Pennsylvania State Law Summary

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Ammunition Regulation

Title 18, Pa. Cons. Stat. Ann. § 6121 makes it a separate crime for a person who commits or attempts to commit a “crime of violence” (as defined in section 6102) to possess, use or attempt to use a KTW teflon-coated bullet or other “armor-piercing ammunition” while committing or attempting to commit that crime.  “Armor-piercing ammunition” is defined as:

[A]mmunition which, when or if fired from any firearm as defined in section 6102 that is used or attempted to be used in violation of subsection (a) under the test procedure of the National Institute of Law Enforcement and Criminal Justice Standard for the Ballistics Resistance of Police Body Armor promulgated December 1978, is determined to be capable of penetrating bullet-resistant apparel or body armor meeting the requirements of Type IIA of Standard NILECJ-STD-0101.01 as formulated by the United States Department of Justice and published in December of 1978.

Assault Weapons

No relevant statutes currently exist.

Background Checks

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited by law from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq.  NICS is used for purchases of handguns and long guns, and for persons who redeem a pawned firearm. 18 U.S.C. § 922(t).

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.

The Pennsylvania State Police (“PSP”) serves as a state point of contact for NICS. 18 Pa. Cons. Stat. Ann. §§ 6111, 6111.1; Pennsylvania State Police, 2008 Firearms Annual Report (2009); Bureau of Justice Statistics, Survey of State Procedures Related to Firearm Sales, 2005 (Nov. 2006).

Before transferring a firearm to an unlicensed person (anyone other than a licensed importer, manufacturer, dealer, or collector), the licensed importer, manufacturer or dealer must request, by means of a telephone call, that PSP conduct a criminal history, juvenile delinquency history, and a mental health check.  18 Pa. Cons. Stat. Ann. § 6111(b)(3). The licensee and the purchaser must provide such information as is necessary to accurately identify the purchaser. Id. The licensee may not transfer the firearm until he or she receives a unique approval number from PSP for the purchase. 18 Pa. Cons. Stat. Ann. § 6111(b)(4). For more information about the procedures that licensed dealers must follow to complete the sale, please see the Pennsylvania Dealer Regulations section below, and the administrative regulations of PSP available at 37 Pa. Code §§ 33.102­33.113.

Upon receipt of a request for a criminal history, juvenile delinquency history and mental health record check of the potential purchaser or transferee, PSP must immediately during the licensee's call or by return call review PSP’s criminal history, fingerprint records, juvenile delinquency and mental health records to determine if the potential purchaser or transferee is prohibited from receipt or possession of a firearm under federal or state law. Section 6111.1(b)(1)(i), (ii). PSP must then inform the licensee making the inquiry either that the potential purchase or transfer is prohibited, or provide the licensee with a unique approval number. Section 6111.1(b)(1)(iii).

According to Pennsylvania State Police, 2008 Firearms Annual Report (2009), PSP searches the following databases as part of a background check prior to approving a firearms transfer:

• NICS;

• PSP’s criminal history records;

• PSP’s fingerprint records;

• PSP’s juvenile delinquency records;

• PSP’s mental health records;

• PSP’s protection from abuse file (see the Pennsylvania Domestic Violence and Firearms section below); and

• PSP’s wanted/missing person file.

Pennsylvania law allows PSP to issue a temporary delay of the approval of the purchase or transfer of a firearm if the criminal history or juvenile delinquency background check indicates a conviction for a misdemeanor that PSP cannot determine is or is not related to domestic violence. Section 6111(b)(7). (Federal and Pennsylvania law prohibit firearm possession by persons convicted of certain domestic violence misdemeanors. See the Pennsylvania Domestic Violence and Firearms section below for further information.) During the temporary delay, PSP must investigate the conviction with courts, law enforcement or related institutions as necessary to determine whether the misdemeanor conviction involved domestic violence. Id. PSP must conduct the investigation as expeditiously as possible. Id.

Law enforcement files concerning any child adjudicated delinquent for any criminal activity that would prohibit him or her from firearm possession must be recorded in the registry of PSP for the limited purpose of firearm background checks. Section 6111.1(h)(2).

For information about the reporting of mental health information for use in firearm purchaser background checks, see the Pennsylvania Mental Health Reporting section.

Pennsylvania law requires PSP to maintain a telephone number, operational seven days a week between the hours of 8 a.m. and 10 p.m., for purposes of responding to inquiries from licensees. PSP must also employ and train such personnel as necessary to expeditiously administer these requirements. Section 6111.1(c).

A person who has been denied a firearms transfer based on a background check may seek review from PSP and/or appeal that decision to the Pennsylvania Attorney General.  The person may further appeal an unfavorable decision by the Attorney General in court.  For more information, see section 6111.1(e)(2).

Statistics regarding background checks for firearm transfers in Pennsylvania can be found in Pennsylvania State Police, 2008 Firearms Annual Report (2009).

For a discussion of persons prohibited by federal or state law from possessing or purchasing a firearm, see the Pennsylvania Prohibited Persons section.

In Pennsylvania, private sellers (sellers who are not licensed dealers) may only sell a handgun to an unlicensed purchaser through a licensed importer, manufacturer, dealer or county sheriff's office, who must initiate a background check as described above. Section 6111(c), (f)(1)-(2); 37 Pa. Code § 33.111(g). Private sellers are not required to initiate background checks when transferring a long gun in Pennsylvania, although federal and state laws prohibiting certain persons from purchasing or possessing firearms still apply.  See the Pennsylvania Private/Secondary Sales section.

