Gun crimes in Philadelphia include illegal firearm possession, carrying without a license, using firearms during other offenses, and federal firearms violations prosecuted aggressively by both Philadelphia District Attorney’s Office and federal authorities. Pennsylvania law prohibits firearm possession by convicted felons, domestic violence offenders, and other prohibited persons (18 Pa.C.S. § 6105), while Philadelphia requires licenses to carry for any concealed or vehicle-transported firearms outside homes or businesses. Common gun charges include Possession of Firearm by Prohibited Person (VUFA 6105, 5-10 year mandatory minimum for second offense), Carrying Firearms Without a License (VUFA 6106, up to 5 years), Carrying Firearms on Public Streets in Philadelphia (VUFA 6108, misdemeanor), and federal charges like Felon in Possession (18 U.S.C. § 922(g), up to 10 years, 15-year mandatory minimum for Armed Career Criminal).
DiDonato & Burke Law Firm’s former prosecutors Thomas F. Burke and Dawn DiDonato-Burke leverage their insider knowledge of how both state and federal prosecutors handle gun cases to challenge evidence, suppress illegally obtained firearms, negotiate favorable outcomes, and aggressively defend clients facing gun charges throughout Philadelphia, Bucks County, and Eastern Pennsylvania.
Table of Contents
- Pennsylvania Gun Laws and Philadelphia Restrictions
- Common Gun Crimes Charged in Philadelphia
- Federal Gun Crimes in Philadelphia
- Mandatory Minimum Sentences for Gun Crimes
- Gun Crime Defenses That Work
- How Prosecutors Prove Gun Cases
- Philadelphia Legal Considerations and Gun Court
- Frequently Asked Questions
- Expert Tips from Former Prosecutors
- Conclusion
Pennsylvania Gun Laws and Philadelphia Restrictions
Pennsylvania’s gun laws create a complex framework of regulations that differ significantly within Philadelphia compared to the rest of the state, requiring defendants to understand both statewide provisions and Philadelphia-specific restrictions.
Pennsylvania Uniform Firearms Act (VUFA) Pennsylvania’s primary gun legislation, Title 18 Chapter 61 (Uniform Firearms Act or VUFA), governs firearm possession, carrying, transfer, and use throughout the state. VUFA sections 6101-6127 establish comprehensive regulations including who can possess firearms, licensing requirements for carrying, prohibited activities, and criminal penalties.
Pennsylvania generally allows firearm ownership without permits or registration for individuals who aren’t prohibited persons. However, carrying firearms outside homes or businesses requires License to Carry Firearms (LTCF) issued by county sheriffs or, in Philadelphia, by the Police Department.
Former Philadelphia prosecutor Thomas F. Burke explains that Pennsylvania’s relatively permissive gun laws contrast sharply with Philadelphia’s additional restrictions, creating confusion for gun owners about what’s legal in the city versus suburbs.
Who Cannot Possess Firearms in Pennsylvania 18 Pa.C.S. § 6105 prohibits firearm possession by individuals convicted of enumerated offenses including any felony, certain misdemeanors (assault, terroristic threats, stalking, harassment with physical contact), firearms violations, drug offenses punishable by more than 2 years, and Protection From Abuse (PFA) order violations.
Additional prohibited persons include individuals subject to active PFA orders, convicted of specified drug crimes, adjudicated incompetent or involuntarily committed for mental health treatment, aliens illegally in the United States, and individuals convicted of domestic violence crimes under federal law.
Prohibited person status can be lifetime or temporary depending on offense types. Some prohibitions expire after 10 years, while felony convictions typically result in lifetime firearm prohibitions unless pardoned or expunged.
License to Carry Firearms (LTCF) Pennsylvania requires LTCF for carrying concealed firearms or transporting loaded firearms in vehicles anywhere in the state. Philadelphia extends this requirement to openly carrying firearms on public streets in the city—a restriction not applicable in most Pennsylvania jurisdictions.
LTCF applications are processed by county sheriffs (or Philadelphia Police in Philadelphia County), requiring background checks, fingerprinting, and fees. Licenses are issued to qualified applicants who aren’t prohibited persons and have no disqualifying factors.
Common LTCF denial reasons include prohibited person status, mental health adjudications, pending criminal charges, and character and reputation concerns in Philadelphia (more discretion than suburban counties).
Philadelphia-Specific Gun Restrictions Philadelphia is the only Pennsylvania jurisdiction with additional gun carrying restrictions under 18 Pa.C.S. § 6108. This statute makes carrying firearms on Philadelphia public streets or public property a misdemeanor even for individuals who aren’t concealed carrying, unless they possess valid LTCF.
Section 6108 means Philadelphia residents cannot carry firearms openly on city streets without LTCF, while residents in Pittsburgh, Harrisburg, or suburban Pennsylvania can openly carry without licenses. This creates Philadelphia-specific prosecution that doesn’t occur elsewhere in Pennsylvania.
Dawn DiDonato-Burke’s prosecution experience included numerous Section 6108 cases where defendants legally possessed firearms but carried them on Philadelphia streets without licenses, violating city-specific restrictions they didn’t understand.
Transporting Firearms in Philadelphia Pennsylvania law allows transporting unloaded firearms in vehicles without LTCF if firearms are secured in cases or trunks and separate from ammunition. However, Philadelphia police interpret these provisions strictly, and any deviation can result in charges.
Defendants transporting firearms through Philadelphia to shooting ranges, gun shops, or hunting locations must ensure strict compliance with transportation exceptions to avoid illegal carrying charges.
Federal Gun Law Overlap Federal firearms laws (18 U.S.C. Chapter 44) prohibit firearm possession by convicted felons, domestic violence offenders, drug users, and other categories. Federal and Pennsylvania prohibitions substantially overlap but have important differences in sentencing and prosecution practices.
Many Philadelphia gun crimes can be prosecuted in either state or federal court, with prosecutors exercising discretion about which system charges defendants. Federal gun cases typically involve more severe sentences, particularly mandatory minimums under Armed Career Criminal Act.
