Pennsylvania lawmakers create gun laws to regulate the ownership, possession, and use of firearms. These laws require background checks, mandate permits for concealed carrying of firearms, determine who cannot own a gun, and describe firearm-related violations.
If you are accused of violating gun laws in Pennsylvania, you want a Philadelphia gun charge defense lawyer on your side. They can help you understand the applicable laws, the accusations against you, and the possible penalties you could face. They will also develop a strong defense strategy to help you avoid the harshest consequences.
What Laws Apply to Gun Ownership, Possession, and Use in Pennsylvania?
The gun laws in Pennsylvania do not require a permit to buy or own a firearm. However, restrictions still apply. In addition to federal laws related to buying and owning guns, Pennsylvania has state laws that set numerous requirements for purchasing and using firearms.
Background Check Requirements for Firearm Purchases
Under 18 Pa. Code § 6111, licensed dealers must conduct background checks when selling firearms. Background checks are also required to purchase a handgun in a private sale. However, Pennsylvania law does not require background checks for long guns, such as rifles or shotguns sold privately.
In Pennsylvania, you must be at least 21 years old to purchase a handgun and 18 years old to purchase a long gun.
Who is Prohibited from Owning Firearms in Pennsylvania?
Federal and state laws prohibit some individuals from firearm ownership or possession. Per 18 Pa. Code § 6105, this includes:
- Those previously convicted of a violent crime, including some misdemeanors
- Those convicted of domestic violence-related offenses
- Convicted felons
- Individuals who have an active Protection from Abuse order (PFA) against them
- Those determined to be mentally incompetent by the court
- Fugitive from justice
- Drug users or addicts
Obtaining a Concealed Carry Permit in Pennsylvania
According to the Pennsylvania State Police, you must have a License to Carry Firearms (LTCF) to carry a concealed handgun. This generally requires applying for a permit through your county sheriff’s department or another law enforcement agency. They will conduct a mental health and criminal background check and ensure you meet the criteria listed under 18 Pa. Code § 6109.
Open Carry Regulations in Pennsylvania
Open carry is generally legal in Pennsylvania without a permit. It is prohibited in areas where guns are not allowed, such as schools or courthouses. Philadelphia also has special regulations related to open carry. Under 18 Pa. Code § 6108, open carry without a permit is illegal in Philadelphia. You must have an LTCF to carry any type of gun—concealed or open carry—in Philadelphia.
Pennsylvania Rules for Transportation of Firearms
Pennsylvania lawmakers outline how gun owners can legally transport firearms under 18 Pa. Code § 6106. In general, those with an LTCF can carry handguns or long guns in their vehicle without restriction. Those without a carry permit can transport firearms for valid purposes as long as they are unloaded, secured, and not accessible to those in the vehicle.
Using a Firearm in Self-Defense under Pennsylvania Law
Pennsylvania law allows the use of deadly force to protect yourself and others under certain circumstances. These are proverbially known as the Castle Doctrine and Stand Your Ground law. The laws that provide these rights are found under 18 Pa. Code. § 505 and 18 Pa. Code. § 506.
Firearm Restrictions in Domestic Violence Cases
Under 18 Pa. Code. § 6105 and 23 Pa. Code § 6108.3, those who have a PFA order issued against them must relinquish their firearms to a third party for safekeeping until the order expires or otherwise ends. This requirement applies even if the firearm was not involved in the alleged abuse. This is meant to prevent access to guns from escalating these domestic violence cases to more serious violent crimes.
Prohibited Locations for Carrying Firearms in Pennsylvania
Even with a valid carry permit, there are certain places where you cannot carry firearms. Under 18 Pa. Code § 913 and several other laws, this could include:
- Schools: It is illegal to possess a firearm on elementary, middle, or high school campuses or on school buses. This includes recreational activities held on school grounds, too.
- Courthouses: Firearms are prohibited in courthouses or courtrooms unless authorized, which is generally limited to active law enforcement officers.
- Government Buildings: Certain other government buildings restrict firearms, too. This includes federal, state, and municipal buildings. When a government building posts a sign banning firearms, the restriction is legally enforceable by law enforcement.
Pennsylvania’s Firearm Reciprocity Agreements
Pennsylvania has reciprocity agreements with other states that allow individuals with a valid License to Carry Firearms from one state to legally carry a concealed weapon in Pennsylvania. According to the Pennsylvania State Police, the Attorney General maintains the updated list of states with reciprocity.
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Consequences of Violating Pennsylvania’s Gun Laws
While lawmakers provide options for open carry and getting a License to Carry Firearms, Pennsylvania gun laws are stringent when it comes to protecting the public and ensuring only those who should buy and possess guns do so.
If you violate a restriction on firearm possession when you are not supposed to own a gun, you could face serious consequences. You could face charges and penalties for other gun law violations, such as improperly transporting a firearm or carrying a concealed weapon without a permit.
Do I need a Pennsylvania Gun Charges Attorney if I was Arrested?
If you face arrest or charges for any type of gun crime in Pennsylvania, you will want a criminal defense lawyer on your side. Not only could you face jail time and/or fines, but you could also lose the right to own firearms.
Call an attorney familiar with Pennsylvania’s gun laws as soon as possible after your arrest to ensure you have them by your side, protecting your rights throughout this process.
Contact Our Office to Discuss Your Charge for Violating Pennsylvania’s Gun Laws Today
You can get a free, confidential consultation from the Law Offices of M.J. Snyder, LLC, today. Our criminal defense lawyer represents those facing criminal accusations or gun charges in Pennsylvania. Contact us today to get started.