Ballistic Fingerprinting

No relevant statutes currently exist.

Carrying Firearms

Open Carrying/Exposed Firearms

Pennsylvania law prohibits carrying a firearm, rifle or shotgun "at any time upon the public streets or upon any public property in a city of the first class" (cities with a population of one million or more, per 53 Pa. Stat. Ann. § 101) unless the person is licensed to carry a firearm (18 Pa. Cons. Stat. Ann. § 6109) or, as discussed below, is exempt under section 6106. 18 Pa. Cons. Stat. Ann. § 6108.

Possession Restrictions

Pennsylvania prohibits the possession of firearms in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school. 18 Pa. Cons. Stat. Ann. § 912. However, a defense to the statute exists where the weapon is possessed and used in conjunction with a lawful supervised school activity or course or "is possessed for other lawful purpose." Section 912(c). The state also prohibits any person from knowingly possessing a firearm in a court facility or knowingly causing a firearm to be present in a court facility, with certain limited exceptions. Section 913(1).

State law prohibits hunting with a firearm in a "safety zone," defined as an area within 150 yards of "any attached or detached playground of any school, nursery school or day-care center." 34 Pa. Cons. Stat. Ann. § 2505(a), (c).

Holders of a license to carry a firearm are subject to all of these location limits.

Transportation of Firearms

Pennsylvania law provides that "any person who carries a firearm in any vehicle…without a valid and lawfully issued license…commits a felony." 18 Pa. Cons. Stat. Ann. § 6106(a).

Section 6106(a) does not apply to:

• Law enforcement officers and members of the military;

• Those traveling to or from target shooting, if the firearm is unloaded with the cartridges or shells carried in a separate container;

• Officers or employees of the United States duly authorized to carry a concealed firearm;

• Agents, messengers, or employees of banks or businesses whose duties require them to protect money or other valuable property in the discharge of their duties;

• Any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent of such person, having in his or her possession, using, or carrying a firearm in the usual course of business;

• Any person carrying an unloaded firearm in a secure wrapper between certain places, including the place of purchase or repair to his or her home or place of business, or when moving from one home or business to another;

• Any person licensed to hunt or fish, if he or she is actually hunting or fishing;

• A person training dogs;

• Any person carrying a firearm in a vehicle who possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the U.S. or any other state;

• A person who had a license to possess a firearm that expired within six months before his or her date of arrest, if the person is otherwise eligible for renewal of the license; and

• Any person who is otherwise eligible to possess a firearm and who is operating a vehicle which is registered in the person's name or the name of a spouse or parent and which contains a firearm for which a license has been issued to the spouse or parent owning the firearm.

Section 6106(b).

One who violates this section but "who is otherwise eligible to posses a valid license" and "has not committed any other criminal violation" commits a misdemeanor of the first degree. Section 6106(a)(2).

Pennsylvania defines a firearm as "[a]ny pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches." Section 6102. Loaded firearms not included in this definition generally may not be carried by any person, including holders of a license to carry a firearm, in any vehicle. Section 6106.1(a).

It is generally unlawful to operate or ride in any snowmobile or ATV in possession of a loaded firearm. 75 Pa. Cons. Stat. Ann. § 7727.

Pennsylvania prohibits the possession of firearms in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school. 18 Pa. Cons. Stat. Ann. § 912. However, it is a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or "is possessed for other lawful purpose." Section 912(c).

Finally, no person may possess a firearm of any kind "in or on or against any conveyance propelled by mechanical power or its attachments at any time whether or not the vehicle or its attachment is in motion unless the firearm is unloaded," or that person is in possession of a valid license to carry a firearm. 34 Pa. Cons. Stat. Ann. § 2503.

Concealed Weapons Licensing Requirements

Pennsylvania is a "shall issue" state, meaning that local law enforcement must issue a license to carry a firearm if the applicant meets certain qualifications. Pursuant to 18 Pa. Cons. Stat. Ann. § 6109(e), law enforcement must issue a license "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." The applicant must state a reason for seeking the license, which may include self-defense, employment, hunting, target shooting, gun collecting, or "another proper reason." Section 6109(c). A license will be denied under section 6109 if the applicant:

• Is not 21 years of age;

• Has a character and reputation indicating the applicant would be likely to act in a manner dangerous to public safety;

• Has been convicted of, or adjudicated delinquent in the past ten years for, any offense under The Controlled Substance, Drug, Device and Cosmetic Act (35 Pa. Stat. Ann. § 780-101 et seq.);

• Does not qualify to possess a firearm under 18 Pa. Cons. Stat. Ann. § 6105 or has been convicted of, or adjudicated delinquent in the past ten years for, any of the crimes which disqualify individuals from firearm possession listed in section 6105 (see also the Pennsylvania Background Checks section);

• Is not of sound mind or has ever been committed to a mental institution;

• Is addicted to or an unlawful user of marijuana or a stimulant, depressant or narcotic drug;

• Is a habitual drunkard;

• Has been charged with, or convicted of, a crime punishable by more than one year of imprisonment;

• Is an undocumented alien;

• Has been dishonorably discharged from the armed forces;

• Is a fugitive from justice;

• Is otherwise prohibited from possessing, using, manufacturing, controlling, purchasing, selling, or transferring a firearm as provided by section 6105; or

• Is prohibited from possessing or acquiring a firearm under the United States Code.

