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Experienced Philadelphia Weapons Charge Lawyer | B. Humble Law

For over 25 years, Brian F. Humble has defended Philadelphia residents facing serious firearms accusations. Whether your case involves an alleged illegal stop or complex issues of constructive possession in your home, we provide the aggressive, locally and legally-informed defense necessary to protect your freedom.

Weapons Charges in Philadelphia Carry Serious Consequences

A weapons charge in Philadelphia—whether it is a VUFA violation, an illegal carry charge, or a possession-by-prohibited-person case—is a high-stakes legal crisis. The District Attorney’s office in Philadelphia has made aggressive prosecution of gun crimes a top priority. A conviction doesn't just mean potential prison time; it means losing your Second Amendment rights, facing difficulty with employment, and suffering the collateral consequences of a permanent felony or misdemeanor record. At B. Humble Law, we understand that your rights under the Constitution are not negotiable.

Understanding VUFA: Violation of the Uniform Firearms Act

In Pennsylvania, "weapons charges" are usually codified under the Uniform Firearms Act (VUFA). The specific section you are charged with dictates the severity of the penalties:

  • Section 6105 (Prohibited Persons): This is often the most serious charge, applying to individuals previously convicted of certain crimes, those with active Protection From Abuse (PFA) orders, or others deemed ineligible. It is frequently charged as a second-degree felony, carrying severe mandatory penalties.
     

  • Section 6106 (Carrying Without a License): This makes it illegal to carry a concealed firearm or transport a loaded firearm in a vehicle without a valid License to Carry Firearms (LTCF). It is a major charge, especially if you have prior criminal history.
     

  • Section 6108 (Philadelphia Public Streets): This is a unique Philadelphia ordinance. It makes it illegal to carry a firearm on any public street or public property in the city without a license, even if you are carrying openly. It is a misdemeanor that is frequently used by prosecutors to "stack" charges.

Challenging the Evidence (The "Humble" Defense)

A weapons charge is not a guaranteed conviction. The prosecution must prove not just that you were near a firearm, but that you possessed it. We focus on dismantling their evidence through strategic motions:

  • Fourth Amendment Violations: The most effective defense in Philadelphia weapons cases often happens before the trial even begins. If the police stopped you without reasonable suspicion or searched your car/home without a valid warrant, we will file a Motion to Suppress. If the search was illegal, the weapon is often excluded from the case, leading to dismissal.
     

  • Constructive Possession: Prosecutors often charge everyone in a car or house with possession of a weapon found in a common area. We fight "constructive possession" by demonstrating that you lacked the knowledge of the weapon or the intent to control it.
     

  • Operability Issues: Under PA law, the prosecution must prove the weapon was a functional firearm. We challenge the ballistics evidence if the item in question was an inoperable gun, a replica, or a BB/airsoft gun.
     

  • Self-Defense & Castle Doctrine: If you were carrying or using a firearm to protect yourself or others from a credible threat of bodily injury, Pennsylvania law may justify your actions. We aggressively argue these protections, especially when incidents occur within your home.

Why Choose B. Humble Law?

When you are facing a weapons charge, you need more than just a lawyer; you need a tactical strategist who understands the Philadelphia court system. Brian F. Humble’s philosophy is "Humble but Aggressive." We treat every client with the dignity they deserve while remaining relentless in our pursuit of a dismissal, acquittal, or favorable reduction in charges.

With 25 years of experience in the Pennsylvania criminal justice system, we have seen how these cases are built by the state—and more importantly, how they are beaten. We are intimately familiar with the local judges, prosecutors, and the specific evidentiary hurdles required to win VUFA cases in Philadelphia.

Frequently Asked Questions

1. What is "Constructive Possession"?

Constructive possession is when the state claims you had access to a gun, even if it wasn't in your pocket or waistband. If you were a passenger in a car where a gun was found, or in a room with others, the state must prove you had the intent to control it. Mere proximity is not enough for a conviction.

2. Can a weapons charge be expunged in PA?

Expungement depends on the outcome of your case and your prior record. If we succeed in having your charges dismissed or you are acquitted at trial, you may be eligible to have the arrest records expunged. However, a conviction for a felony VUFA charge can be much harder to remove.

3. What if the police didn't have a warrant?

While police can sometimes search without a warrant under "exigent circumstances" or "plain view," they are bound by strict constitutional limits. If they searched your private property, bag, or person without a valid legal basis, we move to suppress that evidence. No evidence often means no case.

Speak With Brian F. Humble Today

The Commonwealth will not hesitate to use the full weight of the law against you. Do not risk your future, your Second Amendment rights, or your liberty. Early intervention is the most effective way to protect yourself.

Contact B. Humble Law today for a confidential, no-obligation evaluation of your case.

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