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What Are the Charges for Discharging a Firearm in Pennsylvania?

Posted by Joseph D. Lento | Sep 05, 2023 | 0 Comments

The Pennsylvania State Police arrested Cullen Gilligan, a 29-year-old man from Beaver Falls after he allegedly discharged a firearm close to a campsite occupied by ten people. The police confiscated Gilligan's rifle, and he faces criminal charges.

Pennsylvania Discharge of Firearm Laws

Under Title 18 Section 2707.1 of Pennsylvania law, it is illegal to knowingly, intentionally, or recklessly discharge a firearm into an occupied structure. The law defines an "occupied structure" as "any structure, vehicle or place adapted for overnight accommodation of persons or for carrying on business therein, whether or not a person is actually present."

The same law also provides two defenses to the discharge of a firearm: (i) law enforcement officers who discharge a firearm in the course of their official duties, and (ii) a person who discharges a firearm while engaged in legal hunting activity, and who fired into an occupied structure unintentionally, unknowingly, or without recklessness.

Anyone arrested for the illegal discharge of a firearm should hire an experienced Pennsylvania criminal defense attorney as soon as possible. The charge is a third-degree felony. A conviction could result in up to 7 years of jail time, a $15,000 fine, a permanent felony record, and a host of other serious consequences, including the loss of your right to own or purchase a firearm, the right to vote, and potential employment, housing, or educational opportunities.

Safe Firearm Handling Tips

Stay on the right side of the law to avoid such a situation. If you're camping and have a firearm in your possession, observe safe firearm handling best practices, including:

  • Never point the firearm's muzzle at something you don't intend to shoot. Research your shooting location outdoors to ensure your gun is always pointed in a safe direction.
  • Keep your firearm unloaded when not in use. A gun should only be loaded when you intend to shoot, such as at a firing range or in legal hunting. Unload the weapon immediately after shooting.
  • Never handle firearms when under the influence of drugs or alcohol. Being under the influence of a controlled substance can negatively affect your judgment, coordination, and decision-making skills, all of which can set the stage for a terrible firearm accident.
  • Never touch the firearm's trigger unless you intend to shoot. Don't think that you can rely on the safety. Too many accidents occur because people mistakenly believe the safety is on and properly functioning.
  • Never handle firearms without taking a weapon's training for that particular weapon. Inexperience with firearms is a significant cause of shooting accidents. Guns are not toys. Take the time to learn how to handle a weapon safely and adequately before firing it.

The LLF Law Firm is Here to Help

A firearms discharge conviction can upend your life. If you've been arrested for this offense, you need an experienced criminal defense lawyer in your corner. Contact the skilled Criminal Defense Team at the LLF Law Firm by calling 888.535.3686 or reaching out through our contact form. We stand ready to help you build a robust defense.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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The LLF Law Firm Team has decades of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the LLF Law Firm today! Our Criminal Defense Team will go above and beyond the needs of any client, and will fight until the final bell rings.

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