Recently, attarney Ryan W. McAllister represented a client charged with firearms not to be carried without a license, 18 Pa.C.S.A. 6106(a)(2). Although this is a serious offense, our client was likely only facing a probationary sentence since he had no prior record. Nevertheless, attarney McAllister requested all of the police reports and records from the District attarney’s Office, which is a process known as “discovery”.
After reviewing the records, attarney McAllister was able to determine that our client did, in fact, have a license to carry firearms at one point in time. Unfortunately, the license to carry expired shortly before our client was charged. Our client was simply unaware that his license to carry had expired; if he had known, he would most certainly have renewed it.
attarney McAllister, while researching the laws and statutes related to the case, discovered an “exception” that provided a “grace period” of several months in case someone forgets to renew their license to carry. It was written into the laws for a situation just like our client found himself involved in. The “exception” is seldom used, however, and neither the police nor the district attarney’s office were aware of it when our client was charged.
attarney McAllister quickly brought this information to the attention of the district attarney’s office. After review, the district attarney’s office was left with no choice but to agree with attarney McAllister’s analysis and withdraw the charge against our client. Our client was, of course, extremely happy that this charge was withdrawn. He was no longer facing the possibility of several years of probation, not to mention a significant amount of money in fines and court costs.
If you have been charged with a firearms related offense in Berks County or Reading, Pennsylvania, please contact the Law Offices of Ebner, Nevins & McAllister, LLC, today at 610-372-5128. Our attarneys offer no-cost consultations on criminal matters and take the time to provide a thorough analysis of your criminal case.