Uniform Firearms Act
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The Uniform Firearms Act (UFA) is a set of statutes in the Commonwealth of Pennsylvania that defines the limits of Section 21 of the Pennsylvania Constitution, the right to bear arms. The laws range in scope from use of force in self-defense situations, to specific categories citizens that are ineligible to purchase or posses firearms.
UFA for Pennsylvania is generally a more conservative interpretation of the Right to Bear Arms, in that it does not prohibit the sale and transfer of Class III NFA firearms, contains no duty for a citizen lawfully carrying a weapon to notify law enforcement, and mandates shall-issue licenses to carry firearms permits to eligible citizens.
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[edit] Licensing Procedures and Guidelines
UFA establishes mandatory, state-wide procedures for issuing a license to carry firearms. No municipality may establish their own rules regarding firearms, and changes to any firearms-related regulations must go through the Pennsylvania General Assembly. The act outlines the express right to a permit in §6109:
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- "A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle and shall be issued if, after an investigation not to exceed 45 days, it appears that the applicant is an individual concerning whom no good cause exists to deny the license."
[edit] Cities of the First Class exception
The act does not address the carrying of firearms in the open (also known as "open carry"). Therefore, it is considered de facto legal to do so without a permit at all; the license to carry firearms in Pennsylvania is specifically for carrying a firearm concealed. However, the act states that a resident of a city of the first class (of which, Philadelphia is the only one in the Commonwealth) must have a permit in order to carry a firearm, concealed or not.
UFA is somewhat ambiguous legally with regards to large metropolitan cities, because it does not address the legality of carrying a firearm in the open, in a city of the first class. While carrying a firearm in the open in Philadelphia is technically legal if you have obtained a permit, it is not a carrying technique used by license holders. Philadelphia law enforcement officers may temporarily detain an individual who is openly carrying a firearm.
The open carry of a firearm in the rest of the state is not only permitted by local law enforcement, it is widely practiced as well.
[edit] Criminal Violations
Should a citizen break one or more of the enumerated statutes in the UFA, they are subject to penalties outlined in the act. Police and court officers commonly refer to the charges collectively as VUFA; or, Violation of the Uniform Firearms Act. Penalties depend on the severity of the infraction.
Some jurisdictions within the Pennsylvania Unified Court System have set up specialized court sessions to deal with violations of the Uniform Firearms Act. For example, the First Judicial District of Pennsylvania has allocated "Gun Court" sessions for defendants accused of violating certain parts of UFA. Upon conviction, the defendants can be sentenced to serve Probation under the supervision of special Gun Court Probation Officers.