Constitutional Considerations The Second Amendment protects the right to keep and bear arms, but Pennsylvania and Philadelphia regulations are generally upheld as constitutional reasonable regulations. Challenges to Philadelphia’s Section 6108 restrictions and Pennsylvania’s prohibited person provisions have largely failed.
However, specific applications of gun laws can violate Fourth Amendment search and seizure protections, providing defense opportunities when firearms are discovered through illegal stops, searches, or seizures.
Understanding Pennsylvania’s gun law framework and Philadelphia’s additional restrictions helps defendants navigate complex regulations and identify potential defenses when charged with gun crimes.
Common Gun Crimes Charged in Philadelphia
Philadelphia prosecutors and police aggressively pursue various gun-related charges under Pennsylvania’s Uniform Firearms Act, with certain offenses carrying mandatory minimum sentences that dramatically affect case outcomes.
Possession of Firearm by Prohibited Person (VUFA 6105) 18 Pa.C.S. § 6105 criminalizes firearm possession by prohibited persons—individuals with disqualifying criminal convictions, Protection From Abuse orders, mental health adjudications, or other prohibiting factors. This is Philadelphia’s most commonly charged serious gun offense.
First-offense VUFA 6105 violations are second-degree felonies carrying up to 10 years imprisonment. More significantly, second and subsequent VUFA 6105 convictions within specified timeframes carry mandatory minimum sentences: second offense within 15 years requires 5-year mandatory minimum, subsequent offenses require 10-year mandatory minimum.
Former prosecutor Thomas F. Burke notes that mandatory minimums make VUFA 6105 second offenses extremely serious—judges cannot impose sentences below 5 years regardless of circumstances. This creates enormous pressure on defendants to avoid second convictions.
Philadelphia prosecutors prove VUFA 6105 cases by establishing defendants possessed firearms (actual or constructive possession) and defendants were prohibited persons at possession time. Prohibited status is typically proven through certified prior conviction records.
Carrying Firearms Without License (VUFA 6106) 18 Pa.C.S. § 6106 criminalizes carrying concealed firearms or loaded firearms in vehicles without valid License to Carry Firearms. This first-degree misdemeanor carries up to 5 years imprisonment and is frequently charged in Philadelphia traffic stops and street encounters.
Section 6106 violations occur when Philadelphia police discover firearms during traffic stops, stop-and-frisk encounters, or investigations. Defendants often possess firearms legally (not prohibited persons) but lack required carrying licenses, resulting in criminal charges for otherwise lawful gun ownership.
Defenses include proving defendants possessed valid LTCF at arrest time, firearms weren’t loaded or concealed, defendants were transporting firearms lawfully under exceptions, or searches violating Fourth Amendment discovered firearms.
Carrying Firearms on Public Streets in Philadelphia (VUFA 6108) 18 Pa.C.S. § 6108 uniquely criminalizes carrying firearms on Philadelphia public streets or public property without LTCF, even when carried openly. This third-degree misdemeanor (maximum 1 year) is Philadelphia-specific and doesn’t apply in other Pennsylvania jurisdictions.
Section 6108 creates situations where conduct legal elsewhere in Pennsylvania is criminal in Philadelphia. Residents carrying firearms openly on Pittsburgh or Harrisburg streets commit no crime, while identical conduct in Philadelphia results in criminal charges.
Philadelphia police frequently charge Section 6108 violations during street encounters where defendants carry firearms openly or in waistbands without concealment. These cases often involve defendants unaware of Philadelphia’s unique carrying restrictions.
Firearms Not to Be Carried Without License (VUFA 6106.1) 18 Pa.C.S. § 6106.1 prohibits carrying certain firearms including those with obliterated serial numbers, altered firearms, or firearms designed to shoot automatically. This section also applies to carrying firearms by minors under 18 without adult supervision.
These charges arise less frequently than standard carrying violations but represent serious offenses with enhanced penalties.
Possession of Firearm with Altered Manufacturer’s Number 18 Pa.C.S. § 6110.2 criminalizes possessing firearms with removed, altered, or obliterated serial numbers. This second-degree felony reflects legislative concern about untraceable firearms used in crimes.
Philadelphia police frequently discover obliterated serial number firearms during investigations, resulting in charges independent of other gun violations. Prosecutors argue obliterated numbers show criminal intent to conceal firearm origins.
Possession of Firearm by Minor Pennsylvania restricts firearm possession by individuals under 18 except under adult supervision for lawful purposes. Violations constitute serious offenses, though juvenile court typically handles these cases for defendants under 18.
Philadelphia sees numerous cases where juveniles possess firearms during street encounters, leading to delinquency adjudications or, for older juveniles charged as adults, adult convictions with substantial sentencing consequences.
Carrying Firearms During Commission of Other Offenses When defendants commit crimes while possessing firearms, prosecutors often charge separate gun violations alongside underlying offenses. Drug trafficking with firearms, robberies with guns, and assaults involving firearms result in multiple charges with potentially consecutive sentences.
Pennsylvania sentencing guidelines include enhancements for firearm possession during offense commission, and judges can impose consecutive sentences for gun charges and underlying crimes.
Persons Not to Possess Firearms (Prohibited Acts) Additional Pennsylvania statutes prohibit specific firearm-related conduct including selling or transferring firearms to prohibited persons, straw purchasing (buying firearms for prohibited persons), possessing firearms while under influence, and discharging firearms within municipalities.
These violations occur less frequently than core possession and carrying offenses but represent serious criminal conduct when charged.
Dawn DiDonato-Burke’s prosecution experience revealed that Philadelphia gun prosecutions often stack multiple charges for single incidents—defendants discovered with firearms may face VUFA 6105 (prohibited person), 6106 (no license), 6108 (carrying on streets), and 6110.2 (obliterated serial numbers) simultaneously, creating severe cumulative sentencing exposure.
Federal Gun Crimes in Philadelphia
Federal firearms prosecutions in Philadelphia through U.S. Attorney’s Office Eastern District of Pennsylvania often carry more severe penalties than state cases, including lengthy mandatory minimum sentences and federal sentencing guideline enhancements.
