Legal Question in Criminal Law in Pennsylvania
felons possessing weapons
Im trying to find information for my cousin in the state of pa. He is a felon (crime was 13 yrs ago.) his girlfriend reported to the police his gun was in her safe (which wasnt even his, she just wanted to cause trouble.) convited felons possessing a weapon is an automatic 10-15yrs. Do you know of any laws in pa that could get him out of this situation?
1 Answer from Attorneys
Re: felons possessing weapons
It depends on what his conviction was for 13 years ago. As far as an automatic 10-15 years, I think you are confusing the 5 year mandatory minimum sentence for committing a crime with a firearm with something else. Possession of a firearm, if your cousin was convicted of one of the listed offenses, like aggravated assault, rape, robbery, or a number of other offenses, is a felony of the second degree, so it is a serious matter. If your cousin is charged there may be other defenses available. But if the girlfriend was holding the firearm for him knowing he had a conviction, she may be in hot water herself.