What’s the Difference Between VUFA 6106, 6108, and 6105 in Pennsylvania?

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

If you’ve been charged with a gun offense in Philadelphia, you may have seen multiple statutes listed on your charging documents. They could include VUFA § 6106, § 6108, and § 6105. These numbers refer to different sections of Pennsylvania’s Uniform Firearms Act, and they carry very different consequences.

Understanding the difference between them is critical to defending your case and protecting your record.

1. 18 Pa.C.S. § 6106 – Carrying a Firearm Without a License
This is the most commonly charged gun offense in Pennsylvania. It makes it a felony to carry a concealed firearm without a valid license outside your home or fixed place of business. It applies to carrying a firearm in a car without a license.

Key facts:
- Charged when someone allegedly possesses a concealed weapon in public or in a car without a license to carry.
- Applies even if the person has no prior record.
- Felony of the third degree unless the person is otherwise eligible to carry a firearm (meaning they do not have any prior record and are not charge with any other crimes). In Philadelphia, it is almost always a felony of the third degree because the defendant will typically be charged with VUFA § 6108 at the same time.

Example: Police find a gun in your waistband during a stop-and-frisk, and you do not have a valid concealed carry license.

2. 18 Pa.C.S. § 6108 – Carrying a Firearm on the Streets of Philadelphia
This statute applies only within the City of Philadelphia. It prohibits carrying a firearm in public without a license. It does not matter if the gun is concealed. It makes open carry without a license illegal in Philadelphia even though open carry is legal in the rest of the state.

Key facts:
- Often charged in addition to VUFA 6106, thereby making § 6106 a felony instead of a misdemeanor.
- Covers walking with a gun on your person in Philly.
- Misdemeanor of the first degree.

Example: Police stop you while walking in North Philadelphia and recover a gun from your jacket. You don’t have a license to carry.

3. 18 Pa.C.S. § 6105 – Persons Not to Possess Firearms
This is the most serious of the three. § 6105 makes it a felony of the first or second degree (depending on whether the gun is physically on you) for certain individuals to possess firearms at all. It is based on prior convictions or legal disqualifications. Most prior felony convictions will cause § 6105 to be graded as a felony, but juvenile adjudications and active PFA orders will typically make it a misdemeanor.

Who’s covered by 6105?
- People with certain felony or misdemeanor convictions
- People subject to active protection from abuse (PFA) orders
- Individuals with certain mental health commitments or juvenile adjudications

Example: You have a felony record and are found in possession of a firearm. You may may be charged with VUFA § 6105 as a felony.

4. Why Are These Charges Often Filed Together?
In Philadelphia, prosecutors frequently charge multiple gun statutes at once even for a single firearm. You might see:
- § 6106 (carrying without a license)
- § 6108 (carrying in public in Philadelphia)
- § 6105 (if you’re legally prohibited)

This approach gives the Commonwealth backup charges if the primary one falls apart at trial or at a suppression hearing.

5. Do These Charges Merge at Sentencing?
Usually, VUFA 6105, 6106, and 6108 do not merge at sentencing because they involve distinct elements. That means a person could theoretically receive consecutive sentences even though all three charges stem from the same conduct and from possession of only one gun.

6. How Do We Defend These Charges?
Defense strategies depend on the facts and the statute:

For 6106 and 6108, we often challenge:
- The legality of the stop or search
- Constructive possession
- Intent or knowledge
- Whether any of the exceptions apply (working as a security guard, hunting, travel to a shooting range, license to carry recently revoked or notice not properly given, etc.)

For 6105, we may:
- Challenge the underlying disqualifying conviction
- Litigate whether the statute applies based on out-of-state priors
- Seek constitutional defenses where appropriate (such as whether the application of the statute is constitutional)
- Many of the same defenses that apply to § 6106 and § 6108 may apply to a § 6105 charge

Facing 6106, 6108, or 6105 Charges? You Need a Targeted Defense.
Every gun statute in Pennsylvania carries different penalties, defenses, and evidentiary issues. At Goldstein Mehta LLC, we understand the nuances of each one—and we’ve beaten them in court through motions to suppress, pretrial litigation, and trial advocacy.

If you’ve been charged with any firearm offense in Philadelphia, call us today for a free consultation. We’ll break down the charges, explore your options, and fight to protect your freedom and your record. Call 267-225-245 for a free criminal defense strategy session and to find out how we can help.

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.