Criminal Defense

Gun Charges Withdrawn in York County Case

Attorneys Kenneth Kitay, Andres Jalon, and Daniel Hunter, with valuable assistance from Sarah LaMaster, Esq., successfully secured the withdrawal of firearm-related charges against our client.

This case involved serious charges under Pennsylvania law, specifically PA 18 §6106 §§ A2 (Firearm Not to Be Carried Without a License), which carries significant penalties. Our client faced these charges after being stopped by police in Springfield Township, York County, in early 2024. During the stop, law enforcement officers discovered a firearm in the driver’s side door of his vehicle, leading to his arrest and the subsequent charges.

Our team immediately recognized that the search, seizure, and arrest were conducted in violation of our client’s constitutional rights under the Fourth and Fourteenth Amendments, as well as the Pennsylvania Constitution. We moved to suppress the evidence, arguing that the arresting officers lacked probable cause or reasonable suspicion to initiate the stop, search, and arrest of our client. Moreover, we demonstrated that the search was conducted without a warrant or our client’s consent.

In support of our argument, we referenced the landmark U.S. Supreme Court decision in New York State Rifle & Pistol Association, Inc. v. Bruen (2022), which significantly reshaped the legal landscape regarding Second Amendment rights. The Bruen decision clarifies that government regulations concerning firearm possession must be consistent with the historical tradition of firearm regulation at the time of the Constitution’s ratification. Our argument challenged the constitutionality of requiring a license to carry a firearm, contending that our client’s Second Amendment rights were violated.

At Kitay Law Offices, we are passionate about defending the rights of individuals facing criminal charges. This case is just one example of how we relentlessly pursue justice for our clients, ensuring that their rights are protected at every stage of the legal process.

If you or someone you know is facing legal challenges involving firearm charges or other criminal matters, the experienced attorneys at Kitay Law Offices are here to help. Contact us today to schedule a consultation and let us fight for your rights.

Thomas J. Pivnicny, Esq.

Thomas is a partner and managing attorney at Kitay Law Offices. Since joining the firm in 2012, Thomas has helped thousands of clients through difficult situations. He has obtained millions of dollars in compensation for his clients from employers, insurance carriers, and other responsible parties. Dedicated to helping everyday people obtain justice, Thomas is constantly learning and growing to ensure his clients achieve the best possible outcome.

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