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Uniform Firearms Act
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, which predates the United States Constitution and reads: "The right of the citizens to bear arms in defense of themselves and the State shall not be questioned." The laws range in scope from use of force in self-defense situations, to specific categories citizens that are ineligible to purchase or possess firearms.
UFA for Pennsylvania is generally a more liberal 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 to eligible citizens.
==Object of the laws==
The object of concealed weapons statutes is to protect the public by preventing an individual from having at hand, a weapon of which the public is unaware.〔''Com. v. Butler'', 150 A.2d 172 (Pa. Super. 1959).〕 The Pennsylvania Uniform Firearms Act (Pa. UFA) follows the practice of the majority of states in prohibiting and criminalizing the carrying of concealed weapons.〔79 Am. Jur. 2d, ''Weapons and Firearms'', Sec. 8.〕 However, the title of the law is a bit of a misnomer as the Pa. UFA does not follow the ''Model Penal Code''.〔Comment, 1972, Sec. 6102.〕 The Pa. UFA,〔18 Pa. C.S.A. Sec. 6106, et seq.〕 prohibits the carrying of certain firearms in vehicles or concealed on the person without a license; prohibits ownership or possession of firearms by certain persons; provides for the licensing for concealed carry; provided strictures for dealers in firearms and; provides penalties for violations of the law. The regulation of firearms in the Commonwealth is preempted by the Legislature.〔Sec. 6120〕 That means that local municipalities, including the large municipalities, cannot regulate firearms as this is the sole province of the State Legislature.〔18 Pa. C.S.A. Sec. 67120(a).〕 By way of illustration, a Philadelphia ordinance requiring a city license to transfer a firearm was held to be ''ultra-vires'' and struck down.〔''Schneck v. Phila.'', 383 A.2d 227 (Pa. Comwlth 1978).〕 Notwithstanding Sec. 6108 makes it a violation of State law to carry a firearm,〔(defined by Sec 6102 and including a handgun, pistol or revolver)〕 rifle or shotgun, at any time on the public street or public property of any city of the first class (currently only Philadelphia), without first obtaining a license to carry a firearm.
The Pa. UFA at Sec. 6106 (a), provides that no person shall carry a firearm in any vehicle or concealed on or about his person, except in his place of abode or fixed place of business, without a license to do so. Carrying a gun in the trunk of an automobile has been held to be a violation of the law,〔''Com. v. Carrington'', 324 A.2d 531 (Pa. Super. 1974)〕 but the Commonwealth has to establish that the person had both the power of control over the weapon and the intention to exercise that control.〔''Com. v. Gladden'', 311 A.2d 711 (Pa Super. 1973).〕 The burden of proof of the fact that a person carried a firearm outside of his place of abode or fixed place of business without a license rests with the Commonwealth.〔''Com. v. Loez'', 565 A.2d 437 (Pa. 1988).〕 Where the Commonwealth cannot prove that a person carried a concealed weapon, it may nonetheless prove that the firearm was carried without a license as that offense does not require intent.〔''Com. v. Pauze'', 70 D&C 2d 368 (CCP 1975).〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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