Being charged with a gun crime in Delaware County, Pennsylvania, can be overwhelming. A firearm offense can affect your freedom, employment, professional licensing, immigration status, and future opportunities. Whether you were arrested for carrying without a license, unlawful possession, or having a gun during another offense, understanding how to get a gun charge dismissed is essential.

Delaware County follows Pennsylvania’s Uniform Firearms Act (Title 18, Chapter 61). The specific statute you’re charged under – such as 18 Pa.C.S. § 6106 (Firearms Not to Be Carried Without a License) or § 6105 (Persons Not to Possess Firearms) – determines both the penalties and available defenses. With the right legal strategy and representation, dismissal is possible.

Hiring an experienced gun crime lawyer in Delaware County is one of the most important steps you can take to challenge the evidence, protect your rights, and build a strong defense.

Understanding Gun Laws in Delaware County (Pennsylvania)

Firearm laws in Delaware County are governed by Pennsylvania state statutes, which define who may lawfully possess, carry, sell, or transport a firearm. Here are the most important rules to understand:

1. License Requirements

Pennsylvania requires a License to Carry Firearms (LTCF) for concealed carry or for carrying a loaded gun in a vehicle. Licenses are issued through the Delaware County Sheriff’s Office.

2. Prohibited Persons

Under 18 Pa.C.S. § 6105, certain individuals may not possess firearms, including:

• Convicted felons
  
• Individuals with certain misdemeanor convictions
  
• Persons under active Protection From Abuse (PFA) orders
  
• Fugitives
  
• Persons with disqualifying mental health commitments
  

3. Enhanced Penalties

Penalties increase when a firearm is used during a felony, possessed unlawfully, or used in connection with drug activity or violent crimes.

4. Local Procedures Matter

Delaware County’s courts, prosecutors, diversionary programs, and Sheriff’s Office licensing procedures play a major role in how firearm cases move forward.

Violating these laws can lead to misdemeanors or felonies. If you face gun-related charges, contacting a criminal lawyer in Delaware County quickly is essential to protect your rights.

Common Gun Charges in Delaware County

Below are the most frequent firearm-related offenses prosecuted in the county:

Carrying a Firearm Without a License – 18 Pa.C.S. § 6106

One of the most common charges. Can be a felony or misdemeanor depending on the circumstances.

Possession by a Prohibited Person – 18 Pa.C.S. § 6105

A serious felony with significant prison exposure.

Possession of Firearm with Altered Serial Number – § 6110.2

Automatically charged as a felony, often aggressively prosecuted.

Firearm Used During a Crime

Possessing or displaying a gun during another offense often triggers mandatory minimums.

Improper Storage, Transport, or Reckless Discharge

Charged under local ordinances or state statutes; penalties vary.

Understanding the exact statute helps shape your defense strategy.

Penalties for Gun Charges in Pennsylvania (Delaware County)

Understanding the exact statute helps shape your defense strategy.

How to Get a Gun Charge Dismissed in Delaware County

Dismissal often depends on the facts of the case, the legality of police actions, and the defense strategy your attorney uses. Below are the most effective paths to dismissal:

1. Illegal Search and Seizure (4th Amendment Violations)

If police lacked reasonable suspicion, probable cause, or exceeded the scope of a search, your lawyer may file a motion to suppress.

When the gun is suppressed, the prosecution often cannot continue the case, leading to a full dismissal.

2. Lack of Possession or Knowledge

The prosecution must prove you:

• knew the gun existed, and
  
• exercised control or dominion over it.
  

If the firearm was found in a shared vehicle, borrowed bag, or public space, the state may fail to prove possession.

3. Valid License or Administrative Mistake

If your permit was active but incorrectly listed, expired in error, or not updated in the system, your lawyer can present proof and pursue dismissal.

4. Chain-of-Custody or Evidence Handling Errors

Mishandled evidence can be excluded. Missing forms, incorrect dates, and inconsistent reports can weaken the case enough for dismissal.

5. Miranda Violations / Improper Interrogation

If police questioned you without reading your rights or coerced statements, those statements may be excluded — often undermining the prosecution’s case.

6. Entrapment or Mistaken Identity

These defenses apply if law enforcement encouraged the crime or if you were falsely accused.

7. Diversion or ARD (When Eligible)

Delaware County offers Accelerated Rehabilitative Disposition (ARD) for certain first-time, nonviolent offenses. Not all gun charges qualify – especially felonies – but when available, ARD can result in:

• Dismissal of charges
  
• Expungement eligibility
  

Your attorney can quickly determine whether ARD is a realistic option.

Step-by-Step: What to Do After Being Charged

1. Hire a gun crime lawyer immediately. Don’t speak to the police without counsel. An experienced Delaware County attorney knows local prosecutors, judges, and diversion rules.
   
