Theft of a firearm is different from other types of theft. If you are charged with stealing firearms or receiving stolen firearm goods, you could be facing harsh felony punishments. A Pittsburgh criminal lawyer can help you understand the severity of these allegations. Call us today for a free consultation if you were charged with stealing a firearm (412) 281-2146.
Types of firearm the law applies to include (but are not limited to):
- Handguns — single-shot pistols, revolvers or semi-automatic pistols;
- Long guns — rifles and shotguns (manual, semi-automatic, fully automatic);
- Carbines;
- Machine guns or personal defense weapons.
Whereas penalties for other types of theft often depend on the value of the stolen property, the consequence of a stolen firearms sentence is more severe. Common theft can result in varied fines or charges, from a summary offense to a misdemeanor. On the other hand, if you are facing a firearm theft charge in Pennsylvania, it could lead to a potential first-degree felony conviction with serious jail time. A permanent criminal record would also damage your reputation, credit report, and chances for future employment. By hiring an experienced Pittsburgh weapons theft attorney, you could drastically reduce these charges and avoid the worst penalties.
Penalties for Firearm Theft
According to Pennsylvania Criminal Code, Title 18 § 3903(a), an offense is considered a felony of the second-degree, associated with up to ten years in prison, and $25,000 in fines, if you:
- personally commit theft by unlawful taking or disposition, and the property stolen is a firearm;
- receive firearm that was stolen by someone else;
- retain or dispose of a firearm that was illegally obtained by someone else.
However, firearm theft cases can be considered a first-degree felony offense if the amount of stolen firearm is valued at $500,000 or more. This scenario would also be appropriate in the instance that stolen property received retained, or disposed of is a firearm, and the receiver of the goods is involved in the business of buying or selling stolen property. When a perpetrator is found guilty of a felony in the first-degree, he could be confronted with a maximum penalty of twenty years in prison and up to $25,000 in fines.
How Firearm Theft Charges Are Prosecuted in Allegheny County
Firearm theft cases in Allegheny County follow a process that moves quickly and carries high stakes at every stage. After an arrest, the case typically begins at Pittsburgh Municipal Court with a preliminary arraignment where bail is set. Because firearm theft is automatically a felony under Pennsylvania law, judges often set bail higher than they would for a comparable property crime.
The Allegheny County District Attorney’s Office takes weapons-related charges seriously and will assign an experienced prosecutor to the case. At the preliminary hearing, the Commonwealth must show enough evidence that a crime was committed and that you were involved. This is often the first real opportunity for a defense attorney to challenge the evidence — and in some cases, to get charges reduced or dismissed before the case ever reaches the Allegheny County Court of Common Pleas.
If the case moves forward, it proceeds to the felony trial stage. Prosecutors will look at factors such as whether multiple firearms were stolen, whether the stolen weapon was later used in another crime, and whether you have any prior criminal record. Each of these factors can influence whether the prosecution pushes for the maximum sentence or is open to negotiating a plea. An experienced firearm theft defense attorney who knows how Allegheny County prosecutors handle these cases can make a significant difference in the outcome.
How a Pittsburgh Firearm Theft Lawyer Can Help
The consequences of a firearm theft allegation can be disastrous. Violators of the law, if found guilty, can face up to twenty years in prison with hefty payments, and a permanent felony charge on their record. When you or a family member is charged with firearm theft, you should immediately contact an experienced firearm theft attorney in Pittsburgh for assistance. Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC is available for free consult at (412) 281-2146 and will be able to review the evidence against you, collect documentation or testimony to prepare a solid line of defense.
Our Pittsburgh criminal defense attorneys have successfully fought against other firearm and weapons violations, and helped past clients reduce or dismiss their charges. Not only are we committed to attaining the most optimal outcome in your situation, but we will also provide advice and guidance in navigating through each stage of a complex legal system. Since extended delays could further jeopardize your case, we recommend that you contact our office as soon as possible for a free consultation.
Frequently Asked Questions About Firearm Theft in Pittsburgh
Is stealing a firearm always a felony in Pennsylvania?
Yes. Under 18 Pa.C.S. § 3903(a), theft of a firearm is automatically graded as a felony of the second degree, regardless of the weapon’s monetary value. This carries up to ten years in prison and $25,000 in fines. If the total value exceeds $500,000 or the defendant is in the business of buying or selling stolen property, the charge escalates to a first-degree felony with up to twenty years in prison.
Can I be charged with firearm theft if I didn’t steal the gun myself?
Yes. Pennsylvania law treats receiving, retaining, or disposing of a stolen firearm with the same severity as committing the theft. If you knowingly accepted a stolen gun from someone else — even as a gift or in a private sale — you can face the same second-degree felony charge as the person who actually stole it. This is why it is important to verify the legal status of any firearm before taking possession.
What defenses are available for firearm theft charges in Pittsburgh?
Common defenses include challenging whether you knew the firearm was stolen, disputing ownership or possession, questioning how evidence was obtained through an illegal search or seizure, and presenting evidence of mistaken identity. The right defense strategy depends on the specific facts of your case, which is why consulting with an experienced attorney as early as possible matters.
Will a firearm theft conviction affect my gun rights in Pennsylvania?
Yes. A felony conviction for firearm theft permanently prohibits you from owning or possessing firearms under both Pennsylvania and federal law. This ban applies even after you have completed your sentence, parole, and probation. Restoring gun rights after a felony conviction requires a pardon from the Governor, which is a lengthy and difficult process.
How quickly should I contact a lawyer after being charged with firearm theft?
You should contact a criminal defense attorney immediately — ideally before speaking with investigators or making any statements. Early representation gives your lawyer time to review the evidence, challenge the charges at the preliminary hearing, and negotiate with prosecutors before the case progresses to trial.
Contact a Pittsburgh Firearm Theft Lawyer Today
If you or a loved one is facing firearm theft charges in Pittsburgh or Allegheny County, the criminal defense attorneys at Worgul, Sarna & Ness are ready to fight for you. We offer free, confidential consultations and will review your case at no cost. Call us today at (412) 281-2146 or submit an online request to get started.
