Can I Beat a VUFA § 6106 Charge If I Didn’t Know About the Gun?

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

Many people are arrested and charged with carrying a concealed firearm without a license (VUFA § 6106) even when the gun wasn’t actually on them. It may have been found in a car, a bag, or a house that actually belonged to someone else. In these cases, the prosecution proceeds based on the idea of constructive possession. But constructive possession can be confusing. Naturally, many clients ask:

“If the gun wasn’t mine, and I didn’t even know it was there, how can they charge me?”

The answer lies in a concept called constructive possession, and beating a VUFA 6106 charge in this situation often depends on whether the Commonwealth can prove that you knew about the gun and intended to control it.

1. What Is 18 Pa.C.S. § 6106?
Section 6106 makes it a crime to carry a concealed firearm without a valid license outside your home or place of business. If you actually have the gun on your person, and you don’t have a license, that’s a clear-cut 6106 violation. But many cases involve constructive possession, meaning the gun was not on the defendant directly. The statute also makes it a crime to have a gun in a car without a license. But again, if someone else left a gun in the car and you didn’t know about it, how were you supposed to avoid getting charged?

2. What Is Constructive Possession?
Constructive possession means that you didn’t physically have the gun on you, but you had:
- Knowledge that it was there, and
- The intent and ability to control it

It is not enough to just know about it or be near it. You have to known about it AND have the intent and power to control the gun. Constructive possession really means that the gun is basically yours - even if you don’t permanently or legally own it.

3. So How Do You Beat a Constructive Possession Case?
The key defense is lack of knowledge and control. Your lawyer’s goal is often to show reasonable doubt that you even knew the gun was there, let alone that you intended to possess it.

Potential defense strategies we may use could include:
- Shared access: The gun was in a car or home shared by multiple people, so it did not belong to the defendant.
- No fingerprints or DNA: There is no objective, forensic evidence tying you to the weapon.
- No incriminating statements: You didn’t admit to ownership or control. In fact, you may have expressed surprise that it was there and been very cooperative with the officer. For example, why would someone consent to a search if they knew the police were going to find an illegal gun?
- Bad stop or search: Your rights were violated during the stop, and we attorney can file a motion to suppress and ask the judge to exclude the evidence.

4. The Commonwealth Has the Burden of Proof
The DA must prove every element of the offense beyond a reasonable doubt. This means they must prove that you knowingly possessed the gun. If you never touched the weapon, never claimed it, and there’s no forensic or circumstantial evidence linking you to it, a judge or jury may find the case too weak to convict if the gun could have been possessed by someone else.

5. Real-Life Examples Where Constructive Possession Fails
Pennsylvania courts have repeatedly held that mere proximity to a gun is not enough. Examples of defense wins include:
- A gun under the seat in a car with multiple occupants
- A firearm found in a house where the defendant was merely present
- A bag with a gun placed near the defendant but with no evidence of ownership

Each of these scenarios presents an opportunity to argue that the Commonwealth failed to meet its burden.

6. Don’t Assume You Have to Plead Guilty
Just because you’re charged with a VUFA § 6106 violation doesn’t mean the case is open-and-shut. The law gives you the benefit of the doubt, and your lawyer’s job is to hold the Commonwealth to its burden of proving every element of the offense beyond a reasonable doubt.

Facing criminal charges or appealing a criminal case in Pennsylvania?

Goldstein Mehta LLC Criminal Defense Lawyers

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and dismissals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, Violations of the Uniform Firearms Act, and First-Degree Murder. We have also won criminal appeals and PCRAs in state and federal court, including the successful direct appeal of a first-degree murder conviction and the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.