger mandatory minimum laws. The Pennsylvania Superior Court has ruled that mandatory minimums for drug convictions involving a firearm are unconstitutional.

In this case, Jason Newman was given the chance for a new sentence after being arrested for possession with intent to deliver illegal drugs and other related charges. When a gun was found during a search of Newman’s apartment, these charges were intensified, despite the fact that the gun was not used during the transactions. The appellate court decided to overturn the sentencing based on the fact that the jury did not find the evidence of the gun used in the crime compelling. They only ruled on the drugs charges.

Previously, Pennsylvania law stipulated that simply introducing evidence that an element to lengthen the mandatory minimum was present at the time of a crime would allow judges to be the sole arbiter of whether or not a mandatory minimum applied, usually causing judges to be obligated to give long sentences for what could have been minor convictions. Now, the entire mandatory sentencing construct for gun and drug cases has been deemed unconstitutional by the Pennsylvania Supreme Court.

Defendants in mandatory minimum cases to have better chance of less prison time

Advocates for mandatory minimum reforms are celebrating this decision, as it gives power back to juries to rule logically on the severity of sentencing. Defendants and their attorneys will be allowed to argue all the facts of the case and juries will be empowered to have the influence over the outcomes of cases as originally intended. Anyone who is arrested for drugs charges involving firearms will be able to build a case for the jury to decide free of the threat of mandatory sentencing which was a powerful scare tactic for the prosecution.

Furthermore, since mandatory minimums will no longer automatically apply for these types of drug convictions, defendants have a greater chance of diversion programs or plea bargains. With proper representation, people arrested for minor drug convictions who just happen to have a firearm or who are in an unlucky location will not be automatically condemned to a long sentence. Juries will be able to rule for themselves, and the prosecution will be required to prove all charges.

If you are arrested for a drug charge and a gun or other “trigger” for a greater mandatory minimum, such as being in a school zone, was involved, you are able to fight the application of mandatory minimums with the help of an experienced Pittsburgh criminal defense attorney. Call us today to set up a free consultation to find out how we can help you get the best possible outcome for your case.

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