The license may be revoked by the issuing authority for "good cause," which exists where, among other things, the permittee falls into any of the prohibited categories listed above. Section 6109(i).

Any person who, without a license, carries a firearm in any vehicle or concealed on or about his or her person, other than at his or her home or business, commits a felony of the third degree. Section 6106(a)(1). If the offender is otherwise eligible for a license, however, he or she commits only a first degree misdemeanor for carrying a firearm in a vehicle or concealed on or about his or her person, other than at his or her home or business. Section 6106(a)(2). Please see the Transportation of Firearms subsection above for a list of exceptions.

The fee for a license to carry a concealable firearm is $19. Section 6109(h).

Additional application and background check requirements, as well as license suspension and disqualification information, are detailed under section 6109 and 37 Pa. Code §§ 33.114, 33.115, 33.119. According to the Pennsylvania State Police, as of March 3, 2009, there were 150,843 licenses to carry firearms in Pennsylvania. Pennsylvania State Police, 2008 Firearms Annual Report 6, Appdx. C (2009).

In 2008, Pennsylvania enacted a law allowing local law enforcement to issue a “temporary emergency license to carry a concealed firearm,” which is valid for 45 days. See 18 Pa. Cons. Stat. Ann. § 6109(m.1). To obtain a temporary license, a person must submit evidence of imminent danger to him or herself or his or her minor child, and a sworn affidavit attesting that he or she is eligible for a license to carry a firearm and not legally prohibited from possessing a firearm. The evidence of imminent danger must take the form of a police report or other document prepared by a law enforcement officer describing facts that give rise to the person’s reasonable fear of criminal attack. The sheriff must conduct a background check prior to issuing a temporary license. Prior to the expiration of the temporary license, if it is not revoked, the sheriff must issue a regular license to carry a firearm to the person. Id.

     Disclosure or Use of Information

Pennsylvania does not allow personal application or license information of license holders to be made public. All information provided by the license applicant, including but not limited to his or her name or identity, "shall be confidential and not subject to public disclosure." 18 Pa. Cons. Stat. Ann. § 6111(i). See also 37 Pa. Code § 33.103.

    Duration & Renewal

A license to carry a firearm is valid for up to five years. 18 Pa. Cons. Stat. Ann. § 6109(f); 37 Pa. Code § 33.115(d). However, a license held by a member of the U.S. Armed Forces or the Pennsylvania National Guard on federal active duty and deployed overseas that is scheduled to expire during the period of deployment is extended until 90 days after the end of the deployment. 18 Pa. Cons. Stat. Ann. § 6109(f)(3). The $19 licensing fee includes a renewal notice processing fee of $1.50. Section 6109(h). Renewal provisions can be found under section 6109. An exception exists to the requirement of a license to carry a firearm for a person whose license expired within the previous six months and who is eligible for renewal. Section 6106(b)(12).

     Location Limits

Holders of a license to carry a firearm are subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms subsections above for further information.

     Reciprocity

Section 6109(k) allows the state Attorney General to enter into agreements with other states to honor their concealed weapons permits in Pennsylvania. Section 6109(m) requires the Attorney General to annually contact any other state that does not have a reciprocity agreement with Pennsylvania to determine if:

• The state will negotiate a reciprocity agreement;

• A licensee may carry a concealed firearm in that state; or

• A licensee may apply for a license or permit to carry a firearm issued by the state.

The Attorney General shall maintain a current list of states with any of the above, and the list shall be posted on the Internet, provided to the Pennsylvania State Police and made available to the public upon request. For the current list of such states, see the Pennsylvania Office of the Attorney General web site. See also Pennsylvania State Police, 2008 Firearms Annual Report 6 (2009).

Section 6106(b)(15) also provides an exception to the requirement of a license to carry a firearm for any person who possesses a valid and lawfully issued license or permit to carry a firearm under the laws of another state, regardless of whether a reciprocity agreement exists under section 6109(k), if the state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109, and the Attorney General has determined that the firearm laws of the state are similar to the firearm laws of Pennsylvania.

     Brady Exemption

Holders of licenses to carry firearms in Pennsylvania are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3),27 C.F.R. § 478.102(d).

Child Access Prevention

No relevant statutes currently exist.

Dealer Regulations

All retail firearms dealers in Pennsylvania must be licensed by the state. 18 Pa. Cons. Stat. Ann. § 6112. Pursuant to section 6113, a license will be revoked if the licensee:

• Fails to conduct business only where designated in the license or at a lawful gun show or meet;

• Fails to display the license on the premises;

• Sells any firearm in violation of 18 Pa. Cons. Stat. Ann. § 6101 et seq;

• Sells a firearm to a purchaser without evidence of the purchaser’s identity unless the purchaser is personally known to the licensee;

• Fails to keep a record in triplicate of every firearm sold and retain the records for 20 years;

• Displays any firearm where it can be readily seen from outside the premises;

• Fails to store firearms securely when closed for business in the event of a clear and present danger to public safety as declared by the Pennsylvania State Police (“PSP”); or

• Fails to possess all applicable current revenue licenses.

For additional information about the licensing of firearms dealers, see 37 Pa. Code § 33.116. By signing the application for a license to sell firearms, the applicant is acknowledging that if a license is granted, the applicant gives permission to PSP, or their designee, and the issuing authority, to visit the licensee's business location and inspect the premises, records, and documents without a warrant.  37 Pa. Code § 33.116(c).

