Pennsylvania Weapon Restrictions: What You Can Own

Pennsylvania Weapon Restrictions

Pennsylvania's firearm restrictions are organized around the prohibitor list at 18 Pa.C.S. § 6105 (who cannot possess) and a small set of category-specific rules covering altered serial numbers, minors, dealer licensing, and certain ammunition. Pennsylvania has no assault-weapons ban, no magazine-capacity limit, and no approved-handgun roster.

Students arriving from California, New York, or New Jersey often assume there is a state-maintained list of approved handguns or a hard cap on magazine rounds. There is not. If the firearm is federally legal and the owner is not a § 6105 prohibited person, Pennsylvania state law does not impose model-specific or capacity-specific restrictions. Carry licensing under 18 Pa.C.S. § 6109, the offense of carrying without a license under 18 Pa.C.S. § 6106, reciprocity, and place-based restrictions are covered in the CONCEALED_CARRY, RECIPROCITY, and PROHIBITED_PLACES sections.

Prohibited Persons (18 Pa.C.S. § 6105)

Section 6105 is the master prohibitor statute. A person who falls into any of its categories cannot possess, use, control, sell, transfer, or manufacture a firearm in Pennsylvania, and cannot obtain a license to do any of those things. § 6105(a)(1). The prohibition is triggered two ways: by conviction of an enumerated offense (subsection (b)) or by status (subsection (c)).

Status-based prohibitors (§ 6105(c))

You are prohibited from possessing a firearm in Pennsylvania if any of the following describes you:

• You are a fugitive from justice. A nonmoving or moving summary offense under Title 75 (vehicles) does not count for this purpose. § 6105(c)(1).
• You have been convicted of an offense under The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent federal or out-of-state statute, that may be punishable by a term of imprisonment exceeding two years. § 6105(c)(2).
• You have been convicted of driving under the influence under 75 Pa.C.S. § 3802 (or the former 75 Pa.C.S. § 3731) on three or more separate occasions within a five-year period. For DUI prohibitors, the bar applies only to transfers or purchases of firearms after the third conviction. § 6105(c)(3).
• You have been adjudicated as an incompetent, or have been involuntarily committed to a mental institution for inpatient care and treatment under section 302, 303, or 304 of the Mental Health Procedures Act. A section 302 commitment does not trigger the prohibition unless the examining physician certified that inpatient care was necessary or that the person was committable. § 6105(c)(4).
• You are an alien illegally or unlawfully in the United States. § 6105(c)(5).
• You are the subject of an active final protection from abuse order under 23 Pa.C.S. § 6108 that required relinquishment of firearms, or you are subject to an active protection from abuse order under 23 Pa.C.S. § 6107(b) that provided for the relinquishment of firearms, or you are otherwise prohibited under 18 U.S.C. § 922(g)(8). The state-law prohibition terminates when the order or relinquishment portion expires or is vacated. § 6105(c)(6).
• You were adjudicated delinquent under 42 Pa.C.S. § 6341 (or any equivalent federal or out-of-state statute) for conduct that, if committed by an adult, would constitute murder, voluntary manslaughter, aggravated assault, assault by prisoner, assault by life prisoner, kidnapping, rape, involuntary deviate sexual intercourse, arson, burglary, robbery, or theft by extortion. § 6105(c)(7).
• You were adjudicated delinquent for any other offense enumerated in subsection (b). This prohibition terminates 15 years after the last applicable adjudication or when you reach age 30, whichever is earlier. § 6105(c)(8).
• You are prohibited under 18 U.S.C. § 922(g)(9) for a misdemeanor crime of domestic violence. Per § 6105(c)(9) and 18 U.S.C. § 921(a)(33)(A)(ii), the qualifying domestic relationship is satisfied if the victim was a current or former spouse, parent, or guardian; a person sharing a child in common; a current or former cohabitant as a spouse, parent, or guardian; or a person similarly situated. The relationship need not be an element of the convicting statute.
• You have been convicted of failing to relinquish firearms under § 6105(a.1)(2). This prohibition terminates five years after the date of conviction, final release from confinement, or final release from supervision, whichever is later. § 6105(c)(10).

Offense-based prohibitors (§ 6105(b))

A conviction for any of the following Title 18 offenses, regardless of the length of sentence, triggers the § 6105 prohibition. Equivalent offenses under prior Pennsylvania law or under any other state or federal statute count.

A felony under The Controlled Substance, Drug, Device and Cosmetic Act (or any equivalent federal or out-of-state felony) also triggers the felony penalty grading at § 6105(a.1).