Felon in Possession of Firearm (18 U.S.C. § 922(g)) Federal law prohibits firearm possession by convicted felons, domestic violence misdemeanants, drug users, individuals under indictment, fugitives, individuals with mental health adjudications, illegal aliens, dishonorably discharged military members, individuals who renounced citizenship, and individuals subject to qualifying restraining orders.
Section 922(g)(1)—felon in possession—is the most frequently charged federal gun crime in Philadelphia. Maximum sentence is 10 years, but Armed Career Criminal Act (ACCA) enhances this to 15-year mandatory minimum for defendants with three prior violent felony or serious drug offense convictions.
Former prosecutor Thomas F. Burke explains that federal prosecutors target repeat offenders with multiple felony convictions for 922(g) prosecution specifically to trigger ACCA mandatory minimums. Defendants with clean records or minimal criminal history typically remain in state court.
Federal felon in possession cases require proving defendants were convicted of felonies punishable by more than one year imprisonment, defendants knowingly possessed firearms, and possession affected interstate commerce (easily established since virtually all firearms traveled in interstate commerce).
Using or Carrying Firearms During Drug Trafficking or Violent Crimes (18 U.S.C. § 924(c)) Section 924(c) criminalizes using or carrying firearms during drug trafficking crimes or crimes of violence. This charge carries mandatory minimum sentences: 5 years for carrying, 7 years for brandishing, and 10 years for discharging firearms, running consecutive to underlying offense sentences.
Second or subsequent 924(c) convictions carry 25-year mandatory minimums, creating devastating cumulative sentences. Philadelphia federal drug trafficking prosecutions frequently include 924(c) charges when firearms are discovered with drugs.
Prosecutors must prove defendants committed predicate drug trafficking or violent crimes, defendants carried or used firearms in furtherance of those crimes, and defendants acted knowingly. “Furtherance” requires connection between firearms and criminal activity.
Straw Purchasing and False Statements (18 U.S.C. §§ 922(a)(6), 924(a)(1)(A)) Federal law criminalizes making false statements on firearm purchase forms (ATF Form 4473) including lying about criminal history, drug use, or buying for prohibited persons. Straw purchasing—buying firearms for individuals who cannot legally purchase them—violates federal law even when purchasers aren’t prohibited persons themselves.
Philadelphia federal prosecutors pursue straw purchase cases when investigations reveal individuals buying multiple firearms subsequently recovered in crimes. These cases often involve cooperating witnesses testifying about straw purchase arrangements.
Trafficking in Firearms Without License (18 U.S.C. § 922(a)(1)(A)) Engaging in firearms dealing business without Federal Firearms License (FFL) violates federal law. Philadelphia sees prosecutions of individuals selling firearms from homes or streets without proper licensing, particularly when firearms sold are later recovered in crimes.
Prosecutors must prove defendants engaged in regular business of buying and selling firearms to generate profit, not merely occasional sales from personal collections.
Possession of Stolen Firearms (18 U.S.C. § 922(j)) Possessing firearms knowing they were stolen violates federal law. Philadelphia federal cases sometimes charge stolen firearm possession when investigations reveal firearms were stolen from legitimate owners and defendants knew of stolen status.
Knowledge of stolen status must be proven—mere possession of stolen firearms without knowledge doesn’t violate this statute, though it may violate state receiving stolen property laws.
Armed Career Criminal Act (ACCA) Enhancements 18 U.S.C. § 924(e) mandates 15-year minimum sentences for defendants convicted of felon in possession with three prior violent felony or serious drug offense convictions. ACCA dramatically increases federal gun crime sentences and drives many federal prosecution decisions.
Philadelphia federal prosecutors review defendants’ criminal histories to identify ACCA-eligible cases, prioritizing these defendants for federal prosecution over state court where sentences would be substantially lower.
ACCA’s “violent felony” and “serious drug offense” definitions have been subject to extensive litigation, with Supreme Court decisions narrowing qualifying predicate offenses. Defense counsel must carefully analyze whether prior convictions truly qualify as ACCA predicates.
Project Safe Neighborhoods Federal and local Philadelphia law enforcement coordinate through Project Safe Neighborhoods targeting gun violence. This initiative funnels serious gun cases with repeat offenders to federal court for enhanced prosecution and mandatory minimum sentences.
Understanding federal gun crime exposure helps defendants and counsel evaluate whether cases are likely to be adopted federally and develop strategies addressing both state and federal prosecution possibilities.
Mandatory Minimum Sentences for Gun Crimes
Mandatory minimum sentences for gun crimes in Pennsylvania and federal court dramatically affect case outcomes by eliminating judicial sentencing discretion and guaranteeing substantial imprisonment upon conviction.
Pennsylvania Mandatory Minimums Pennsylvania’s primary gun crime mandatory minimums apply to violations of 18 Pa.C.S. § 6105 (Possession of Firearm by Prohibited Person). First offenses don’t carry mandatory minimums, but subsequent offenses do: second VUFA 6105 conviction within 15 years of first requires 5-year mandatory minimum, third and subsequent VUFA 6105 convictions require 10-year mandatory minimum.
These mandatories apply regardless of circumstances—judges cannot impose shorter sentences even with compelling mitigation. Parole eligibility doesn’t begin until mandatory minimums are served.
Former prosecutor Dawn DiDonato-Burke notes that second VUFA 6105 mandatory minimums create enormous pressure on defendants to avoid conviction because even first-time offenders can receive probation, while second offenders face guaranteed 5-year imprisonment.
Pennsylvania Sentencing Enhancement for Firearm Use Pennsylvania sentencing guidelines include enhancements when defendants possessed firearms during offense commission. While not technically mandatory minimums, these enhancements substantially increase recommended sentence ranges.
Courts can also impose consecutive sentences for gun charges and underlying offenses, effectively creating substantial minimum sentences through sentencing structure rather than statutory mandates.
Federal Mandatory Minimums for Gun Crimes Federal gun crimes carry several mandatory minimum sentence provisions that dwarf Pennsylvania minimums in severity.
Armed Career Criminal Act (ACCA) 18 U.S.C. § 924(e) mandates 15-year minimum sentences for defendants convicted of felon in possession (922(g)) with three prior violent felony or serious drug offense convictions. This massive mandatory minimum drives federal prosecution decisions in Philadelphia.