To sell any firearm, a dealer must:

• Inspect photo-identification of the potential purchaser;

• Contact PSP via telephone for a background check, and receive an approval number for the purchase;

• Collect from the buyer or transferee and forward to PSP a fee equivalent to the cost of conducting the background check, but not exceeding $2 per buyer or transferee; and

• Issue a receipt containing the approval number to the purchaser or transferee.

18 Pa. Cons. Stat. Ann. § 6111(a), (b).

The dealer is prohibited from transferring the firearm if PSP has issued a “temporary delay” in order to investigate whether the person has convicted of a domestic violence misdemeanor that disqualifies the person from firearm possession.  Section 6111(b)(7).

In addition, to sell a handgun or other firearm within the definition in section 6102, a dealer must:

• Require the purchaser to complete a purchase application, which includes a statement that the purchaser is the actual buyer of the firearm. The dealer must retain a copy of the application for at least 20 years, mail the original to PSP within 14 days of the sale, and provide one copy to the purchaser;

• Record the approval number on the application; and

• If the purchaser passes the background check, deliver the firearm to the purchaser securely wrapped and unloaded.

18 Pa. Cons. Stat. Ann. § 6111(a), (b); 37 Pa. Code § 33.111.

When an unlicensed person desires to sell or transfer a handgun or other firearm within the definition in section 6102 to another unlicensed person upon the place of business of a licensed dealer, the dealer must follow the procedures for the transfer as if he or she were the seller of the firearm. 18 Pa. Cons. Stat. Ann. § 6111(c).

While the purchaser of a long gun is not generally required to complete a purchase application, the dealer must nevertheless submit a statement to PSP, on a form created by PSP, within 14 days of the sale, containing the number of firearms sold, the amount of fees remitted, and the approval numbers obtained for the purchase, together with a statement that the background checks have been performed on the firearms listed in the statement. 18 Pa. Cons. Stat. Ann. § 6111(b).

For the administrative regulations of PSP that govern the procedures for sale or transfer of a firearm, see 37 Pa. Code § 33.102­33.113.

Any seller who delivers a firearm to an individual who is not eligible to possess a firearm commits a third degree felony, and the seller's license is subject to revocation for a period of three years. 18 Pa. Cons. Stat. Ann. § 6111(g)(2). Any seller who delivers a firearm in violation of the requirements of section 6111 and "who has reason to believe that the firearm is intended to be used in the commission of a crime or attempt to commit a crime" can be held civilly and criminally liable for the crime or attempted crime. Sections 6111(g)(5) and 6111(g)(6) (see also the Pennsylvania Immunity Statutes/Manufacturer Litigation section). Any person who knowingly and intentionally delivers a firearm to a person less than 18 years of age, where that person does not fall into an exception for possession of a firearm, commits a felony of the third degree. Section 6110.1(c). See the Pennsylvania Minimum Age to Purchase/Possess section.

A licensed dealer may not transfer a firearm unless he or she provides the transferee with a locking device, the transferee purchases a locking device, or the design of the firearm incorporates a locking device. Section 6142. This section does not apply to firearm transfers to law enforcement or licensed dealers. Id. See also the Pennsylvania Locking Devices section.

All licensed dealers must provide each purchaser a free firearms safety brochure containing a summary of state firearms regulations. Section 6125; 37 Pa. Code § 33.111(d)(5). The brochures are provided by PSP at no cost to the dealer. 18 Pa. Cons. Stat. Ann. § 6125.

For regulations governing the storage of firearms and ammunition by dealers when closed for business in an area where the Commissioner of PSP has found a clear and present danger to public safety to exist, see 37 Pa. Code §§ 31.101-­31.106.

For laws applicable to both licensed and private firearm sellers, please see the Pennsylvania Private/Secondary Sales section.

     Duration

Retail firearms dealer licenses are issued by law enforcement and are valid for three years. Section 6113(a). The fee for a dealer license is $30. Section 6113(b).

     Number of Federally Licensed Firearms Dealers

There are 2,292 federally licensed firearms dealers and pawnbrokers in Pennsylvania.  Federal firearms licensee totals for Pennsylvania as of November 24, 2008 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

Disarming Prohibited Possessors

With the exception of persons subject to an active protection from abuse order, Pennsylvania law gives persons prohibited from possessing firearms a “reasonable period of time, not to exceed 60 days from the date of the imposition” of the firearm prohibition, in which to sell or transfer his or her firearms to another eligible person who is not a member of the prohibited person’s household. 18 Pa. Cons. Stat. Ann. § 6105(a)(2).

A policy of the Philadelphia Adult Probation and Parole Department provides that anyone under its supervision has 10 days to dispose of a weapon. This policy provides for surrender of firearms to the police department, sale to a licensed firearms dealer, or sale to an eligible person. After the person sells or transfers his or her firearms, he or she is required to provide his or her Probation or Parole officer with a receipt or record of sale. First Judicial District of Pennsylvania, Adult Probation and Parole Department, Firearms Surrender Policy (last revised November 2005).

Pennsylvania has a comprehensive law requiring persons subject to domestic violence protective orders to surrender their firearms, as well as ammunition used in prior abuse, to law enforcement, a licensed dealer, or a third party who has obtained a “safekeeping” permit. In the event an abuser decides to relinquish a firearm or ammunition to a dealer or a third party, the dealer or third party must provide the abuser with a receipt describing the firearm or ammunition and the abuser must provide this receipt to law enforcement. 23 Pa. Cons. Stat. Ann. §§ 6108.2(c), 6108.3. For further information, see the Pennsylvania Domestic Violence and Firearms section below.

