Our law firm defends illegal gun and firearm offenses in the Commonwealth of Pennsylvania and the State of New Jersey. While these criminal offenses are frequently graded as felonies of the 2nd degree in Pennsylvania and crimes of the 2nd degree in New Jersey (Graves Act), there are situations where this typical felony offense under Pennsylvania’s Uniform Firearms Act, Section 6105, is graded as a misdemeanor. In Pennsylvania, a person who has been convicted of an enumerated offense, regardless of the length of sentence, or commits another crime or offense under Section 6105, cannot possess, use, control, sell, or transfer a firearm within the Commonwealth.
Title 18, Section 6105 (Persons Not Possess of Gun or Firearm in Pennsylvania)
Normally, a violation of Section 6105 is a felony of the 2nd degree because a person has been previously convicted of an enumerated felony offense such as aggravated assault, kidnapping, burglary, robbery, or some other violent felony crime. A person can also violate Section 6105 and face a felony of the 2nd degree penalty if they have been previously convicted of being a member of a corrupt organization under Section 911 (Title 18) or if they are a repeat offender for a felony theft offense. With that said, Section 6105 isn’t always graded as a felony offense if the person hasn’t committed a violent felony or some other felony offense, but rather, an enumerated misdemeanor such as a violation of Pennsylvania’s Controlled Substance, Device, and Cosmetic Act or any equivalent federal or state statute that is punishable by more than 2 years of incarceration (I.e. misdemeanor of the 1