Federal prohibitors that flow through

Federal law at 18 U.S.C. § 922(g) bars possession by anyone convicted of a crime punishable by imprisonment exceeding one year, fugitives from justice, unlawful users of or addicts to controlled substances (ATF treats marijuana use as disqualifying regardless of state legalization), persons adjudicated as mental defectives or committed to a mental institution, persons discharged from the Armed Forces under dishonorable conditions, persons unlawfully in the United States, persons who have renounced United States citizenship, persons subject to a qualifying domestic protective order under § 922(g)(8), and persons convicted of a misdemeanor crime of domestic violence under § 922(g)(9). Section 6105 incorporates the § 922(g)(8) and § 922(g)(9) categories directly. The other federal categories operate independently of state law. Note that being under indictment for a felony is a separate federal bar on receiving (not possessing) a firearm under 18 U.S.C. § 922(n), not part of § 922(g).

Penalties under § 6105(a.1)

For a first-degree felony graded under § 6105(a.1)(1.1), the Pennsylvania Commission on Sentencing must provide a sentencing enhancement under 42 Pa.C.S. § 2154.

Wind-down and restoration

Once a § 6105 disability attaches, you generally have up to 60 days to sell or transfer your firearms to another eligible person who is not a member of your household. § 6105(a)(2)(i). The 60-day window does not apply to PFA disabilities under § 6105(c)(6); those follow 23 Pa.C.S. § 6108(a)(7), § 6108.2, or § 6108.3. A § 6105(c)(9) misdemeanor-crime-of-domestic-violence disability follows the relinquishment procedure in § 6105.2.

Pennsylvania's narrow restoration mechanism at § 6105.1 covers only convictions for offenses under prior Pennsylvania law that qualify as a "disabling offense," and the court must deny restoration if the applicant has any other § 6105(a) or (b) conviction, meets several of the § 6105(c) status criteria, has any other crime punishable by more than one year, or has a character and reputation that would make the applicant likely to act in a manner dangerous to public safety. A Governor's pardon, or an overturned conviction, is the standard route for restoring rights after a modern felony conviction. Section 6123 removes most chapter disabilities upon a federal § 925 waiver, a full Governor's pardon, or an overturned conviction, but § 6123 expressly does not lift the § 6105 disability.

For mental-health matters, § 6111.1(g) lets the Pennsylvania State Police expunge involuntary commitment records when a court vacates the underlying order or certification, when a court finds the supporting evidence insufficient, or when a section 302 commitment is followed within two hours of arrival by a physician's signed determination that no severe mental disability existed. Successful expungement removes the § 6105(c)(4) state disability.

Minors and Firearms (18 Pa.C.S. § 6110.1)

A person under 18 cannot possess or transport a firearm anywhere in Pennsylvania. § 6110.1(a). Two exceptions apply.

1. Adult supervision. A minor may possess a firearm while under the supervision of a parent, grandparent, legal guardian, or an adult acting with the express consent of the minor's custodial parent or legal guardian, and the minor is engaged in lawful activity such as safety training, lawful target shooting, organized competition involving the use of a firearm, or transporting an unloaded firearm for a lawful purpose. § 6110.1(b)(1).
2. Lawful hunting or trapping. A minor lawfully hunting or trapping in compliance with Title 34 (game) is exempt. § 6110.1(b)(2).

An adult who knowingly and intentionally delivers a firearm to a minor in violation of this section commits a felony of the third degree. § 6110.1(c). Any firearm seized from a minor in violation of the section is forfeited, or if stolen returned to the lawful owner, on conviction or adjudication. § 6110.1(d).

For instructors running youth programs, the operative requirement is supervision by a qualifying adult. Range release forms and parental consent paperwork are not legal requirements under § 6110.1, but they are how instructors document compliance.

The federal handgun rules at 18 U.S.C. § 922(x) add another layer: a non-licensee may not transfer a handgun or handgun ammunition to a person under 18. Federal § 922(b)(1) prohibits FFLs from selling long guns to anyone under 18 and handguns to anyone under 21.

Altered Manufacturer's Number (18 Pa.C.S. § 6110.2)

No person may possess a firearm with the manufacturer's number integral to the frame or receiver altered, changed, removed, or obliterated. § 6110.2(a). A violation is a felony of the second degree. § 6110.2(b). The "firearm" definition for this section follows § 6105(i) but does not include antique firearms as defined in § 6118. § 6110.2(c).