2. Preserve evidence & documents. Provide your attorney with any license, paperwork, photos, or witness names.
   
3. Obtain the police report and bodycam/dashcam footage. Your lawyer will review for legal defects, inconsistencies, and suppression grounds.
   
4. Explore suppression motions. If there was an illegal stop/search or Miranda error, file promptly.
   
5. Check licensing records and administrative details. Confirm the validity of permits and any clerical issues. 
6. Negotiate with the prosecutor. If suppression isn’t possible, your attorney may negotiate reduced charges or diversion.
   
7. Prepare for trial if needed. A strong trial strategy sometimes convinces prosecutors to dismiss before trial; readiness can be leveraged.
   

Early strategy is often the difference between dismissal and conviction.

Real-Life Scenarios Where Gun Charges Are Dismissed

Here are a few examples of how gun charges in Delaware can be dismissed when proper legal defenses are applied:

• Unlawful Traffic Stop: A driver is pulled over, and a firearm is found, but the police lacked probable cause for the stop. The evidence may be thrown out, leading to dismissal.
  
• No Possession or Control: Someone is near a gun but never had control or knowledge of it. Without proof of possession, charges often don’t hold.
  
• License or Record Errors: Sometimes, administrative mistakes or outdated firearm records cause wrongful charges. Providing valid documentation can result in dropped charges.
  

These scenarios show how strong defense strategies and experienced legal representation can make a major difference in protecting your rights.

Pennsylvania vs. Delaware (State) Gun Laws: Key Differences

Many people searching “gun laws Delaware” expect state-level Delaware information, not Delaware County (PA). Here’s a quick comparison to reduce confusion:

Pennsylvania (Delaware County)

• Governed by Title 18, Chapter 61
  
• LTCF required for concealed carry
  
• Open carry is allowed except in Philadelphia
  
• Simpler permit process through the Sheriff’s Office
  

State of Delaware

• Governed by Delaware Code Title 11
  
• Concealed carry requires a CCDW permit
  
• Application process includes fingerprinting, references, and publication in a newspaper
  
• Magazine rules and transport laws differ
  

Why This Matters

If your arrest occurred in Delaware County, PA, Pennsylvania law applies, even if you hold a Delaware state permit or assume reciprocity existed.

Why You Need a Gun Crime Lawyer in Delaware County

A skilled defense attorney will:

• Examine every detail of your arrest
  
• Challenge unconstitutional searches
  
• Uncover evidence inconsistencies
  
• Identify licensing or paperwork errors
  
• Negotiate with prosecutors
  
• Fight for dismissal, ARD, or reduced penalties
  

Delaware County prosecutors take gun cases seriously — you need an advocate who takes your defense just as seriously.

At McGarrigle Law Firm, we represent clients facing a wide range of firearm-related charges and work aggressively to protect their rights and future.

Frequently Asked Questions

Q: Can a first-time gun charge be dismissed in Delaware County?
A: Yes – in some cases. If the facts support suppression (illegal search), show a lack of possession, or if administrative errors exist, prosecutors may dismiss. For nonviolent, eligible cases, diversion programs may be available, but weapons charges are often excluded. 

Q: Is carrying a gun without a license a felony in Pennsylvania?
A: It can be charged as a felony (third degree) depending on the circumstances, although some cases may be charged as misdemeanors. Penalties vary by statute and fact. 

Q: What is the ARD program, and can it dismiss gun charges?
A: ARD (Accelerated Rehabilitative Disposition) is a pre-trial program for certain first-time offenders in Delaware County that, if completed, can lead to dismissal and potential expungement. However, ARD generally excludes violent and weapon offenses. Your attorney can quickly evaluate eligibility. 

Q: How long does it take to get a gun charge dismissed?
A: Timelines vary. Suppression motions may be decided within weeks or months; negotiations can happen anytime; diversion programs have application windows. Fast action and experienced counsel matter.

Q: Should I talk to the police after an arrest?
A: No. Politely invoke your right to counsel and remain silent. Anything you say can be used against you.

Legal Resources in Delaware County

Understanding how local courts operate can make a big difference when facing firearm-related charges. Here are some helpful legal resources:

• Delaware County Court of Common Pleas: Offers information about court procedures, case filings, and hearing schedules.
  
• Delaware County Sheriff — Firearm Licenses — guidance on licenses, renewals, and timelines.
  
• Pennsylvania statutes (Title 18, Chapter 61) — statutory text for offenses such as § 6105, § 6106, and § 6109
  

When combined with guidance from an experienced defense attorney, these resources can help you better understand your rights and confidently navigate your case in Delaware County.

Speak With a Delaware County Gun Crime Lawyer Today

A gun charge can derail your future – but with the right defense, dismissal is possible. McGarrigle Law Firm aggressively challenges unlawful searches, evidence issues, and licensing mistakes to protect your rights at every step.

Contact today for a confidential free consultation

Your freedom, your rights, and your future deserve a strong defense.