15.4 Firearms & Weapons Possession Offenses (§ 6105 / § 6106)

Firearms & Weapons Possession Offenses

The MPOETC exam tests 18 Pa.C.S. Chapter 61 (Firearms) and selected Chapter 9 weapons offenses. The two statutes that generate the most questions are § 6105 (Persons Not to Possess Firearms) and § 6106 (Firearms Not to Be Carried Without a License). Mastering the distinction between them — and the on-person vs. off-person grading in § 6105 — is essential.

§ 6105 — Persons Not to Possess Firearms

§ 6105 prohibits certain persons from possessing, using, manufacturing, controlling, selling, or transferring firearms. Prohibited persons include:

• Anyone convicted of a felony enumerated in 18 Pa.C.S. § 6105(b) or any felony punishable by more than one year in PA.
• Anyone convicted of certain enumerated misdemeanors (e.g., certain offenses under the controlled-substance act, certain domestic-violence offenses).
• Persons with certain juvenile adjudications enumerated in the statute.
• Persons subject to an active PFA order that requires relinquishment of firearms.
• Persons subject to other federal disqualifiers.

Grading — The On-Person Rule

The grading of a § 6105 violation depends on whether the firearm was on the person at the time of arrest:

This on-person distinction is the most tested § 6105 point. A convicted felon arrested at a traffic stop with a loaded Glock on his hip commits § 6105 F1. The same felon arrested at his home where police recover a firearm from a closet commits § 6105 F2 (not on the person).

Exam trap: The phrase 'on the person' is narrow — a firearm in a vehicle's glove box is generally not 'on the person' unless it is on the body or within immediate reach in a way the statute and case law treat as on-person. Apply the rule conservatively and consult current PA case law for vehicle proximity rulings.

§ 6106 — Firearms Not to Be Carried Without a License

§ 6106 makes it an offense to carry a concealed firearm, or to carry any firearm in a vehicle, without a valid License to Carry Firearms (LTCF) issued under 18 Pa.C.S. § 6109.

• Default grading: F3.
• Reduced to M1 where the person is otherwise eligible for a license (not a prohibited person under § 6105) and no other disqualifier exists. This reduction is a frequent exam point — a person with no criminal record, caught carrying concealed without an LTCF, may face the M1 reduced grade rather than F3.

§ 6108 — Carrying Firearms on Public Streets in Philadelphia

§ 6108 makes it an M1 to carry a firearm (open or concealed) on public streets or public property in Philadelphia without a valid LTCF. Philadelphia is treated specially because it is a city of the first class. A person openly carrying a rifle on a Center City sidewalk without an LTCF commits § 6108 M1. Outside Philadelphia, open carry of a long gun without a license is generally not a § 6106 offense (no concealed carry, no vehicle carry).

§ 6105 vs. § 6106 — The Core Distinction

• § 6105 is about who is carrying — a prohibited person.
• § 6106 is about how the firearm is carried — concealed, or in a vehicle, without a license.

A convicted felon carrying concealed commits both § 6105 (prohibited person) and § 6106 (no license), but § 6105 (F1 or F2) is the more serious charge. A person with a clean record carrying concealed without an LTCF commits only § 6106 (M1 reduced grade). The exam will give you a fact pattern with a prohibited-person status and ask whether § 6105 or § 6106 applies — often, both do, but § 6105 is the lead charge.

Street Scenario — DUI Stop Revealing Concealed Firearm

You stop a vehicle for erratic driving on a Susquehanna County highway. The driver, age 30, smells of alcohol and fails field sobriety. Before towing the vehicle, you observe a loaded 9mm pistol under the driver's seat. The driver has no LTCF. A records check reveals a 2018 conviction for possession with intent to deliver a controlled substance (a felony punishable by more than one year).

Charges:

• § 6105 F2 — prohibited person (prior felony drug conviction) in possession of a firearm. The firearm was in the vehicle, not on his person, so F2 rather than F1.
• § 6106 F3 — carrying a firearm in a vehicle without a valid LTCF. The M1 reduction does NOT apply because the driver is a § 6105 prohibited person (no eligibility for a license).
• DUI separately.

The § 6105 F2 is the lead charge because the prohibited-person status disqualifies the § 6106 M1 reduction.

Other Weapons Offenses

• § 908 Prohibited Offensive Weapons — M1: possession of bombs, machine guns, sawed-off shotguns, and similar offensive weapons.
• § 912 Possession of Weapon on School Property — F2 (M1 if not a firearm): possessing a weapon on school property.
• § 6110.1 Possession of Firearm by Minor: addresses firearm possession by minors.

Exam Traps

1. § 6105 on-person = F1; off-person = F2 — the most tested § 6105 grading rule.
2. § 6106 defaults to F3 but reduces to M1 where the person is otherwise eligible for a license.
3. § 6108 (Philadelphia) is M1 and applies to open OR concealed carry on public streets without an LTCF.
4. A § 6105 prohibited person cannot benefit from the § 6106 M1 reduction — they are not 'otherwise eligible' for a license.