ACCA has been narrowed through Supreme Court decisions including Johnson v. United States (voiding residual clause) and subsequent cases limiting qualifying predicates. However, many Philadelphia defendants with extensive criminal histories still face ACCA exposure.
Defendants subject to ACCA face 15-year minimums compared to 5-10 year Pennsylvania mandatories for comparable conduct, making federal-versus-state prosecution determination critical.
Section 924(c) Consecutive Mandatories Using or carrying firearms during drug trafficking or crimes of violence carries mandatory minimums: 5 years for possession, 7 years for brandishing, 10 years for discharge, running consecutive to underlying offense sentences.
Second or subsequent 924(c) convictions carry 25-year mandatory minimums running consecutive. This creates “stacking” where multiple 924(c) charges in single prosecutions can result in decades of mandatory consecutive imprisonment.
Philadelphia federal drug cases frequently include 924(c) charges when defendants possessed firearms with drugs, creating mandatory minimums atop drug trafficking sentences.
Career Offender Guidelines Federal sentencing guidelines classify defendants as “career offenders” when convicted of firearms offenses (or drug trafficking/crimes of violence) with two prior violent felony or drug trafficking convictions. Career offender status dramatically increases guideline sentencing ranges even without statutory mandatory minimums.
Philadelphia Prosecution Priorities and Mandatories Philadelphia District Attorney’s Office and federal prosecutors use mandatory minimums strategically. Prosecutors threaten mandatory minimum exposure to pressure guilty pleas, charge second VUFA 6105 offenses to guarantee imprisonment, and refer ACCA-eligible defendants to federal court for enhanced sentences.
Former prosecutor Thomas F. Burke explains that mandatory minimum threats during plea negotiations are real—prosecutors know defendants facing guaranteed 5, 10, or 15-year sentences will seriously consider plea agreements avoiding mandatories.
Avoiding Mandatory Minimums Through Defense Defendants can avoid mandatory minimums through case dismissal or acquittal at trial, charge reduction through negotiation (first VUFA 6105 to carrying without license), challenging prior convictions used for sentencing enhancement, and federal substantial assistance departures (cooperation allowing sentences below mandatories).
Successfully avoiding mandatory minimums requires experienced counsel understanding both legal requirements for enhancements and negotiation strategies with prosecutors. Former prosecutor knowledge of how mandatory minimums are applied helps develop effective avoidance strategies.
Collateral Consequences of Mandatory Minimums Beyond imprisonment, mandatory minimums create collateral consequences including lifetime felon status (for defendants without prior felonies), firearm prohibition permanence, and parole ineligibility until mandatory minimums are served.
Understanding mandatory minimum exposure is crucial for evaluating plea offers, cooperation opportunities, and trial strategies in Philadelphia gun cases.
Gun Crime Defenses That Work
Effective gun crime defenses in Philadelphia require challenging every element of prosecution cases, from possession proof to constitutional violations during searches and seizures. Former prosecutors understand which defenses succeed versus theoretical arguments that fail.
Fourth Amendment Search and Seizure Challenges The most successful gun crime defense involves challenging how police discovered firearms. Pennsylvania and federal courts suppress illegally obtained evidence, and firearms discovered through constitutional violations cannot be used at trial.
Common Fourth Amendment challenges include illegal traffic stops without reasonable suspicion or probable cause, unconstitutional stop-and-frisk without reasonable suspicion of criminal activity, searches exceeding consent scope, warrantless searches without valid exceptions, and prolonged detentions beyond stop justification.
Former prosecutor Thomas F. Burke emphasizes that Philadelphia gun cases frequently involve questionable stops and searches. Police sometimes claim “furtive movements” or “high crime areas” as justification for stops that don’t meet constitutional standards.
Successful suppression motions require analyzing police reports for inconsistencies, obtaining dashcam or body camera footage contradicting police testimony, demonstrating officers lacked reasonable suspicion or probable cause, and establishing searches exceeded constitutional bounds.
Constructive Possession Challenges Many Philadelphia gun cases involve “constructive possession”—defendants didn’t have firearms on their persons but prosecutors argue they exercised control over firearms found in vehicles, homes, or near defendants.
Constructive possession requires proving defendants knew firearms were present, had ability to control firearms, and intended to exercise control. Defense challenges include proving multiple people had equal access to firearms, demonstrating lack of knowledge about firearms’ presence, showing other individuals possessed firearms, and establishing insufficient connection between defendants and firearms.
Philadelphia prosecutors often charge all vehicle occupants with gun possession when firearms are discovered in cars, but successful defenses demonstrate only some occupants possessed firearms.
Challenging Prohibited Person Status VUFA 6105 prosecutions require proving defendants were prohibited persons. Defense strategies include challenging whether prior convictions qualify as prohibiting offenses, demonstrating prohibitions expired under 10-year provisions, proving convictions were expunged or pardoned, and establishing defendants weren’t convicted of qualifying offenses.
Pennsylvania’s prohibited person statute includes specific offense categories, and some convictions defendants believe prohibit them actually don’t meet statutory requirements. Careful analysis of prior conviction records sometimes reveals defendants aren’t prohibited persons.
Lack of Knowledge Defenses Philadelphia gun crime convictions require proving defendants knowingly possessed firearms. Lack of knowledge defenses argue defendants didn’t know firearms were present or didn’t know they were prohibited from possessing firearms.
These defenses work when firearms were hidden in vehicles defendants didn’t own, firearms belonged to other household members, or defendants recently moved to locations where firearms were found. However, “I didn’t know” alone isn’t sufficient—defendants must present credible evidence supporting lack of knowledge.
Temporary Possession Defenses Pennsylvania recognizes limited temporary possession defenses when defendants possessed firearms briefly to prevent harm or secure them. Example scenarios include finding firearms and immediately securing them for police disposal, taking firearms from individuals threatening violence, or briefly handling firearms at gun ranges or shops.
These defenses require proving possession was truly temporary, defendants intended to dispose of firearms properly, no criminal purpose existed, and possession duration was minimal.
Statute of Limitations Most Pennsylvania gun crimes have 2-year statutes of limitations (5 years for felonies). Defense may argue prosecutions are time-barred when significant delays occurred between alleged offenses and charges.
