Pennsylvania takes firearm offenses seriously, and Philadelphia takes them more seriously still. A weapons charge can follow from something as ordinary as a traffic stop, a bag search at a venue, or a gun found in a shared car or apartment. Many people charged under the Pennsylvania Uniform Firearms Act had no idea they were breaking the law until the handcuffs came out.
This overview explains the most common firearm charges in Pennsylvania, what makes Philadelphia different, and the defenses that experienced attorneys use to fight these cases.
The Uniform Firearms Act
Most Pennsylvania gun charges fall under the Uniform Firearms Act, commonly called “VUFA” in Philadelphia courtrooms (Violation of the Uniform Firearms Act). It is found in Title 18, Chapter 61 of the Pennsylvania Consolidated Statutes. The charges people encounter most often include:
- Persons not to possess (Section 6105): Certain prior convictions, active protection-from-abuse orders, and other disqualifying conditions make it illegal to possess a firearm at all. This is often graded as a second-degree felony and is one of the most heavily prosecuted charges in the city.
- Carrying without a license (Section 6106): Carrying a concealed firearm, or having one in a vehicle, without a valid Pennsylvania License to Carry Firearms. This is generally a third-degree felony, though it may be graded as a misdemeanor if you were otherwise eligible for a license and committed no other crime.
- Carrying on public streets in Philadelphia (Section 6108): A charge that applies only in cities of the first class, meaning Philadelphia. Carrying a firearm on public streets or public property in the city without a license is a first-degree misdemeanor, and it is routinely added on top of a Section 6106 charge.
- Altered or obliterated serial numbers (Section 6110.2): Possessing a firearm with a removed or defaced manufacturer number is a second-degree felony, regardless of who altered it.
- Possession of a firearm by a minor, prohibited transfers, and straw purchases: Additional offenses that frequently accompany the charges above.
Why Philadelphia is different
Pennsylvania is a “shall issue” state, and in most counties a license to carry is relatively easy to obtain. Philadelphia, however, is the only city where open carry without a license is itself a crime under Section 6108. The Philadelphia District Attorney’s Office also has a dedicated gun violence unit, and judges in the First Judicial District frequently set high bail on VUFA cases. A charge that might resolve quietly elsewhere in the state can carry real consequences here.
Penalties and collateral consequences
A felony firearm conviction can mean years of incarceration, and certain circumstances trigger mandatory minimum sentences. Beyond prison time, a conviction can permanently strip your right to own a firearm, affect immigration status, limit employment and professional licensing, and make future charges far more serious. Even a misdemeanor conviction under Section 6108 creates a record that follows you.
Common defenses to weapons charges
Gun cases are often won on the facts of how the firearm was found rather than on whether it existed. Some of the most effective defenses include:
- Unlawful search or seizure: If officers stopped you, searched your vehicle, or entered your home without reasonable suspicion, probable cause, or a valid warrant, the firearm may be suppressed as evidence. Without the gun, the case usually collapses.
- Lack of possession: The Commonwealth must prove you knowingly possessed the firearm. When a gun is found in a shared car, a friend’s backpack, or a home with multiple residents, “constructive possession” is frequently challenged.
- Valid license or exemption: A current Pennsylvania license, a recognized out-of-state license, or one of the statutory exemptions (such as transporting an unloaded firearm to or from a range) can defeat a Section 6106 or 6108 charge outright.
- Operability and definition: Not every object the police call a “gun” meets the statutory definition of a firearm. Antique, inoperable, or improperly classified weapons can change the analysis.
- Eligibility challenges under Section 6105: Whether a prior conviction actually qualifies as a disqualifying offense is a legal question that is often more complicated than the charging documents suggest.
What to do if you are charged
Do not discuss the firearm with police, and do not consent to any additional searches. Write down the details of the stop or encounter as soon as possible, including where the gun was located and who else was present. Preserve any documentation related to licensing or ownership. Then contact a defense attorney before your preliminary hearing, where many VUFA cases are narrowed or dismissed.
Talk to Capek Law about your weapons charge
Firearm cases move quickly in Philadelphia, and early decisions matter. Capek Law defends clients facing VUFA charges throughout Philadelphia and the tri-state area, with a focus on challenging unlawful searches and holding the Commonwealth to its burden of proof. Contact us for a confidential consultation.
This article is for general informational purposes only and does not constitute legal advice. Statutes and grading change over time, and every case depends on its specific facts. Speak with an attorney about your situation.
