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In the City and County of Philadelphia, violations of the Uniform Firearms Act are prosecuted with extreme aggression. Unlike many other areas in Pennsylvania, Philadelphia is considered a city of the first class, meaning gun laws are enforced with heightened scrutiny. A conviction for a firearms offense can result in years in state prison, thousands of dollars in fines, and a permanent felony record that will severely limit your employment, housing, and civil rights.

The defense attorneys at SKA Law Group understand the immense pressure and fear that comes with a gun charge. We provide professional, authoritative, and empathetic legal representation to individuals facing serious weapons offenses. Whether you were caught with an unlicensed firearm during a traffic stop or accused of possessing a weapon as a prohibited person, securing competent legal counsel immediately is critical to protecting your freedom and your future.

Common Firearms Offenses in Pennsylvania

Pennsylvania’s Uniform Firearms Act outlines several distinct gun crimes. The severity of the charge depends on your criminal history, whether you had a license, and how the weapon was being used or transported. The most common charges we defend against include:

Firearms Not to be Carried Without a License (18 Pa.C.S. § 6106)

It is generally unlawful to carry a firearm concealed on your person or in a vehicle without a valid license to carry. While you have the right to keep a firearm in your home or fixed place of business, transporting it requires strict adherence to the law. A violation of Section 6106 is typically graded as a felony of the third degree, carrying a potential penalty of up to seven years in prison and a $15,000 fine.

Persons Not to Possess, Use, Manufacture, Control, Sell or Transfer Firearms (18 Pa.C.S. § 6105)

This is one of the most serious gun charges in Pennsylvania. Under Section 6105, individuals convicted of certain enumerated offenses—such as robbery, burglary, aggravated assault, or felony drug crimes—are strictly prohibited from possessing a firearm. Active Protection from Abuse (PFA) orders also trigger this prohibition. A violation is generally graded as a felony of the second degree, which can result in up to ten years in prison and a $25,000 fine.

Carrying Firearms on Public Streets or Public Property in Philadelphia (18 Pa.C.S. § 6108)

Because Philadelphia is a city of the first class, it is illegal to carry a firearm—whether concealed or openly—on public streets or public property without a license. This offense is specific to Philadelphia and is graded as a misdemeanor of the first degree, carrying up to five years in prison and a $10,000 fine.

Penalties and Sentencing Enhancements

Pennsylvania does not have many mandatory minimum sentences for simple gun possession, but judges rely heavily on the state’s sentencing matrix. The matrix calculates sentences based on the Offense Gravity Score (OGS) of the crime and your Prior Record Score (PRS).

Furthermore, if a firearm is used during the commission of another crime—such as robbery or aggravated assault—the prosecution will likely seek a “Deadly Weapon Enhancement.” This enhancement can significantly increase the recommended jail time, potentially adding years to a sentence.

Defending Against a Philadelphia Firearms Charge

A gun arrest does not guarantee a conviction. A skilled Philadelphia firearms defense attorney can challenge the prosecution’s evidence on multiple constitutional and procedural grounds. Common defense strategies include:

Challenging the Stop and Search: The Fourth Amendment protects you from unreasonable searches and seizures. If the police stopped your vehicle or searched your person without reasonable suspicion or probable cause, the firearm may be suppressed as evidence, often leading to a dismissal of the charges.

Disputing Actual or Constructive Possession: If a gun is found in a car with multiple passengers or in a shared residence, the prosecution must prove that you knew the gun was there and had the intent and power to control it. Simply being near a firearm is not enough to prove constructive possession.

Proving Exemptions for Transport: Pennsylvania law provides specific exemptions for transporting firearms without a license, such as traveling directly to or from a firing range, a gunsmith, or a new residence. If your actions fall within these narrow exemptions, the charges may be defeated.

What to Do After a Gun Arrest

If you are arrested for a firearms offense, you must protect your rights immediately. Exercise your right to remain silent—do not attempt to explain the situation or claim ownership of the weapon to the police. Anything you say will be used against you. Your next step should be to contact an experienced criminal defense attorney who can intervene before the prosecution solidifies its case against you.

Philadelphia Firearms Offense – FAQs

Q: What is the penalty for illegal firearm possession in Philadelphia?

A: The penalties depend on the specific charge. Carrying a concealed weapon without a license (Section 6106) is a third-degree felony punishable by up to seven years in prison. Possessing a firearm as a prohibited person (Section 6105) is a second-degree felony carrying up to ten years in prison. Carrying a firearm on the streets of Philadelphia without a license (Section 6108) is a first-degree misdemeanor punishable by up to five years.

Q: What is the difference between a misdemeanor and felony gun charge in PA?

A: Misdemeanor gun charges, such as carrying on the streets of Philadelphia (Section 6108) or possessing a firearm with an altered serial number in some cases, generally carry lighter sentences (up to five years). Felony gun charges, such as possession by a prohibited person (Section 6105) or carrying without a license (Section 6106), carry much harsher penalties, including up to ten years in state prison and a permanent loss of your right to own a firearm.

Q: Why do I need a private criminal defense lawyer for a Philadelphia gun charge instead of a public defender?

A: While public defenders are qualified attorneys, they are often burdened with massive caseloads and limited resources. A private criminal defense attorney can dedicate the time, resources, and personalized attention necessary to thoroughly investigate your case, file critical pre-trial motions to suppress evidence, and build a robust defense tailored to your specific situation.

Q: Can a firearms charge be expunged in Pennsylvania?

A: Generally, felony and misdemeanor firearms convictions cannot be expunged from your record unless you receive a Governor’s Pardon. However, if your charges are dismissed, withdrawn, or you are found not guilty at trial, your attorney can petition the court to have the arrest record expunged.

Q: What happens at a preliminary hearing for a gun charge in Philadelphia?

A: At the preliminary hearing, the prosecution must present enough evidence to convince a judge that a crime was committed and that you likely committed it. It is not a trial to determine guilt or innocence. However, it is a critical opportunity for your defense attorney to cross-examine police officers, expose weaknesses in the prosecution’s case, and potentially have the charges reduced or dismissed.