However, limitations periods begin when offenses were committed, not when discovered, and certain conduct tolls limitations periods. These defenses are rare in gun cases prosecuted promptly after discovery.
Challenging Firearm Operability Pennsylvania gun statutes apply to “firearms”—weapons capable of expelling projectiles. Defense sometimes argues objects weren’t functional firearms, such as non-functioning guns without firing pins, antique firearms not qualifying as modern firearms, or realistic replicas mistaken for real firearms.
Prosecution must prove firearms were operable at offense time. Philadelphia Police Firearms Identification Unit tests recovered firearms, but defense experts can challenge testing procedures or results.
Consent and Third-Party Possession Defense sometimes argues firearms belonged to other individuals who gave defendants permission to possess them or were possessed by third parties, not defendants. These defenses require credible evidence supporting third-party ownership and control.
Challenging License Revocations When defendants possessed License to Carry Firearms that were subsequently revoked, defense may argue invalid revocation procedures, lack of notice about revocation, or improper revocation grounds.
Philadelphia Police sometimes revoke LTCF without proper notice, creating defenses when defendants possessed firearms believing their licenses remained valid.
Dawn DiDonato-Burke’s prosecution experience helps identify which defenses have merit in specific cases versus which arguments courts reject, ensuring clients pursue effective strategies rather than wasting resources on unsuccessful approaches.
How Prosecutors Prove Gun Cases
Understanding how Philadelphia prosecutors build and prove gun cases helps defense counsel identify weaknesses and develop effective counterstrategi es. Former prosecutor Thomas F. Burke explains Philadelphia’s gun prosecution methods based on over a decade prosecuting criminal cases.
Establishing Possession Gun crime prosecutions require proving defendants possessed firearms. Possession can be actual (firearms on defendants’ persons) or constructive (firearms within defendants’ control).
Philadelphia prosecutors prove actual possession through officer testimony about discovering firearms on defendants, video evidence showing defendants with firearms, and defendants’ statements admitting possession.
Constructive possession requires additional proof including defendants’ proximity to firearms, evidence of defendants’ control over locations where firearms were found, witnesses testifying about defendants’ access to firearms, and defendants’ knowledge of firearms’ presence.
Proving Prohibited Person Status VUFA 6105 prosecutions require establishing defendants were prohibited persons when they possessed firearms. Philadelphia prosecutors obtain certified conviction records showing prior qualifying convictions, Protection From Abuse order records, mental health adjudication documentation, and immigration status evidence.
These records are typically introduced through court clerk testimony or records custodian testimony establishing authentication. Defense must carefully review certified records for accuracy since errors sometimes occur in criminal history databases.
Demonstrating Firearm Functionality Prosecutors must prove objects were functional firearms, not realistic replicas or disabled weapons. Philadelphia Police Firearms Identification Unit conducts functionality testing, with firearms examiners testifying about testing results.
Examiners test whether firearms can fire, have rifled barrels (making them firearms versus antiques), and meet statutory firearm definitions. Defense experts can challenge testing methodology, equipment calibration, or examiner qualifications.
Evidence of Carrying Without License VUFA 6106 and 6108 prosecutions require proving defendants carried firearms without valid License to Carry Firearms. Philadelphia prosecutors obtain records from Philadelphia Police License Unit or Pennsylvania State Police showing no valid license existed at arrest time.
Defense must verify license status carefully—sometimes valid licenses exist but aren’t immediately discovered by prosecutors, or licenses were suspended without proper notice.
Linking Firearms to Defendants When multiple people are present where firearms are found, Philadelphia prosecutors establish specific defendants’ possession through DNA or fingerprint evidence connecting defendants to firearms, witness testimony about who possessed firearms, statements by co-defendants or cooperators, and video or photographic evidence showing defendants with firearms.
Cases with multiple defendants require prosecutors to prove individual possession rather than merely firearms’ presence in shared spaces.
Expert Testimony Gun prosecutions involve expert testimony from firearm examiners testing functionality and operability, ballistics experts connecting firearms to crimes, forensic scientists analyzing DNA or fingerprints on firearms, and Pennsylvania State Police witnesses authenticating license records.
Defense counsel must be prepared to cross-examine experts about testing protocols, error rates, qualifications, and alternative interpretations of findings.
Surveillance and Physical Evidence Philadelphia gun prosecutions increasingly rely on surveillance footage from security cameras, police body cameras and dashcams, and pole cameras in high-crime areas. This footage often shows defendants possessing firearms, providing powerful prosecution evidence.
Physical evidence includes recovered firearms, ammunition, holsters, gun cases, and firearms packaging connecting defendants to gun possession.
Cooperating Witness Testimony Some Philadelphia gun cases involve cooperating witnesses—often co-defendants who accepted plea agreements requiring testimony. These witnesses provide direct testimony about defendants’ firearm possession, though credibility challenges are common given their motivations to cooperate.
Circumstantial Evidence of Possession When direct evidence is lacking, Philadelphia prosecutors use circumstantial evidence including text messages discussing firearms, social media posts showing defendants with guns, firearm purchase records, and evidence of firearms training or range use.
Former prosecutor Dawn DiDonato-Burke notes that circumstantial evidence cases are weaker than cases with direct possession evidence, creating defense opportunities but not guaranteeing acquittal.
Challenging Prosecution Evidence Effective defense requires attacking each evidence category through Fourth Amendment challenges to evidence discovery, expert witness challenges to testing or methodology, credibility challenges to cooperating witnesses, authentication challenges to records and documents, and reasonable doubt arguments about possession proof.
Understanding prosecution evidence-building helps defense counsel identify weaknesses early and develop comprehensive defense strategies.
Philadelphia Legal Considerations and Gun Court
Philadelphia’s gun crime prosecution system includes unique local features, specialized courts, and law enforcement priorities that significantly affect how cases proceed from arrest through resolution.
Philadelphia Gun Court Philadelphia Court of Common Pleas operates a specialized gun court dedicated to expedited processing of firearms cases. Gun court features judges specializing in firearms cases, streamlined procedures for gun prosecutions, prosecution and defense counsel experienced in gun cases, and emphasis on swift case resolution.
