NORRISTOWN — A Berks County man already serving a prison term for illegally possessing a firearm in Upper Hanover was convicted of a separate gun charge stemming from a Limerick Township traffic stop that occurred while he was awaiting sentencing for the Upper Hanover incident.
Richard Birkmire, 41, who listed two addresses in Bally, in the 100 block of Creamery Lane and in the 600 block of Main Street, was convicted in Montgomery County Court of charges of person not to possess a firearm and driving under suspension in connection with a July 9, 2025, traffic stop on Route 422 in Limerick.
Judge William R. Carpenter convicted Birkmire of the charges during a nonjury trial at which Birkmire stipulated to facts contained in a criminal complaint filed by Limerick police.
Birkmire’s stipulation came after the judge denied Birkmire’s petition to suppress evidence in the case.
Carpenter deferred sentencing until later this year.
Birkmire potentially faces a prison term of up to 20 years on the gun charge, which could be imposed consecutively to the 3-to-6-year prison sentence he is currently serving for a 2023 gun incident in Upper Hanover.
Assistant District Attorney Libby Ann Hemler is handling the case. Defense lawyer Matthew Scott Brittenburg represented Birkmire during the court proceedings.
Richard Birkmire (Photo by Carl Hessler Jr. – MediaNews Group)
Birkmire was free on bail awaiting sentencing for the Upper Hanover incident when he was arrested for the Limerick incident.
At 2:12 a.m. July 9, 2025, Limerick police conducted a traffic stop of an Audi sedan with extreme window tint and operated by Birkmire eastbound on Route 422 near the Royersford exit, according to an affidavit of probable cause filed by Limerick Police Officer Shane Johnston.
“During my initial encounter, I noted (Birkmire) was very nervous, made evident by his shaking hands. I could see his hands shaking as he looked for his vehicle documentation and handed me the paperwork,” Johnston alleged in court documents.
Birkmire allegedly told police he was nervous because he knew police were going to pull him over.
When the officer asked Birkmire about his nervousness and heightened awareness of police, Birkmire allegedly stated he was awaiting sentencing in an open case involving a gun charge, according to court documents.
Police determined that Birkmire had a suspended driver’s license. Birkmire also was in illegal possession of a firearm, according to charging documents.
It’s not the first time Birkmire was charged with illegal possession of a firearm.
In January, Birkmire was sentenced to 3 to 6 years in prison on a felony charge of person not to possess a firearm in connection with an April 2023 traffic stop in the area of Route 663 and Geryville Pike in Upper Hanover.
Carpenter imposed that sentence as part of a plea agreement.
Richard Birkmire, of Bally, Pa., is esorted by a deputy sheriff from a Montgomery County courtroom on Jan. 21, 2026, to begin prison term for illegal possession of a firearm. (Photo by Carl Hessler Jr. – MediaNews Group)
Birkmire pleaded guilty to that charge on Sept. 3, 2024.
Birkmire originally was supposed to be sentenced on the charge in July 2025 but he didn’t show up for that sentencing hearing. At that time, Carpenter issued a warrant for Birkmire’s arrest and he was taken into custody several days later.
The original investigation of Birkmire began about 10:10 p.m. April 10, 2023, when Upper Perkiomen police officers patrolling the area of Main Street and Pottstown Avenue in Pennsburg observed a silver Cadillac sedan operated by Birkmire proceed through a steady traffic signal, according to a criminal complaint.
Police caught up to the Cadillac at Route 663 and Geryville Pike in Upper Hanover and conducted a traffic stop. Police identified Birkmire as the driver and lone occupant of the vehicle.
While speaking with Birkmire, police detected the odor of marijuana emanating from the interior of the car. When asked if there was any marijuana in the car Birkmire allegedly said “No,” and that the odor was linked to a friend who he had recently dropped off and who possessed marijuana in the vehicle, according to court documents.
“I continued speaking with Birkmire and asked if there was anything else in the car to which he replied he had a gun in the car,” Upper Perk Police Officer Matthew James Roberts alleged in the criminal complaint.
Birkmire allegedly gave police consent to search the vehicle and police found a loaded tucked between the center console and front seat. In court papers, police identified the gun as a .44-caliber black powder percussion cap style revolver handgun.
Police alleged a review of Birkmire’s criminal history revealed he had felony convictions in New Jersey “which make him a prohibited possessor of a firearm.”