15.4 Firearms & Weapons Possession Offenses (§ 6105 / § 6106)
Key Takeaways
18 Pa.C.S. § 6105 prohibits possession by certain persons (prior felony, enumerated misdemeanor, certain juveniles, active PFA with relinquishment); F1 if the firearm is on the person, F2 if not.
18 Pa.C.S. § 6106 makes carrying concealed or in a vehicle without an LTCF an F3, reduced to M1 where the person is otherwise eligible for a license.
18 Pa.C.S. § 6108 makes carrying a firearm on Philadelphia public streets without an LTCF an M1, open or concealed.
18 Pa.C.S. § 908 Prohibited Offensive Weapons is M1; § 912 Possession of Weapon on School Property is F2 (M1 if not a firearm).
A § 6105 prohibited person cannot benefit from the § 6106 M1 reduction — they are not 'otherwise eligible' for a license.
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:
| Circumstance | Grading |
|---|---|
| Firearm on the person at the time | F1 |
| Firearm not on the person (e.g., in a residence, vehicle not on person) | F2 |
| Knowingly accepting a firearm from a person subject to an active PFA (certain subsection) | M3 |
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
- § 6105 on-person = F1; off-person = F2 — the most tested § 6105 grading rule.
- § 6106 defaults to F3 but reduces to M1 where the person is otherwise eligible for a license.
- § 6108 (Philadelphia) is M1 and applies to open OR concealed carry on public streets without an LTCF.
- A § 6105 prohibited person cannot benefit from the § 6106 M1 reduction — they are not 'otherwise eligible' for a license.
A convicted felon (prior PWID felony) is arrested at a traffic stop with a loaded pistol in his waistband. He has no LTCF. What is the correct grading for the § 6105 charge?
M1, because the firearm was not used in another crime
F2, because the firearm was not concealed
F1, because the firearm was on the person at the time
F3, because § 6105 defaults to F3
A 25-year-old with no criminal record is stopped for a broken taillight. A loaded handgun is in the vehicle's center console; he has no LTCF. What grading applies to the § 6106 charge?
F3, the § 6106 default, because a firearm was in a vehicle without a license
M1, the reduced grade, because he is otherwise eligible for a license and no disqualifier exists
F1, because § 6106 on-person grading applies
M2, because the firearm was not on his person
A person is observed openly carrying a shotgun on a public sidewalk in Center City Philadelphia without an LTCF. What offense and grading apply under 18 Pa.C.S. § 6108?
No offense, because open carry of a long gun is legal throughout Pennsylvania
§ 6108, M1, because carrying a firearm on public streets in Philadelphia without a license is prohibited, open or concealed
§ 6106, F3, because carrying a firearm in public requires a license statewide
§ 6105, F1, because carrying without a license makes the person a prohibited possessor
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