Gun court was designed to reduce case processing time and ensure consistent handling of firearms offenses. Cases move more quickly through gun court than general criminal divisions.
Former prosecutor Thomas F. Burke explains that gun court judges have extensive experience with firearms cases and typically take gun crimes seriously, resulting in limited patience for weak defenses but also sophisticated understanding of legitimate constitutional challenges.
Philadelphia District Attorney Gun Violence Task Force Philadelphia DA’s Office maintains a Gun Violence Task Force prioritizing firearms prosecutions. This unit handles serious gun cases including shootings, illegal gun trafficking, repeat firearms offenders, and cases involving ghost guns or modified firearms.
The task force coordinates with Philadelphia Police Department’s gun violence reduction initiatives and federal authorities when cases warrant federal prosecution.
Philadelphia Police Firearm Investigations Philadelphia Police dedicate substantial resources to gun crime investigations including Firearms Investigation Unit processing recovered guns, gun tracing through ATF databases, ballistics testing connecting firearms to crimes, and surveillance operations targeting illegal gun trafficking.
Philadelphia police aggressively pursue gun cases due to city’s gun violence concerns, resulting in high arrest rates for firearms offenses.
Federal-State Coordination Philadelphia features close coordination between state prosecutors and U.S. Attorney’s Office Eastern District of Pennsylvania for gun case prosecution. Cases with ACCA exposure, federal firearms trafficking, or interstate gun trafficking typically proceed federally.
Understanding federal adoption likelihood helps counsel advise clients about potential federal exposure when initially charged in state court.
Pennsylvania Instant Check System (PICS) Pennsylvania’s background check system maintains records of firearm purchase denials and approved transactions. Prosecutors access PICS data when investigating straw purchases, prohibited person violations, or tracking firearm sources.
PICS records show when defendants attempted to purchase firearms illegally or when purchases were made that later involved criminal activity.
Bail Considerations for Gun Cases Philadelphia’s recent bail reforms haven’t substantially affected serious gun cases. Judges typically impose significant bail for prohibited person violations, particularly defendants with violent criminal histories.
Gun cases involving shootings or use during other crimes typically result in high bail or detention pending trial.
Philadelphia Firearms Surrender Procedures When defendants become prohibited persons through PFA orders or new convictions, they must surrender firearms to police within specified timeframes. Failure to surrender results in additional criminal charges.
Defense counsel must ensure clients comply with surrender requirements to avoid additional legal problems.
ATF Coordination and Gun Tracing Philadelphia works extensively with Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for gun tracing, firearms trafficking investigations, and prosecuting federal firearms offenses.
ATF traces recovered firearms to original purchasers, identifying potential straw purchasers or gun traffickers. This information drives both state and federal prosecutions.
Philadelphia Gun Violence Statistics Philadelphia has experienced persistent gun violence problems, with hundreds of shooting victims annually. This violence drives aggressive gun crime prosecution, reduced plea negotiation flexibility, and political pressure for harsh sentences.
Understanding Philadelphia’s gun violence context helps defense counsel present cases effectively while acknowledging legitimate public safety concerns.
Sentencing Trends in Philadelphia Gun Cases Philadelphia judges generally impose substantial sentences for serious gun crimes, particularly prohibited person violations by repeat offenders. However, first-time offenders with minimal criminal history sometimes receive probationary sentences for carrying without license violations.
Former prosecutor Burke’s experience before Philadelphia judges helps anticipate likely sentences and develop effective sentencing advocacy.
Collateral Consequences Philadelphia gun crime convictions carry significant collateral consequences including permanent firearm prohibitions (cannot possess firearms even after sentence completion), professional license impacts (particularly law enforcement, security), employment consequences (felony convictions limit opportunities), and federal firearms prohibitions potentially exceeding Pennsylvania prohibitions.
Understanding Philadelphia’s comprehensive gun prosecution system helps defendants and counsel navigate cases effectively from arrest through sentencing and beyond.
Frequently Asked Questions
What guns are illegal in Philadelphia? Philadelphia doesn’t ban specific gun types beyond Pennsylvania law. However, carrying any firearm on Philadelphia public streets without License to Carry Firearms is illegal under 18 Pa.C.S. § 6108—a restriction unique to Philadelphia. Prohibited persons (convicted felons, domestic violence offenders, individuals under PFA orders) cannot possess any firearms in Philadelphia or anywhere in Pennsylvania. Firearms with obliterated serial numbers are illegal everywhere. Pennsylvania bans certain weapons like short-barrel shotguns without federal permits. Former prosecutor Thomas F. Burke can evaluate whether specific firearms or carrying situations violate Philadelphia law.
Can I carry a gun in Philadelphia with a Pennsylvania license? Yes, valid Pennsylvania License to Carry Firearms (LTCF) allows carrying loaded firearms concealed or in vehicles, and openly on Philadelphia streets (Section 6108 exemption). LTCF must be current and not revoked. Philadelphia Police issue LTCF for city residents, while county sheriffs issue licenses for residents of other Pennsylvania counties. Reciprocity with other states’ permits is limited—many states’ licenses aren’t recognized in Pennsylvania. Verify license validity and understand carrying restrictions before carrying in Philadelphia.
What is the penalty for illegal gun possession in Philadelphia? Penalties vary by offense: Possession of Firearm by Prohibited Person (VUFA 6105) is second-degree felony with up to 10 years imprisonment; second offense within 15 years carries 5-year mandatory minimum; third offense carries 10-year mandatory minimum. Carrying Without License (VUFA 6106) is first-degree misdemeanor with up to 5 years. Carrying on Philadelphia Streets (VUFA 6108) is third-degree misdemeanor with maximum 1 year. Federal felon in possession carries up to 10 years, or 15-year mandatory minimum under Armed Career Criminal Act for defendants with qualifying prior convictions.
Can Philadelphia police search my car for guns? Philadelphia police need probable cause or consent to search vehicles for firearms. Simply being in “high crime area” or nervous during traffic stop doesn’t justify searches. However, if officers observe firearms in plain view, smell marijuana, or have probable cause to believe contraband exists, they can search without consent. Consent searches are legal if truly voluntary—you can refuse consent to vehicle searches. Former prosecutor Dawn DiDonato-Burke helps evaluate whether vehicle searches were constitutional and whether firearms evidence should be suppressed.
