NORRISTOWN — A Berks County man already behind bars for illegally possessing a firearm in Upper Hanover Township received additional prison time on 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 sentenced in Montgomery County Court on Monday to 5½ to 15 years in a state correctional facility on a felony charge of person not to possess a firearm in connection with a July 9, 2025, traffic stop on Route 422 in Limerick.
Judge William R. Carpenter imposed the sentence concurrently with the 3-to-6-year prison sentence Birkmire is currently serving for the 2023 gun incident in Upper Hanover. The latest sentence increases the amount of time that Birkmire will remain in jail.
Carpenter convicted Birkmire of the latest charges earlier this year during a nonjury trial at which Birkmire stipulated to facts contained in a criminal complaint filed by Limerick police.
Richard Birkmire (Photo by Carl Hessler Jr. – MediaNews Group)
During Monday’s sentencing hearing, Carpenter cited Birkmire’s “lengthy criminal history” while imposing the prison term.
In court documents, 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.”
Assistant District Attorney Libby Ann Hemler argued for additional state prison time for Birkmire.
“This defendant was found on multiple occasions with firearms that he was not permitted to possess. There’s a lot of gun violence going on in our state and in our country and the fact that this defendant knew that he was not allowed to possess a firearm and then continued to obtain firearms illegally, that’s a concern for the Commonwealth and why we asked for a state sentence,” Hemler said.
“This defendant was given opportunity after opportunity to change his behavior,” Hemler added.
Birkmire previously failed to appear in court in July 2025 for a bail revocation hearing and his sentencing hearing for the Upper Hanover incident, prompting Judge Carpenter to issue a bench warrant for his arrest at that time.
“This defendant did not show up for sentencing and hearings. It shows that he wasn’t obeying court orders and did not care that they were imposed and that he was required to abide by them,” Hemler said.
Birkmire was taken into custody by deputies from the Montgomery County Sheriff’s Department at the Creamery Road residence in Bally on Aug. 5, 2025.
Deputy Sheriff Justin Huff testified on Monday that Birkmire was taken into custody as he allegedly attempted to flee from a second-floor roof of the residence. Carpenter said Birkmire’s attempt to avoid apprehension “shows his state of mind” and that thankfully, deputies were there to prevent his escape.
Defense lawyer Matthew Scott Brittenburg sought a mitigated sentence for Birkmire, less than five years, for the Limerick incident, arguing Birkmire had a dysfunctional upbringing and suffered from mental health and substance use problems.
“His life trajectory was severely impacted by mental health problems, drug abuse and physical abuse…so that is the environment in which he grew up,” said Brittenburg, arguing Birkmire didn’t want guns for “malicious or nefarious” purposes.
“While it’s certainly no excuse, his possession of firearms is almost always exclusively to hunt. He’s an avid outdoorsman. The purpose for which he wanted to have a gun was not to hurt someone else,” Brittenburg maintained.
Birkmire did not address the judge before learning his fate. Brittenburg handed the judge a letter that Birkmire wrote but the contents were not read in open court.
“He did express remorse,” Brittenburg said.
Richard Birkmire (Photo by Carl Hessler Jr. – MediaNews Group)
The investigation of the Limerick incident began at 2:12 a.m. July 9, 2025, when township 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.
Police determined that Birkmire had a suspended driver’s license. Birkmire was also in illegal possession of a firearm, according to charging documents.
Birkmire was free on bail awaiting sentencing for the Upper Hanover incident when he was arrested for the Limerick incident.
The Upper Hanover 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 on 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 whom 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 firearm 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 was not permitted to possess firearms.