|
|
|
|
Overview
|
|
The Constitution of Pennsylvania protects the right of citizens to bear arms in defense of themselves and the state. The state preempts local regulation of the lawful ownership, possession, transfer or transportation of firearms, ammunition, or ammunition components.[2][3]
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.[2][3] The Pennsylvania Firearm Owners Association states that the Pennsylvania State Police keep a "sales database" of all handguns purchased within the state.[4] The Pennsylvania Supreme Court 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.[5]
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. Firearms are prohibited from certain places, including court facilities. Concealed carry on school property is currently 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." 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.[2][3] 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.[6]
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. [2][3]
|
|
|
|
Constitutional Provision
|
|
| Article I. Declaration of Rights, § 21. Right to bear arms |
The right of the citizens to bear arms in defence of themselves and the state shall not be questioned.
|
|
|
|
Preemption and Local Regulation
|
|
| 18 Pa.C.S.A. § 6120. Limitation on the regulation of firearms and ammunition. |
- The state preempts regulation of the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components.
|
|
|
|
Registration
|
|
| 18 Pa.C.S.A. § 6111.4. Registration of firearms |
Notwithstanding any section of this chapter to the contrary, nothing in this chapter 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.
|
|
| 18 Pa.C.S.A. § 6111. Sale or transfer of firearms |
- Nothing in an application or record of sale shall be retained by the Pennsylvania State Police.[7]
- Information received by the Pennsylvania State Police pursuant to a sale, shall be destroyed within 72 hours of the completion of the background check.[7]
|
|
|
|
|
|
|
Prohibited Places
|
|
| 18 Pa.C.S.A. § 912. Possession of weapon on school property |
- Elementary or secondary school buildings, grounds, and conveyances with the possible exception of licensed concealed carry pursuant to 18 Pa.C.S. 912(c).
|
|
| 18 Pa.C.S.A. § 913. Possession of firearm or other dangerous weapon in court facility |
- Court facilities, except certain persons and in compliance with certain rules.
- Notice must be posted at each entrance.
- Lawfully carried firearms may be checked into a locker within the building containing the court facility.
|
|
| 18 Pa.C.S.A. § 6106. Firearms not to be carried without a license |
- In a vehicle, except certain persons or in compliance with certain rules
|
|
| 18 Pa.C.S.A. § 6107. Prohibited conduct during emergency |
- Public streets and public property during a proclaimed state or municipal emergency, except certain persons or in certain circumstances.
|
|
| 18 Pa.C.S.A. § 6108. Carrying firearms on public streets or public property in Philadelphia |
- Public streets and public property in Philadelphia, except certain persons.
|
|
|
|
Prohibited Persons
|
|
| 18 Pa.C.S.A. § 6110.1. Possession of firearm by minor |
- Persons under 18 years of age may not possess certain firearms, except while under adult supervision or while lawfully hunting or trapping.
|
|
| 18 Pa.C.S.A. § 6105. Persons not to possess, use, manufacture, control, sell or transfer firearms |
- Persons subject to an active protection from abuse order which provides for the relinquishment of firearms.
- Persons convicted of an offense enumerated in Title 18 § 6105. Persons not to possess, use, manufacture, control, sell or transfer firearms.
|
|
| 18 Pa.C.S.A. § 6105.1. Restoration of firearm rights for offenses under prior laws of this Commonwealth |
- Certain prohibited persons may be eligible to have their firearm rights restored.
|
|
|
|
|
|
|
Transfer, Purchase, Sale
|
|
| 18 Pa.C.S.A. § 6111. Sale or transfer of firearms |
- Licensed sellers must perform background checks.
- Private sellers of handguns, and rifles and shotguns under a certain length, must use a licensed seller to conduct the transaction.
- The licensed seller will conduct the transaction as if he were the seller of the firearm, which includes a background check.
- Long guns may be sold privately without the use of a licensed seller.
|
|
| 18 Pa.C.S.A. § 6142. Locking device for firearms |
- Licensed sellers must provide a locking device for handguns unless the firearm already incorporates a locking device.
|
|
|
|
Transportation and Carry
|
|
| 18 Pa.C.S.A. § 6106. Firearms not to be carried without a license |
- A License To Carry Firearms (LTCF) is required in order to carry firearms in a vehicle or concealed on or about one's person.
- A LTCF is generally not required to openly carry a firearm on or about one's person, except in a vehicle or in Philadephia.[6]
|
|
| 18 Pa.C.S.A. § 6108. Carrying firearms on public streets or public property in Philadelphia |
- A LTCF is required in order to carry firearms on public streets and public property in Philadelphia.
|
|
| 18 Pa.C.S.A. § 6107. Prohibited conduct during emergency |
- A LTCF is required in order to carry a firearm on public streets and public property during a proclaimed state or municipal emergency, except certain persons or in certain circumstances.
|
|
| 18 Pa.C.S.A. § 6109. Licenses |
- Pennsylvania shall issue a License To Carry Firearms (LTCF) if no good cause exists to deny the license.
- Non-residents shall be issued a LTCF only if they have a license from their home state, unless their home state does not issue licenses.
- Certain persons, enumerated in 18 Pa.C.S.A. § 6109, shall be denied an LTCF.
- The Pennsylvania Attorney General maintains formal reciprocity agreements with some other states for the recognition of licenses and permits.[8]
- A valid license or permit to carry firearms issued by any state, is valid for carrying a firearm in a vehicle, per 18 Pa.C.S.A. § 6106(b)(11)
|
|
|