Right to Bear Arms?

Date: April 13, 2011
Posted In: DLP Law

            Sam had collected a number of handguns and rifles over the years and was aware that in Pennsylvania he was allowed to carry a firearm, as long as it was visible, except in the city of Philadelphia.

            Sam was driving on Main Street in Newfoundland when he was pulled over by a state trooper. The state trooper noticed Sam had a handgun on the passenger seat. Same advised the trooper that he kept the gun there at all times for protection. Sam was promptly charged with carrying a concealed weapon.

ISSUE:          Is Sam guilty and what effect will it have on Sam\’s ability to possess his other firearms?

ANSWER:     Sam will be found guilty because once Sam bought his handgun into his vehicle it would now be considered a concealed weapon for the purpose that Sam was utilizing it for. Because the charge against Sam carries a potential penalty of imprisonment exceeding one year, Sam will now be considered a prohibited person from possessing and/or owning firearms in Pennsylvania or any other state. Sam will have to give up all of his guns and rifles.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.  Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column. 

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.