Think you can own a gun or firearm in PA? What you need to know
I recently defended a case in Philadelphia where my client was charged with Violation of Pennsylvania’s Uniform Firearm’s Act Section 6105. Most people don’t understand that in some cases, you can commit a crime in Pennsylvania simply by possessing a gun or firearm. Sadly, people often assume that a particular law doesn’t apply to them or worse, believe that ignorance of the law is somehow a viable defense. In Pennsylvania, for example, our Commonwealth can prohibit a person from possessing a weapon if he or she is convicted of certain offenses either in that state or outside of it.
In many cases, a person who violates Section 6105 (VUFA) commits a felony of the second degree and may be charged with other felonies such as violating Section 6106 (VUFA) (carrying a firearm without a license), 6110.2 (VUFA) (possession of firearm with altered or obliterated serial numbers), and 6108 (VUFA) (carrying a firearm on the city streets of Philadelphia) which is a misdemeanor charge. A person violates section 6105 if they possess a weapon and have been convicted of any of the following types crimes:
- Member of a Corrupt organization
- Involuntary manslaughter
- Aggravated assault
- Unlawful restraint
- Involuntary deviant sexual intercourse
- Receiving stolen property if charged as a felony
- Making false reports to law enforcement if it involved the theft of a firearm
- Witness intimidation
A violation of a Section 6105 is a misdemeanor offense if you’re prohibited from carrying a firearm because of prior misdemeanor conviction (i.e. stalking) or violating a prior Protection From Abuse (PFA) Order. In addition to these offenses a person who has been convicted under the Controlled Substance Drug, Device, and a Cosmetic Act (aka – Possession with the Intent to Deliver – PWID) with the equivalent federal statute or a statute of a different state, is also prohibited from carrying a firearm if the maximum punishment exceeds two years. A person is also prohibited under section 6105 if they have been adjudicated incompetent or involuntarily committed. If you have questions about your constitutional rights or criminal defense, visit our free download section and read my book –What Everyone Should Know About Guns, Drug, & Defense Lawyers in Pennsylvania.