This is a strict-liability concern when buying used firearms. If the serial number on a frame or receiver is unreadable, defaced, or has been re-stamped, possession alone violates the statute regardless of how the alteration occurred or who caused it. Section 6117 separately criminalizes the act of changing, altering, removing, or obliterating the manufacturer's number, also as a felony of the second degree. § 6117(a), (c).

Background Checks on Sales and Transfers (18 Pa.C.S. § 6111)

Pennsylvania runs its own background check system. The Pennsylvania Instant Check System (PICS), administered by the Pennsylvania State Police under § 6111.1, is used for in-state firearm transfers in place of a dealer running federal NICS directly.

Handguns

For handguns (firearms within the § 6102 barrel-length definition), the seller must obtain a completed application/record of sale, inspect photo identification, request a PICS check by telephone (fee capped at $2 per buyer or transferee), receive a unique approval number, and issue the buyer a receipt containing the approval number as prima facie evidence of compliance. § 6111(b)(1)-(5). The original application/record of sale goes to the State Police, postmarked within 14 days. The dealer keeps one copy for 20 years and provides one copy to the buyer. § 6111(b)(1).

Long guns

For long guns exceeding the § 6102 barrel lengths, the dealer runs an instantaneous PICS check and submits a periodic statement listing the number of firearms sold, the surcharge and fees, and the unique approval numbers. § 6111(b)(1.4). No application/record of sale is retained for cleared long-gun buyers; information received by the State Police is destroyed within 72 hours of completing the background check. § 6111(b)(1.1)(v).

Private (person-to-person) transfers

A private transfer of a handgun (or other firearm within the § 6102 definition) may only occur at the place of business of a licensed importer, manufacturer, dealer, or at a county sheriff's office, with that party running the § 6111 procedure as if selling. § 6111(c). Three relationships are exempt: transfers between spouses, between a parent and child, and between a grandparent and grandchild. Because § 6111(a) and (c) apply only to short-barreled firearms under § 6111(f)(2), private long-gun transfers are not subject to the § 6111(c) dealer/sheriff requirement, although federal liability under 18 U.S.C. § 922(d) still attaches if the transferor has reasonable cause to believe the transferee is prohibited.

Straw purchase question and confidentiality

Every § 6111(b) application asks whether the buyer is the actual buyer. You are not the actual buyer if you are acquiring the firearm on behalf of another person, unless it is a legitimate gift for a spouse, parent, child, grandparent, or grandchild who is legally eligible. § 6111(b)(1). Knowingly and intentionally making a materially false oral or written statement in connection with the purchase or transfer is a felony of the third degree. § 6111(g)(4).

All information furnished by a purchaser or transferee under § 6111, and by a § 6109 license applicant, is confidential and not subject to public disclosure. § 6111(i). Violation creates civil liability of $1,000 per occurrence or three times actual damages, whichever is greater, plus reasonable attorney fees.

Penalties

Dealer Licensing (18 Pa.C.S. § 6113)

To sell firearms direct to the consumer in Pennsylvania, a dealer must hold a state license issued by the chief or head of the police force of a city or, elsewhere, by the county sheriff. The license is effective for three years; the fee is $30, paid into the county treasury. § 6113(a)-(b).

License conditions: business only on the licensed premises or at a lawful gun show or meet; the license displayed where it can easily be read; no sale in violation of the subchapter; the buyer personally known or presenting clear evidence of identity; a true record in triplicate of every firearm sold, signed by both parties in each other's presence and retained for 20 years; firearms not displayed where they can readily be seen from outside; and all applicable current revenue licenses held. § 6113(a)(1)-(7). A license may be revoked for cause on written notice. § 6113(c). The state license is in addition to the federal FFL; both are required.

Loans, Lending, and Giving Firearms (18 Pa.C.S. § 6115)

Section 6115 prohibits any loan secured by mortgage, deposit, or pledge of a firearm, and prohibits lending or giving a firearm to another person, except in defined circumstances. § 6115(a).

Subsection (a) does not apply if any of the following describes the recipient. § 6115(b)(1):

• The recipient is licensed to carry a firearm under § 6109.
• The recipient is exempt from licensing.
• The recipient is engaged in a hunter safety program certified by the Pennsylvania Game Commission, or a firearm training program or competition sanctioned or approved by the National Rifle Association.
• The recipient is under 18 and, under § 6110.1, is under the supervision, guidance, and instruction of a responsible individual who is at least 21 and is not prohibited under § 6105.
• The recipient is lawfully hunting or trapping in compliance with Title 34.
• A bank or other chartered lending institution is able to adequately secure the firearm in its possession.

