Arrested for Gun Offenses in Philadelphia: How B. Humble Law Beats VUFA Charges

The Short Answer:  Being arrested for a gun offense in Philadelphia usually results in a Violation of the Uniform Firearms Act (VUFA) charge. The District Attorney pursues these cases aggressively, often seeking state prison time. However, a gun charge is not a guaranteed conviction. At B. Humble Law, we beat Philadelphia gun charges by attacking the police’s right to search you, dismantling "constructive possession" arguments, and exposing constitutional violations. If they found the gun illegally, we file a Motion to Suppress to throw the weapon out of court and kill the DA's case.

What Happens When You Are Arrested for Gun Offenses in Philadelphia?

Pennsylvania gun laws are complex, but the rules change the moment you cross the city limits into Philadelphia. The District Attorney typically hits defendants with a combination of three specific VUFA charges to maximize potential prison time:

Section 6105 (Persons Not to Possess)

This is the most severe charge. If you have a prior felony conviction (or certain misdemeanors) and are caught with a firearm, you are facing a massive felony charge.

Section 6106 (Firearms Not to Be Carried Without a License)

This is charged when a person carries a concealed firearm, or a firearm in a vehicle, without a valid permit.

Section 6108 (Carrying Firearms on Public Streets in Philadelphia)

This is a Philadelphia-specific law. While you can generally "open carry" in much of Pennsylvania without a license, doing so in Philadelphia is illegal. The DA tacks this on to almost every gun arrest in the city.

How B. Humble Law Dismantles Gun Charges

The Commonwealth acts like finding a gun guarantees a conviction. They are wrong. B. Humble Law does not plead out cases just because the police put a weapon on the evidence table. We attack the foundation of the arrest using two primary strategies:

1. The Illegal Search (The Motion to Suppress)

This is our most powerful weapon. Philadelphia police are notorious for illegal "stop-and-frisks" and pulling over vehicles without reasonable suspicion.

The 4th Amendment protects you from unreasonable searches. If an officer patted you down without reasonable suspicion or searched your person or vehicle without probable cause or a warrant, they violated your rights. We file a Motion to Suppress on your behalf to expose this violation. If the judge agrees the search was illegal, the gun is thrown out of evidence. Without the gun, the DA has no case, and the charges must be dropped.

2. Defeating "Constructive Possession"

Often, police find a gun under a passenger seat, in a glovebox, or in a room with multiple people, and they simply arrest everybody. This is a common tactic.

To convict you, the DA must prove "Constructive Possession"—meaning they must prove you knew the gun was there and that you had the intent and power to control it. Just being near a gun does not make it yours. We aggressively cross-examine officers and use forensic evidence (like the lack of fingerprints or DNA) to prove the DA cannot tie the weapon directly to you.

Frequently Asked Questions About Philly Gun Arrests

How to beat a gun charge in PA?

You beat a gun charge by attacking the evidence, not by hoping the DA takes pity on you. At B. Humble Law, we beat Violation of the Uniform Firearms Act (VUFA) charges by filing Motions to Suppress if the police found the weapon through an illegal search or traffic stop. If the search was legal, we often attack the concept of "constructive possession," forcing the Commonwealth to prove that the person accused knew about the gun in the first place. 

How much time do you get for a gun charge first-time offender?

The Philadelphia District Attorney’s office prosecutes gun cases aggressively, even for first-time offenders. While there are no longer mandatory minimums for most standard gun possession charges in PA, the sentencing guidelines still often recommend incarceration at a State sentence. Depending on the specific charge and your prior record score, a person could face prison time even if they have never been in trouble before.  Our goal from day one is to get the charges dismissed or reduced to keep you out of a cell.

How much time does a felon get in PA for having a gun?

If you have certain prior convictions, you will likely be charged under Section 6105 (Persons Not to Possess). This is incredibly serious. It is typically graded as a first-degree felony, which carries a maximum penalty of up to 20 years in prison

What is the penalty for carrying a gun without a license in PA?

If you carry a concealed firearm without a valid license, or carry one in your vehicle, you violate Section 6106. This is a third-degree felony carrying up to 7 years in prison. Furthermore, if you are caught carrying a gun anywhere on the public streets of Philadelphia without a license, you also violate Section 6108, which is a first-degree misdemeanor carrying up to 5 years in prison.

What is the Philadelphia Gun Violence Task Force?

The Philadelphia Gun Violence Task Force is a specialized, highly funded collaborative unit between the District Attorney’s Office and the Philadelphia Police Department. Their sole mission is to investigate and aggressively prosecute illegal firearm possession and straw purchases in the city. When you are arrested for a gun in Philly, you are often going up against this specific task force—which is why you need an aggressive criminal defense attorney who refuses to be intimidated by them.

Don't Face the Philadelphia DA Alone

A VUFA conviction will strip away your freedom, and your future ability to own a firearm. The clock is already ticking on your case.

You need a tactical litigator who knows how to step into the Criminal Justice Center and challenge the police narrative. Call B. Humble Law at 215-600-1218 or visit www.bhumblelaw.com immediately. We fight to suppress the evidence and dismantle their charges.