Domestic Violence and Firearms

Firearm Prohibitions for Domestic Violence Misdemeanants

Only persons prohibited by federal law from possessing firearms as a result of a domestic violence misdemeanor are subject to Pennsylvania’s law prohibiting firearm possession by domestic violence misdemeanants. 18 U.S.C. § 921(a)(33), 922(g)(9); 18 Pa. Cons. Stat. Ann. § 6105(c)(9). The relationship need not be an element of the offense to meet these requirements. Section 6105(c)(9)(iv).

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (Nov. 2006), Pennsylvania maintains information regarding domestic violence misdemeanants for use in background checks in that “a conviction determined to involve domestic violence is flagged and record upgrades will incorporate flagging routines.”

For information about temporary delays in the background process that allow the Pennsylvania State Police to determine whether a misdemeanor involved domestic violence, see the Pennsylvania Background Checks section.

Firearm Prohibitions for Persons Subject to Domestic Violence Protective Orders, and Relinquishment of Firearms When Domestic Violence Protective Orders Are Issued

Pennsylvania law prohibits anyone subject to a current domestic violence protective order from possessing a firearm if the protective order provides for the relinquishment of firearms.  18 Pa. Cons. Stat. Ann. § 6105(c)(6). A court issuing a domestic violence protective order is authorized, but not required, to order the abuser to relinquish all of his or her firearms, as well as ammunition used or threatened to be used in an incident of abuse.  23 Pa. Cons. Stat. Ann. § 6108(a)(7).  Any family member or current or former sexual or intimate partner who has been subject to abuse may seek such an order. 23 Pa. Cons. Stat. Ann. § 6102(a). If ordered to relinquish firearms or ammunition, the abuser must then relinquish his or her firearms and ammunition to law enforcement, a licensed dealer, or a third party who has received a special “safekeeping permit” from law enforcement. 23 Pa. Cons. Stat. Ann. §§ 6108-6108.3. In the event an abuser decides to relinquish a firearm or ammunition to a dealer or a third party, the dealer or third party must provide the abuser with a receipt describing the firearm or ammunition and the abuser must provide this receipt to law enforcement. 23 Pa. Cons. Stat. Ann. §§ 6108.2(c), 6108.3.

A plaintiff may also petition for a “temporary” order for protection from abuse if he or she alleges immediate and present danger of abuse to the plaintiff or minor children, in which case the court shall conduct an “ex parte” proceeding (without notice to the defendant). 23 Pa. Cons. Stat. Ann. § 6107(b)(1). In an ex parte proceeding, the court may direct that the defendant temporarily relinquish to the sheriff any firearms or ammunition for the duration of the temporary order if the petition demonstrates abuse which involves a firearm or other weapon, or an immediate and present danger of such abuse (based on a list of factors). 23 Pa. Cons. Stat. Ann. § 6107(b)(3).

Pennsylvania law requires the State Police to maintain a registry of temporary and final protection orders, court-approved consent agreements and foreign protection orders. 23 Pa. Cons. Stat. Ann. § 6105(e). This registry indicates whether firearms or ammunition were ordered relinquished in each protection order or consent agreement. A court that has entered a protection order or consent agreement must make the information available to the Pennsylvania State Police within 24 hours of the order. 23 Pa. Cons. Stat. Ann. § 6105(e)(4); see also Pennsylvania State Police, 2008 Firearms Annual Report 6 (2009); Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (Nov. 2006).

For general information on the background check process and categories of prohibited purchasers or possessors, see the Pennsylvania Background Checks and Pennsylvania Prohibited Persons sections.

Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident

18 Pa. Cons. Stat. Ann. § 2711(a) grants a police officer a right of arrest without a warrant whenever he or she has probable cause to believe the defendant has committed involuntary manslaughter, assault, reckless endangerment, terroristic threats or stalking against a “family or household member” (as defined in 23 Pa. Cons. Stat. Ann. § 6102) even if the offense did not take place in the officer’s presence, if the officer first observes recent physical injury to the victim or other corroborative evidence. 18 Pa. Cons. Stat. Ann. § 2711(b) requires the arresting police officer in this situation to seize all weapons used by the defendant in the commission of the offense.

In addition, 23 Pa. Cons. Stat. Ann. § 6113 grants a police officer a right of arrest without a warrant whenever he or she has probable cause to believe the defendant has violated a protection order, even if the violation was not committed in the presence of the police officer. Subsequent to the arrest, the police officer must seize all firearms and ammunition used or threatened to be used during the violation of the protection order or during prior incidents of abuse, and any other firearms in the defendant's possession. Id.

Gun Shows

Pennsylvania does not specifically regulate gun shows. However, 18 Pa. Cons. Stat. Ann. § 6111(c) regulates where and how private persons may transfer handguns to unlicensed transferees.

Section 6113(a) specifies that the place of business for a retail dealer includes a lawful gun show or meet. Since section 6111(c) requires a transfer of a handgun to take place at the place of business of a licensed dealer, a private person may thus transfer a handgun to an unlicensed transferee at a gun show. However, the private seller must have a licensed importer, manufacturer, dealer or county sheriff's office perform a background check on the prospective purchaser. Section 6111(c); 37 Pa. Code § 33.111(g). The licensee must also follow all other dealer regulations specified in the Pennsylvania Dealer Regulations section before transferring the handgun. 18 Pa. Cons. Stat. Ann. § 6111(c); 37 Pa. Code § 33.111(g).

