Pennsylvania's Gun Laws: What Every Resident Should Know
As an attorney serving Allegheny County and the greater Pittsburgh area, I’ve seen firsthand how confusing Pennsylvania’s gun laws can be for residents. Whether you’re a gun owner, considering purchasing a firearm, or simply want to understand your rights, it’s essential to stay informed. Misunderstanding the law can lead to unintended consequences, including criminal charges. At Frank Walker Law, I’m committed to helping you navigate these legal complexities. Here’s a breakdown of what every Pennsylvania resident should know about gun laws.
1. The Basics of Gun Ownership in Pennsylvania
Pennsylvania is a “shall-issue” state, meaning that as long as you meet the requirements, the state must issue you a license to carry a firearm. However, owning a firearm does not automatically give you the right to carry it concealed or openly in public.
- No License Required for Ownership: You don’t need a license to purchase or own a firearm, but you must pass a background check through the Pennsylvania Instant Check System (PICS).
- Open Carry: Pennsylvania allows open carry of firearms without a license, except in Philadelphia, where a license is required.
- Concealed Carry: To carry a firearm concealed, you must obtain a License to Carry Firearms (LTCF) from your local county sheriff’s office.
2. Eligibility Requirements for a License to Carry
To obtain an LTCF, you must:
- Be at least 21 years old.
- Be a U.S. citizen or lawful permanent resident.
- Have no criminal record that disqualifies you from owning a firearm (e.g., felony convictions or certain misdemeanors).
- Pass the required background check.
Any false information provided during your application process can result in criminal charges, so it’s crucial to be truthful and thorough.
3. Prohibited Possessors
Under Pennsylvania law, certain individuals are prohibited from owning or possessing firearms. These include:
- Convicted felons.
- Individuals with a history of domestic violence who are subject to a Protection from Abuse (PFA) order.
- Individuals adjudicated as mentally incompetent.
If you’re unsure about your eligibility, consult an attorney before attempting to purchase or possess a firearm.
4. Stand Your Ground and Self-Defense Laws
Pennsylvania has a "Stand Your Ground" law, which allows individuals to use force, including deadly force, in self-defense without a duty to retreat if they are:
- Legally present in the location where the force is used.
- Not engaged in illegal activity.
- Facing an imminent threat of death, serious bodily injury, kidnapping, or sexual assault.
However, the law is nuanced, and applying it improperly can lead to criminal charges. Always consult an attorney if you’re involved in a self-defense situation.
5. Transporting Firearms in Pennsylvania
If you’re transporting a firearm, here are some key points to remember:
- Without an LTCF: You can transport a firearm only for specific purposes, such as going to a shooting range, hunting, or having the firearm repaired. It must be unloaded and stored in a secure container.
- With an LTCF: You can transport your firearm freely, but it’s still essential to ensure the firearm is secure and follows federal transportation laws.
6. Penalties for Violating Gun Laws
Violating Pennsylvania’s gun laws can result in serious consequences, including:
- Felony charges for carrying a concealed firearm without an LTCF.
- Mandatory minimum sentences for crimes committed with a firearm.
- Loss of gun ownership rights for certain convictions.
If you’ve been charged with a gun-related offense, it’s crucial to contact an experienced criminal defense attorney immediately. At Frank Walker Law, I’ll fight to protect your rights and build a strong defense.
7. How Federal Laws Impact Pennsylvania Gun Owners
Federal gun laws also apply to Pennsylvania residents. These include restrictions on owning certain types of firearms, such as fully automatic weapons, and prohibitions for individuals convicted of domestic violence misdemeanors.
Final Thoughts
Understanding Pennsylvania’s gun laws is critical for every resident, whether you’re a seasoned firearm owner or new to gun ownership. Staying informed and compliant not only protects your rights but also ensures the safety of those around you. If you have questions about gun laws or are facing legal challenges related to firearms, contact Frank Walker Law for expert guidance.
As your trusted advocate in Allegheny County and beyond, I’m here to provide the legal support you need. Call me today to schedule a consultation and take the first step in safeguarding your rights and future.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.