Persons not to Possess Firearms
It is a crime in Pennsylvania for certain classes of people to carry firearms. The criminal statute penalizing this conduct is entitled “Persons not to possess, use, manufacture, control, sell or transfer firearms” and can be found in the Pennsylvania Crimes Code at 18 Pa.C.S. §6105. Persons convicted of certain crimes such as murder, rape, robbery, burglary and arson are all disqualified from possessing firearms for any reason whatsoever. Click on the link to the statute above and refer to subsection (b) to see the complete list of crimes that disqualify individuals from possessing firearms. Persons are also disqualified from possessing firearms if they are convicted of a similar offense in another state or in the federal system. The crimes listed in subsection (b) of this statute are typically more serious and/or violent crimes. However, contrary to popular belief, convicted felons are not the only people prohibited from possessing firearms.
You are PROHIBITED from Possessing a Firearm in Pennsylvania if any of the following apply:
- You were convicted of any offense listed in subsection (b) of 18 Pa.C.S. §6105;
- You are a fugitive from justice;
- You were convicted of a state or federal drug crime that is punishable by a term of imprisonment exceeding two years;
- *Please note that in Pennsylvania, Possession of Marijuana or Possession of Drug Paraphernalia will not disqualify you from owning a firearm. Only a serious drug offense such as Possession with intent to deliver will keep you from owning a firearm.
- You were convicted of DUI in Pennsylvania on three or more separate occasions within a five-year time frame.
- You were adjudicated incompetent as a juvenile or were involuntarily committed to a mental institution for inpatient care or treatment under section 302, 303, or 304 of the Pennsylvania Mental Health Procedures Act. If you were committed under section 302, the treating doctor must issue a certification that inpatient care was necessary or that you were committable.
- You are an illegal alien in this country;
- You are the subject of a Protection from Abuse Order (PFA) which specifies you are not to possess firearms;
- You are prohibited by federal statute. See 18 U.S.C. §922(g)(9)
If you were recently convicted of one of the enumerated offenses or one of the following circumstances above apply to you, you have 60 days from the date of the conviction or the date of the disability to transfer and get rid of all firearms in your possession.
A conviction under this statute will be graded as a felony of the second degree if you are a person not to possess under subsection (b). If you are the subject of an active protection from abuse order (PFA), and ordered NOT to possess a firearm your conviction will be graded as a misdemeanor of the first degree (M-1).
Contact Jason R. Antoine, Esquire, Pennsylvania Gun Attorney by email or by filling out the contact form to this website for more information. Attorney Antoine has been successful in prosecuting and defending violations of the crimes code pertaining to Persons prohibited from possessing a firearm.