See also the Pennsylvania Private/Secondary Sales section for state laws that apply at gun shows.

Immunity Statutes / Manufacturer Litigation

For information about Title 18, Pa. Cons. Stat. Ann. § 6120(a.1)(1), which prohibits certain lawsuits by political subdivisions against firearms or ammunition manufacturers, trade associations or dealers, see the Pennsylvania State Preemption section above.

Title 35, Pa. Stat. Ann. § 4501 states that all owners of rifle or pistol ranges are exempt and immune from any civil action or criminal prosecution in any matter relating to noise or noise pollution resulting from the normal and accepted shooting activity on ranges, provided that the owners of the ranges are in compliance with any applicable noise control laws or ordinances existing at the time construction of the range was initiated. Section 4502 states that owners of such ranges are also not subject to any action for nuisance and no court shall enjoin the use or operation of the ranges on the basis of noise or noise pollution, provided that the owners of the ranges are in compliance with any applicable noise control laws or ordinances existing at the time construction of the range was initiated. If there were no noise control laws or ordinances existing at the time construction of the range was initiated, then the immunity granted by these provisions applies to the ranges.

In Pacurariu v. Pennsylvania, 744 A.2d 389 (Pa. Commw. Ct. 2000), the court held that while the Pennsylvania Game Commission need not obtain a local permit for construction of a shooting range on state game lands, the shooting range must nevertheless comply with local noise ordinances in existence when construction was initiated.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Junk Guns / Saturday Night Specials

Pennsylvania does not specifically regulate junk guns or unsafe firearms. According to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), however, Pennsylvania's Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 Pa. Stat. Ann. §§ 201-3, 201-3.1. For details, view the Center's report, "Targeting Safety."

Large Capacity Ammunition Magazines

No relevant statutes currently exist.

Licensing of Gun Purchasers / Owners

No relevant statutes currently exist.

Locking Devices

A licensed dealer may not transfer a handgun or other firearm within the definition in 18 Pa. Cons. Stat. Ann. § 6102 unless he or she provides the transferee with a locking device, the transferee purchases a locking device, or the design of the handgun incorporates a locking device. 18 Pa. Cons. Stat. Ann. § 6142. This section does not apply to transfers to law enforcement or licensed dealers. Id. "Locking device" is defined as either: 1) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device; or 2) a device that is incorporated into the design of a firearm and that is designed to prevent the operation of the firearm by anyone not having access to the device. Id.

Mental Health Reporting

Federal law prohibits any person from knowingly selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.” 18 U.S.C. § 922(d)(4). However, no federal law requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers.

There is no law in Pennsylvania requiring the reporting of mental health information to NICS. However, 18 Pa. Cons. Stat. Ann. § 6111.1(f)(3) authorizes such disclosure. That paragraph states:

Notwithstanding any law to the contrary, the Pennsylvania State Police may disclose, electronically or otherwise, to the United States Attorney General or a designee, any record relevant to a determination of whether a person is disqualified from possessing or receiving a firearm under 18 U.S.C. § 922(g)(3) or (4) [prohibiting possession of a firearm or ammunition by any person who is an unlawful user of or addicted to any controlled substance or who has been adjudicated as a mental defective or involuntarily committed to any mental institution] or an applicable state statute.

Section 6111.1(f) requires judges of the courts of common pleas to notify the Pennsylvania State Police (“PSP”), on a form developed by PSP, of:

• The identity of any individual who has been adjudicated as an incompetent or as a mental defective or who has been involuntarily committed to a mental institution under 50 Pa. Stat. Ann. §§ 7101 - 7503 or who has been involuntarily treated as described in 18 Pa. Cons. Stat. Ann. § 6105(c)(4) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) or as described in 18 U.S.C. § 922(g)(4) and its implementing federal regulations; and

• Any finding of fact or court order related to any person described in 18 U.S.C. § 922(g)(3) (prohibiting possession of a firearm or ammunition by any person who is an unlawful user of or addicted to any controlled substance).

See also 18 Pa. Cons. Stat. Ann. § 6109(i.1)(2) (requiring “the judge of the court of common pleas, mental health review officer or county mental health and mental retardation administrator” to report to PSP persons adjudicated incompetent, or involuntarily committed for inpatient care and treatment, or upon involuntary treatment of a person as described in 18 Pa. Cons. Stat. Ann. § 6105(c)(4)); 50 Pa. Stat. Ann. § 7109(d) (same).

The notification shall be transmitted by the judge to PSP within seven days of the adjudication, commitment or treatment. 18 Pa. Cons. Stat. Ann. §§ 6109(i.1)(2), 6111.1(f)(2); 50 Pa. Stat. Ann. § 7109(d).

50 Pa. Stat. Ann. § 7111, which governs the confidentiality of records concerning persons receiving mental health treatment, states that it shall not restrict judges of the courts of common pleas, mental health review officers and county mental health and mental retardation administrators from disclosing information to PSP or PSP from disclosing information to any person, in accordance with the provisions of 18 Pa. Cons. Stat.. § 6105(c)(4).

If, pursuant to 18 Pa. Cons. Stat. Ann. § 6105(f), a court grants relief from the Pennsylvania prohibition on firearm possession by persons adjudicated to be incompetent or involuntarily committed to a mental institution, a copy of the order must be sent to PSP within ten days. The order must include the name, date of birth and social security number of the individual. 18 Pa. Cons. Stat. Ann. § 6105(j).