What happens if I’m caught with a gun in Philadelphia? You’ll likely be arrested and charged with appropriate firearms violations based on circumstances: prohibited person status, license possession, location of arrest, and firearm characteristics. Philadelphia police will confiscate firearms and test them for functionality and connection to other crimes. You’ll be processed at Police Administration Building, arraigned within 72 hours, and face bail determination. Contact DiDonato & Burke Law Firm immediately at (215) 567-1248—former prosecutors can intervene early to protect rights and begin defense preparation.
Can I get probation for gun charges in Philadelphia? First-time offenders charged with carrying without license (VUFA 6106 or 6108) sometimes receive probation, particularly with strong mitigation and no criminal history. However, prohibited person violations (VUFA 6105) typically result in incarceration even for first offenses, and second offenses carry mandatory 5-year minimum prison sentences. Federal gun cases rarely result in probation. Sentences depend on criminal history, offense circumstances, and whether mandatory minimums apply. Former prosecutor experience helps negotiate probation when possible and minimize incarceration when not.
Are ghost guns illegal in Philadelphia? Unserialized firearms (“ghost guns”) built from parts aren’t specifically banned under Pennsylvania law for individuals who can legally possess firearms. However, possessing firearms with obliterated or removed serial numbers violates 18 Pa.C.S. § 6110.2. Ghost guns possessed by prohibited persons violate VUFA 6105. Federal regulations increasingly restrict ghost gun manufacturing and possession. Philadelphia police and prosecutors aggressively pursue ghost gun cases due to concerns about untraceable firearms.
Can gun charges be dropped in Philadelphia? Gun charges can be dismissed through successful suppression motions excluding illegally obtained evidence, lack of evidence proving possession or prohibited status, constitutional violations during arrest or prosecution, or favorable plea negotiations. However, Philadelphia prosecutors rarely dismiss gun cases without substantial legal reasons given city’s gun violence concerns. Former prosecutor Thomas F. Burke’s experience identifying case weaknesses and challenging evidence helps achieve dismissals when warranted.
What is Project Safe Neighborhoods? Project Safe Neighborhoods is federal-local partnership targeting gun violence through aggressive prosecution of firearms offenders in federal court. Philadelphia participates extensively, with U.S. Attorney’s Office adopting cases involving repeat offenders, defendants with Armed Career Criminal Act exposure, firearms trafficking, and guns used in violent crimes. Federal prosecution typically results in longer sentences than state court. Understanding Project Safe Neighborhoods helps evaluate federal prosecution risk.
Can I get my gun back after charges are dropped? If gun charges are dismissed or you’re acquitted, you can petition for firearm return if you’re not a prohibited person. However, Philadelphia police sometimes refuse to return firearms even after favorable case outcomes, requiring court orders for return. Firearms used in crimes or with obliterated serial numbers may be forfeited regardless of case outcome. If you’re prohibited person, firearms cannot be returned and will be destroyed.
Do I need a license to keep a gun in my home in Philadelphia? No, License to Carry Firearms isn’t required to keep firearms in your home or business in Philadelphia if you’re not a prohibited person. Pennsylvania allows firearm ownership without licensing or registration. However, carrying firearms outside home or business requires LTCF, and Philadelphia’s Section 6108 makes carrying on city streets without license illegal even when carried openly. Home possession is legal without licensing for eligible individuals.
What if I didn’t know I was a prohibited person? Lack of knowledge about prohibited status isn’t a defense to VUFA 6105 charges—prosecutors must prove you knowingly possessed firearms but don’t need to prove you knew you were prohibited. However, reasonable lack of knowledge sometimes affects plea negotiations and sentencing. If you genuinely didn’t know about prohibiting convictions or PFA orders, experienced counsel can present this mitigation effectively. Former prosecutors understand how to frame lack of knowledge arguments persuasively.
Expert Tips from Former Prosecutors
Thomas F. Burke and Dawn DiDonato-Burke’s combined prosecution experience provides unique insights into Philadelphia gun crime defense that attorneys without prosecution backgrounds cannot match.
Understanding Philadelphia Gun Prosecution Priorities Former prosecutor Thomas F. Burke explains that Philadelphia prosecutors prioritize certain gun cases over others including repeat offenders with multiple prior gun convictions, prohibited persons with violent criminal histories, firearms used in shootings or other violent crimes, and ghost guns or firearms with obliterated serial numbers.
First-time offenders charged with simple carrying without license violations receive more favorable treatment than repeat prohibited persons. Understanding prosecutorial priorities helps frame cases for optimal negotiation outcomes.
Recognizing Federal Adoption Indicators Philadelphia gun cases sometimes transfer to federal court for enhanced prosecution. Burke identifies federal adoption indicators including defendants with three or more prior violent felonies or serious drug offenses (ACCA exposure), firearms with obliterated serial numbers or modified characteristics, cases involving firearms trafficking or straw purchases, and guns used during federal drug trafficking investigations.
When federal adoption seems likely, defense strategies must account for federal mandatory minimums and sentencing guidelines from case inception.
Challenging Vehicle Searches Effectively Many Philadelphia gun cases arise from vehicle searches during traffic stops. Former prosecutor Dawn DiDonato-Burke explains that successful challenges require obtaining dashcam and body camera footage, analyzing whether stops had valid legal bases, determining whether searches exceeded consent scope, evaluating whether “probable cause” claims were legitimate, and identifying inconsistencies between police reports and video evidence.
Philadelphia police sometimes claim “odor of marijuana” as vehicle search justification, but recent marijuana decriminalization makes these claims more challengeable.
Leveraging Constructive Possession Weaknesses Philadelphia prosecutors often charge all vehicle occupants with firearm possession when guns are discovered in cars. Burke notes these cases have inherent weaknesses because mere presence in vehicle with firearm doesn’t prove possession, multiple occupants create reasonable doubt about who possessed firearms, and prosecutors must prove knowledge and intent to exercise control.
