Commonwealth v. D.G.

Our office just completed a preliminary hearing in Philadelphia Municipal Court. Our client was charged with three violations of the Pennsylvania’s Uniform Firearms Act, 18 Pa.C.S.A. § 6101 et seq. (commonly called “VUFA” charges). The lead charge was for a felon in possession of a firearm, a felony of the second degree that carries up to 10 years in jail. A witness testified that our client pointed “a gun” at him. But we were able to convince the judge that “a gun” is a vague term and that we cannot conclude based on that phrase whether or not our client was in possession of a real gun. Without a more specific description, we don’t know what our client had–if anything. The judge agreed with us and all of the VUFA charges were dismissed.