For PSP’s regulations regarding the reporting of mental health information, see 37 Pa. Code §§ 33.103(e), 33.120.

For general information on the background check process and categories of prohibited purchasers or possessors, see the Pennsylvania Background Checks and Pennsylvania Prohibited Persons sections.

Minimum Age to Purchase / Possess

Subject to certain exceptions, a person under the age of 18 shall not possess or transport a firearm anywhere in the Commonwealth. 18 Pa. Cons. Stat. Ann. § 6110.1(a). This prohibition does not apply to a minor who is under the supervision of a parent, grandparent, legal guardian, or an adult acting with the permission of the minor's parent or legal guardian and the minor is engaged in lawful activity, such as safety training, target shooting, or organized firearm competition. In addition, the prohibition does not apply to a minor who is lawfully hunting or trapping in accordance with the Game and Wildlife Code, 34 Pa. Cons. Stat. Ann. § 101 et seq.

Any person who knowingly and intentionally delivers or provides a firearm to a minor commits a felony of the third degree and the firearm is subject to seizure by law enforcement. 18 Pa. Cons. Stat. Ann. § 6110.1(c), (d). Section 6302 also prohibits any person from selling or leasing any deadly weapon or cartridge to any person under 18 years of age. This prohibition does not apply to hunting by minors in accordance with the Game and Wildlife Code, 34 Pa. Cons. Stat. Ann. § 101 et seq.

Federal law prohibits firearms dealers from selling or delivering handguns or ammunition for handguns to any person the dealer knows or has reasonable cause to believe is under the age of 21. 18 U.S.C. § 922(b)(1), (c)(1). Federal law also generally prohibits anyone under age 18 from possessing handguns or handgun ammunition.  18 U.S.C. § 922(x)(2), (5).

Multiple Purchases / Sales of Firearms

No relevant statutes currently exist.

Personalized / Smart Guns

No relevant statutes currently exist.

Private / Secondary Sales

An unlicensed seller may only sell a handgun or other firearm within the definition in 18 Pa. Cons. Stat. Ann. § 6102 to an unlicensed purchaser at the place of business of a licensed importer, manufacturer, dealer or county sheriff's office. 18 Pa. Cons. Stat. Ann. § 6111(c), (f)(1), (2). The licensed importer, manufacturer, dealer or sheriff must comply with all of the dealer regulations set forth in the Pennsylvania Dealer Regulations section, including a background check on prospective purchaser. Section 6111(a), (c). These requirements do not apply to transfers between spouses, parents and children, and grandparents and grandchildren. Section 6111(c). These requirements also do not generally apply to transfers of long guns. Section 6111(f)(2).

Any seller who delivers a firearm to an individual who is not eligible to possess a firearm commits a third degree felony. Section 6111(g)(2). Any seller who delivers a firearm in violation of the requirements of sections 6101-6162 and "who has reason to believe that the firearm is intended to be used in the commission of a crime or attempt to commit a crime" can be held civilly and criminally liable for said crime or attempted crime. Sections 6111(g)(5) and 6111(g)(6). See the Pennsylvania Immunity Statutes/Manufacturer Litigation section. Any person who knowingly and intentionally delivers a firearm to a person less than 18 years of age who does not fall into a limited exception to possess a firearm commits a felony of the third degree. Section 6110.1(c); see also the Pennsylvania Minimum Age to Purchase/Possess section.

No seller shall deliver a handgun or other firearm within the definition in 18 Pa. Cons. Stat. Ann. § 6102 to the purchaser or transferee unless the firearm is securely wrapped and unloaded. Section 6111(a).

Finally, section 6302 prohibits any person from selling or leasing any deadly weapon or ammunition cartridge to any person under 18 years of age. This prohibition does not apply to hunting by minors in accordance with the Game and Wildlife Code, 34 Pa. Cons. Stat. Ann. § 101 et seq.

Prohibited Persons

Federal law prohibits a number of classes of persons from purchasing or possessing firearms, including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions, and leaves to the states the power to determine additional classes. For a complete list of federally prohibited purchasers, see LCAV’s Federal Background Checks and Prohibited Purchasers summary.

In addition to the federal purchaser prohibitions referenced above, Pennsylvania has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Section 6105(b) provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she has been convicted of:

• Possessing, using, making, repairing, selling, or otherwise dealing in any "offensive weapon," including machine guns, sawed-off shotguns, firearms with a silencer, and stun guns (see § 908);

• An offense relating to organized crime;

• Possessing a weapon on school property;

• Murder;

• Voluntary or involuntary manslaughter involving reckless use of a firearm;

• Aggravated assault;

• Assault by a prisoner or a “life prisoner;”

• Stalking;

• Kidnapping or unlawful restraint;

• Rape, involuntary intercourse, or aggravated indecent assault;

• Luring a child into a motor vehicle;

• Arson;

• Causing or risking catastrophe;

• Burglary;

• Criminal trespass (at the level of second degree felony or higher);

• Robbery or robbery of a motor vehicle;

• Felony theft or felony extortion accompanied by threats of violence (if it is the second conviction for said felony);

• Felony receiving stolen property;

• Impersonating a law enforcement officer;

• Intimidation of, or retaliation against, a witness or a victim;

• Escape from "official detention" (per 8 Pa. Cons. Stat. Ann. § 5121, defined as arrest, detention in any facility for the custody of persons under charge or conviction of a crime or alleged or found to be delinquent, detention for extradition or deportation, or any other detention for law enforcement purposes);

• Possession of weapons or implements for escape from a detention facility, correctional institution or mental hospital;

• Riot;

• Paramilitary training;

• Possession of a firearm by a minor or corruption of minors;

• An offense involving “facsimile weapons of mass destruction”; or

• Unlawful sale or lease of weapons or explosives.