In addition, § 6115 does not prohibit:

• Transfer of a firearm under 20 Pa.C.S. Ch. 21 (intestate succession) or by bequest, if the recipient is not prohibited under § 6105. § 6115(b)(2).
• Loaning or giving a firearm to another in one's dwelling or place of business, if the firearm is retained within the dwelling or place of business. § 6115(b)(3).
• Relinquishment to a third party for safekeeping under 23 Pa.C.S. § 6108.3. § 6115(b)(4).

Practical translation for instructors: an unlicensed adult range visitor may not be handed a borrowed firearm at an outdoor public range unless they fall into one of the § 6115(b) categories, most commonly the NRA-approved training or competition exception. Inside a licensed range or training facility that qualifies as a place of business, the dwelling or place-of-business exception in § 6115(b)(3) covers in-house instruction so long as the firearm stays on the premises.

Antique Firearms (18 Pa.C.S. § 6118)

The subchapter does not apply to antique firearms, with two exceptions: § 6106 still applies to antique firearms, reproductions, or replicas carried as concealed weapons, and § 6105 still applies to antiques, reproductions, or replicas that are suitable for use. § 6118(a)-(b). Suitable-for-use antiques therefore remain subject to the § 6105 prohibitor list. The exemption is narrower than students often assume.

An "antique firearm" under § 6118(c) means any firearm with a matchlock, flintlock, or percussion cap ignition system; any firearm manufactured on or before 1898; or any replica of a pre-1898 firearm that is not designed or redesigned for rimfire or conventional centerfire fixed ammunition, or that uses ammunition no longer manufactured in the United States and not readily available in the ordinary channels of commercial trade.

Certain Bullets Prohibited (18 Pa.C.S. § 6121)

Section 6121 makes it unlawful to possess, use, or attempt to use a KTW teflon-coated bullet or other armor-piercing ammunition while committing or attempting to commit a crime of violence as defined in § 6102. § 6121(a). The offense is a felony of the third degree. § 6121(b).

Sentencing under § 6121(c) is severe. A person convicted of a crime of violence who used or carried, in the commission of that crime, a firearm loaded with KTW ammunition, or any person who otherwise violates § 6121, must be sentenced to a mandatory minimum of five years' imprisonment in addition to the punishment for the underlying crime. The court cannot suspend the sentence, place the defendant on probation, or run the term concurrently with any other term, including the underlying crime. The defendant is not eligible for parole.

"Armor-piercing ammunition" for § 6121 purposes means ammunition determined, under the National Institute of Law Enforcement and Criminal Justice ballistic-resistance test (Type IIA, Standard NILECJ-STD-0101.01, December 1978), to be capable of penetrating bullet-resistant apparel or body armor. § 6121(d).

For ordinary lawful possession outside a crime of violence, Pennsylvania state law does not prohibit possession of armor-piercing rifle or handgun ammunition. The federal restrictions on armor-piercing ammunition under 18 U.S.C. § 921(a)(17)(B) and § 922(a)(7)-(8) still apply at the manufacture, import, and sale level.

What Pennsylvania Does Not Restrict

• No assault-weapons ban. Pennsylvania has no state-law equivalent of the 1994 federal ban or the New York, New Jersey, California, Connecticut, Maryland, or Massachusetts state bans. AR-pattern and AK-pattern rifles and other semi-automatic rifles are not feature-restricted.
• No magazine-capacity limit. There is no state cap on magazine capacity for handguns or rifles. Standard-capacity magazines are lawful, subject to the § 6105 framework that applies to the firearm itself.
• No approved-roster requirement. Pennsylvania does not maintain a list of approved or certified handguns. Any handgun federally legal to manufacture, import, and sell may be sold to a non-prohibited person.
• No state firearm registry. Section 6111.4 expressly prohibits any government or law enforcement agency in Pennsylvania from creating, maintaining, or operating a registry of firearm ownership.
• No state-level NFA ban. Suppressors, short-barreled rifles, short-barreled shotguns, and machine guns lawfully registered under the federal National Firearms Act are lawful to possess in Pennsylvania. The NFA_ITEMS section covers the federal procedure and tax.
• No state ban on handgun calibers, "Saturday night specials," or pocket pistols by size or weight. Federal import restrictions under 18 U.S.C. § 925(d)(3) still apply at the manufacturer or importer level.

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