Gun laws in Pennsylvania regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Pennsylvania in the United States.
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Summary table
Maps Gun laws in Pennsylvania
Purchasing a firearm
To purchase a firearm, you must be at least 18 years of age. You also can never have been convicted of a violent crime, must not be an undocumented immigrant, declared mentally ill by the court, a drug addict or habitual drunkard, a fugitive from justice, have been convicted of three separate DUI charges within a five-year period or are subject to an active protection from abuse order.
No firearms are known to be prohibited by state law. Private sales of handguns must go through a licensed dealer, though long guns may be sold privately without the use of a licensed dealer. Licensed dealers must provide locking devices with handguns unless the handgun has a locking device incorporated in its design.
In Pennsylvania, there are more than 2,500 federally licensed firearm dealers where one may make a purchase. Individuals interested in purchasing a firearm must first fill out an application with their basic information. Once the application has been completed, the firearms dealer will input the information into the Pennsylvania Instant Check System to check if the individual is legally allowed to own a firearm. On average in Pennsylvania, this background check costs $20.00 for handgun purchases and $25.00 for a long gun purchase.
Residents in Pennsylvania may also purchase firearms from gun shows and private dealers. When purchasing from a federally licensed dealer, the process remains the same. However, when purchasing a long gun from a private dealer, an individual is exempt from obtaining a background check. When purchasing a handgun from a private dealer, the individual is legally required to complete a firearm transfer at a federally licensed dealer. There is a $2 fee for the instant check and a $3 firearm sale surcharge to cover telephone costs.
Transfers of handguns between spouses, parent and child, grandparent and grandchild or between active law enforcement officers are exempt from the above requirements. Rifles and shotguns may be transferred between unlicensed individuals. Antique firearms are exempt from the requirements regarding transfer of firearms through dealers.
Definition of a firearm
The Pennsylvania Uniform Firearms Act defines "firearm" as "any pistol or revolver with a barrel less than 15 inches, any shotgun with a barrel less than 18 inches, any rifle with a barrel of less than 16 inches or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches." However, several sections of the law include a broader definition that includes all firearms, i.e. handguns, rifles and shotguns, and pertains to that section only. The distinction should be closely noted when interpreting the statutes.
Gun Dealer requirements
Dealers are prohibited from transferring the firearm if the Pennsylvania State Police has issued a "temporary delay" in order to investigate whether the person has been convicted of a domestic violence misdemeanor that disqualifies the person from firearm possession.
To sell a handgun or short-barreled rifle or shotgun, a dealer must also:
- 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 Pennsylvania State Police 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.
Concealed carry and transport
Individuals in Pennsylvania are permitted to open carry firearms as long as the firearm is in plain view. When concealing a firearm, individuals must obtain a Concealed Carry Permit from the local sheriffs' office. An individual must have a Concealed Carry Permit to carry loaded firearm in Pennsylvania.
In first-class cities, such as Philadelphia, a permit is required for both concealed carry, and open carry. A total of 31 states recognized Pennsylvania's permit to concealed carry.
When transporting firearms in Pennsylvania without a Concealed Carry Permit, the firearm and ammunition must be in two separate containers within the vehicle.
To apply for a license to carry in Pennsylvania, individuals must be at least 21 years of age. The application process requires submitting the Pennsylvania License to Carry Firearms application to the sheriff of the county in which they reside. Individuals who are not residents of Pennsylvania but are 21 years of age or older may submit the Application for a Pennsylvania License to Carry Firearms to any Pennsylvania County Sheriff's office along with the required fee.
Firearms are prohibited from certain places, including federal court facilities; all other court facilities must provide a locker to secure your firearm while conducting business within the court facility as per 18 Pa.C.S 913 (e). Concealed carry on school property used to be an unsettled area of the law with many in law enforcement arguing that the practice is absolutely prohibited and firearms right supporters arguing that 18 Pa.C.S. 912(c) permits those who have a concealed carry license to carry on school grounds as an "other lawful purpose." On February 16, 2017, the Superior Court ruled in the case of Commonwealth v. Goslin that the "other lawful purpose" clause is a valid defense for people who are otherwise carrying a weapon legally on school grounds regardless of any connection to a school activity. Carrying a handgun on public streets and public property of Philadelphia, or in a vehicle anywhere in the state, or concealed on or about one's person anywhere in the state is prohibited without a "License To Carry Firearms" (LTCF) or a license or permit issued by another state which is honored by Pennsylvania for that purpose. A LTCF is generally not required to openly carry a firearm on or about one's person, except in a vehicle or in Philadelphia, or during a declared State of Emergency. A bill proposed in September 2014 would allow teachers and school employees carry guns. In 2017, Representative Rick Saccone introduced House Bill 170 to remove the requirement to obtain a license in order to carry a firearm.
Pennsylvania shall issue a LTCF to resident and non-resident applicants if no good cause exists to deny the license. Non-resident applicants must first obtain a license from their home state, unless their home state does not issue licenses.
Laws and regulations
Article 1, section 21 of the Constitution of Pennsylvania states, "The right of the citizens to bear arms in defense of themselves and the State shall not be questioned."
Pennsylvania has state preemption for regulation of the lawful ownership, possession, transfer or transportation of firearms, ammunition, or ammunition components. That is, only state laws, not local laws, can regulate those matters.
Most items that are required to be registered under the National Firearms Act such as machine guns, suppressors, short barreled rifles and shotguns, are prohibited in Pennsylvania as "offensive weapons" unless they are registered under the NFA.
There are no regulating laws for the sale, purchase, or possession of ammunition, however armor-piercing ammunition is illegal in the state.
Pennsylvania law requires that information received by the Pennsylvania State Police pursuant to a sale is destroyed within 72 hours of the completion of the background check. The Pennsylvania Firearm Owners Association notes that the Pennsylvania State Police nonetheless keep a "sales database" of all handguns purchased within the state. The database was challenged based on what was asserted as the unambiguous text of the statute, specifically "nothing... ...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 this Commonwealth" (full statute text above), the Pennsylvania Supreme Court nonetheless ruled in Allegheny County Sportsmen's League v. Rendell, 860 A.2d 10 (Pa. 2004), that Pennsylvania's database of handgun sales is not prohibited by state law because the registration was only of handgun sales and not of all guns.
Act 192 allowed gun owners and firearm advocacy groups to file suit against local municipalities for their gun control ordinances. Philadelphia, Lancaster, Pittsburgh and five democratic legislators filed suit on the grounds that the act was unconstitutional. The Pennsylvania Supreme Court ruled in favor of the cities and five legislator that the act was unconstitutional on the grounds that bills must pertain to one subject. Act 192 of 2014 was originally intended to criminalize the theft of metals. The firearm part of the act was a provision. Senator Daylin Leach, one of the five democrats to file suite stated: "municipalities that repealed ordinances may now restore them"
See also
- Law of Pennsylvania
- Uniform Firearms Act
References
Source of the article : Wikipedia
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