Defense can argue other occupants possessed firearms, defendants didn’t know firearms were present, or defendants lacked access to areas where firearms were found.
Negotiating Around Mandatory Minimums Second VUFA 6105 offenses carry 5-year mandatory minimums that judges cannot reduce. Former prosecutors understand strategies for avoiding these mandatories including challenging whether prior convictions qualify as first VUFA 6105 offenses, negotiating to other gun charges without mandatory minimums, pursuing cooperation agreements allowing departures below mandatories (federal), and demonstrating defendants weren’t prohibited persons.
Successfully avoiding mandatory minimums requires careful prior conviction analysis and creative negotiation.
Understanding Philadelphia Gun Court Culture Philadelphia gun court judges have extensive firearms case experience and generally impose substantial sentences for serious violations. However, Burke explains they’re also sophisticated about constitutional issues and receptive to legitimate Fourth Amendment challenges.
Gun court requires focused, well-prepared advocacy rather than generic defense approaches. Former prosecutors understand what arguments gun court judges find persuasive versus what they’ve heard repeatedly and dismiss.
Evaluating Cooperation Opportunities Philadelphia gun defendants sometimes have information valuable to larger investigations about firearms sources, drug trafficking organizations using guns, or violent crime participants. Cooperation can result in charge reductions, dismissed counts, or sentencing benefits.
Former prosecutor experience helps identify what information prosecutors value and negotiate favorable cooperation agreements protecting clients while securing maximum benefits.
Challenging Firearms Testing and Expert Testimony Philadelphia Police Firearms Identification Unit conducts functionality testing that forms crucial prosecution evidence. Dawn DiDonato-Burke’s prosecution experience revealed that defense must obtain complete testing documentation, retain independent firearms experts when appropriate, challenge testing methodology and equipment calibration, and cross-examine examiners effectively about limitations.
Not all recovered firearms are functional, and prosecutors must prove operability to secure convictions.
Addressing Prior Convictions in Prohibited Person Cases VUFA 6105 convictions require proving prior qualifying convictions. Former prosecutors understand strategies for challenging prior convictions including demonstrating convictions were expunged or pardoned, proving convictions don’t meet statutory prohibited person criteria, showing 10-year prohibition periods expired, and identifying record errors misidentifying defendants.
Careful criminal history analysis sometimes reveals defendants aren’t actually prohibited persons despite apparent qualifying convictions.
Managing Client Expectations About Gun Cases Philadelphia gun cases with mandatory minimum exposure require realistic client counseling about sentence risks. Former prosecutor Burke emphasizes honest communication about conviction likelihood if evidence is strong, mandatory minimum exposure if prior convictions exist, trial risks versus plea agreement benefits, and federal prosecution possibilities.
Clients need accurate information to make informed decisions about cooperation, plea acceptance, and trial strategies.
Preserving Issues for Appeal Gun convictions should preserve appellate issues including Fourth Amendment challenges to searches and seizures, sufficiency of evidence challenges to possession proof, legal challenges to prior convictions used for sentencing, and sentencing challenges to mandatory minimum applications.
Former prosecutor understanding of appellate standards helps identify which issues warrant preservation for appeal.
Coordinating State and Federal Defense Defendants sometimes face concurrent state and federal gun charges. Burke’s experience in both systems helps coordinate defenses avoiding statements in one case that prejudice the other, negotiating global resolutions addressing both charges, timing guilty pleas strategically, and presenting consistent mitigating narratives across jurisdictions.
DiDonato & Burke Law Firm’s comprehensive gun crime defense experience in both Philadelphia state court and federal court provides defendants with strategic advantages at every case stage from initial arrest through sentencing and beyond.
Talk to a Criminal Defense Attorney in Philadelphia
Understanding what constitutes gun crimes in Philadelphia requires comprehensive knowledge of Pennsylvania’s Uniform Firearms Act, Philadelphia-specific carrying restrictions under Section 6108, federal firearms laws including felon in possession and Armed Career Criminal Act provisions, and mandatory minimum sentences that eliminate judicial discretion and guarantee substantial imprisonment for certain violations.
Common Philadelphia gun crimes include Possession of Firearm by Prohibited Person (VUFA 6105) with 5-year mandatory minimums for second offenses, Carrying Firearms Without License (VUFA 6106) applying to concealed carrying or loaded vehicle transport, Carrying on Philadelphia Streets (VUFA 6108) unique to Philadelphia, and federal charges including felon in possession with potential 15-year ACCA mandatory minimums and Section 924(c) carrying during drug crimes with consecutive mandatory sentences.
Effective gun crime defense requires challenging Fourth Amendment violations during searches and seizures, disputing constructive possession when firearms weren’t on defendants’ persons, verifying prohibited person status and prior conviction qualifications, negotiating around mandatory minimums through charge reductions or cooperation, and understanding Philadelphia’s specialized gun court and prosecution priorities.
DiDonato & Burke Law Firm’s former prosecutors Thomas F. Burke and Dawn DiDonato-Burke provide unique advantages through their insider knowledge of how Philadelphia prosecutes gun cases, what evidence prosecutors find compelling and what weaknesses they try to hide, how to negotiate effectively given prosecutorial priorities and mandatory minimum exposure, and when cases warrant aggressive trial defense versus when favorable plea agreements serve clients’ interests.
Whether facing prohibited person violations with mandatory minimum exposure, federal firearms charges threatening ACCA sentences, multiple gun charges from single incidents, or first-time carrying without license violations, former prosecutor representation provides comprehensive understanding of both prosecution strategies and effective defense responses.
If you or a loved one faces gun charges in Philadelphia, Bucks County, Montgomery County, Delaware County, Chester County, or anywhere in Eastern Pennsylvania, or confronts potential federal firearms prosecution, contact DiDonato & Burke Law Firm immediately at (215) 567-1248.
Our 24/7 emergency response ensures that former prosecutors can begin investigating your case, evaluating charges, suppressing illegally obtained evidence, and protecting your rights from the moment you need us most. When facing gun crimes with mandatory minimum exposure and potential federal prosecution, experience the advantage of having former prosecutors who understand both sides of firearms prosecutions defending your case.