Title 18, Pa. Cons. Stat. Ann. § 6105(c) also prohibits the following individuals from possessing a firearm:

• A fugitive from justice;

• A person who has been convicted of an offense under The Controlled Substance, Drug, Device and Cosmetic Act (see 35 Pa. Stat. Ann. § 780-101 et seq.);

• A person who has been adjudicated as incompetent or involuntarily committed to a mental institution;

• An illegal alien;

• A person adjudicated delinquent under federal or state law as a result of conduct which, if committed by an adult, would constitute specified offenses under Pennsylvania law (see 18 Pa. Cons. Stat. Ann. § 6105(c)(7), (8)) for a period of 15 years or until the person is age 30;

• A person who is the subject of an active protection from abuse order that provides for the relinquishment of firearms; or

• A person who is prohibited by 18 U.S.C. § 922(g)(9) (conviction for a misdemeanor crime of domestic violence by any court) from possessing or acquiring a firearm.

A person who has been convicted of driving under the influence on three or more separate occasions within a five-year period is prohibited from purchasing but not possessing a firearm. Section 6105(c)(3).

Pennsylvania law allows persons who are prohibited by Pennsylvania law from possessing firearms by virtue of a criminal conviction to apply to the court of common pleas of the county where the principal residence of the applicant is situated for relief from the firearm prohibition. Section 6105(d). A hearing must be held in open court, and the commissioner and the district attorney of the county where the application is filed and any victim or survivor of a victim of the offense upon which the disability was based may be parties to the proceeding. Section 6105(e). The court must grant the relief if ten years have passed since the conviction. Id. See also section 6105.1 (purporting to restore federal firearms eligibility to persons convicted under Pennsylvania’s prior laws). Note that federal law still considers a person to be prohibited from purchasing and possessing firearms even if state law purports to have restored his or her firearms eligibility, unless the person has had all of his or her civil rights restored (not just his or her firearms eligibility). See 18 U.S.C. § 921(a)(20), (33). United States v. Essig, 10 F.3d 968 (3rd Cir. 1993); United States v. Leuschen, 395 F.3d 155 (3rd Cir. 2005). See also Pa. State Police v. Paulshock, 836 A.2d 110 (Pa. 2003).

A person prohibited from possessing firearms because he or she was adjudicated incompetent or involuntarily committed to a mental institution may similarly petition a court for relief from disability, in which case the hearing must be closed. Section 6105(f)(1), (3). The court may grant such relief as it deems appropriate if it determines that the applicant may possess a firearm without risk to himself or herself or any other person. Section 6105(f)(1).

Registration of Guns

Firearm dealers must provide a record of the sale of handguns and certain other firearms to the Firearms Division of the Pennsylvania State Police, which maintains a permanent database of handgun sales. 18 Pa. Cons. Stat. Ann. § 6111(b). However, this database does not constitute a registry of gun ownership, and the State Police maintains no record of long gun sales. Allegheny County Sportsmen's League v. Rendell, 860 A.2d 10, 16 (Pa. 2004).

Pursuant to 18 Pa. Cons. Stat. Ann. § 6111.4, "nothing in this chapter shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership" within Pennsylvania. Section 6111(b)(1.1)(v), relating to background checks for firearm transfers, provides that "no information on the application/record of sale provided pursuant to this subsection shall be retained as precluded by section 6111.4…by the Pennsylvania State Police." Section 6111(b)(1.1)(v) also requires the State Police to destroy any application or record of sale of a long gun within 72 hours of the background check.

In Allegheny County Sportsmen's League v. Rendell, 860 A.2d 10 (Pa. 2004), the Supreme Court of Pennsylvania interpreted sections 6111(b)(1.1)(v) and 6111.4 as permitting the Pennsylvania State Police to maintain a database of the purchasers of handguns, but not of long guns. The court reasoned that section 6111(b)(1.1)(v)’s requirement that applications and records of sale of long guns be destroyed within 72 hours of the background check does not apply to applications and records of sale of handguns. Id. at 18. Furthermore, the database maintained by the Pennsylvania State Police did not constitute a registry of firearm ownership because it only contained applications and records of sale. Id. at 22.

In addition, 23 Pa. Cons. Stat. Ann. § 6108.4 states that nothing in 23 Pa. Cons. Stat. Ann. §§ 6101-6122 (regarding domestic violence) shall be construed to allow any person or entity to create, maintain or operate a database or registry of firearm ownership, although information may be retained to ensure compliance with these statutes and to document the return of firearms to persons no longer subject to protective orders. Such information is not subject to public disclosure.

Reporting of Lost or Stolen Firearms

In 2008, Pennsylvania amended 18 Pa. Cons. Stat. Ann. § 4906, which prohibits reporting an offense or incident to law enforcement authorities knowing that it did not occur, to make the offense graded one step greater if the false report involves the theft or loss of a firearm. No other relevant statutes currently exist.

Waiting Periods

No relevant statutes currently exist.