By John Mascolo, Esq. | Legally reviewed by FindLaw Staff | Last reviewed April 04, 2024
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Every state has its own experience with gun violence. In Pennsylvania, mass shootings have increased in recent years. In 2018, the state experienced its worst gun massacre when an anti-Semitic attacker invaded the Tree of Life synagogue outside Pittsburgh, killing 11 persons and injuring seven more.
Gun violence goes beyond the headlines of the week's mass shooting. For example, death by firearm is the leading cause of death for children and teens. With easy access to firearms, most suicides involve a gun.
Efforts by state lawmakers to address gun safety concerns must balance the rights of lawful gun owners to possess and carry firearms for self-defense and other reasons.
Despite proposals in Congress, new federal laws on guns are rare. Political stalemate is often the norm.
Federal regulations limit the ownership of certain dangerous weapons like machine guns and bump stocks, which cause semi-automatic rifles to fire like fully automatic weapons.
The federal government controls licensing for firearms dealers. It also bans the possession of firearms by certain persons, like convicted felons and those who use illegal drugs.
Federal law created the National Instant Background Check System (NICS) to alert licensed firearms dealers and law enforcement officers while keeping guns out of the hands of prohibited persons.
Pennsylvania has somewhat tougher gun laws compared to the rest of the country.
The Pennsylvania General Assembly is politically divided. Republicans control the State Senate while Democrats control the State House. This has often posed a political stalemate on gun control.
State law maintains several common-sense regulations aimed at balancing the right to firearm ownership with laws that combat gun violence.
Pennsylvania gun laws require a purchase application on all handguns bought in the state. All handgun purchases must also go through a dealer for a criminal background check via the Pennsylvania Instant Check System (PICS). Sales of handguns, sawed-off shotguns, and sawed-off rifles must go through a licensed dealer or a county sheriff's office.
These laws bring the Keystone state closer to universal background checks for all gun purchases. For now, private sales of standard long guns (rifles and shotguns) fall outside the regulations.
Pennsylvania does not require a waiting period before the purchase of a gun like some states. The state does not have an assault weapon ban. State law provides categories of persons prohibited from possessing a firearm. It is also a felony to provide or deliver a gun to a prohibited person.
With limited exceptions for hunting or that involve adult supervision, a minor (under 18 years of age) cannot possess or carry a firearm in the state. Anyone who provides a gun to a minor can face felony charges. Selling or leasing any deadly weapon, cartridge, or gunpowder to a minor is also a crime.
In Pennsylvania, anyone 21 years or older can apply for a license to carry firearms. Without such a license, it's a crime to either carry a firearm concealed or have one in a motor vehicle. Exceptions include carrying a firearm at your residence or place of business and for those with a sportsmen's firearm permit.
Applications for a license to carry (LTC) permit proceed through your county sheriff's office. The application form is uniform and prescribed by the Pennsylvania State Police. Details on eligibility requirements appear in the table below.
The Pennsylvania attorney general provides information on reciprocity agreements with other states. Where there is an agreement, a non-resident with a firearm permit from their state may legally carry in Pennsylvania.
In contrast to some other states, Pennsylvania does not require an applicant to complete a firearms training course before qualifying for a carry permit. Although you can obtain the application online, you must appear in person at the sheriff's office for signature and photograph.
As in other states, Pennsylvania law prohibits carrying firearms into certain locations. Even those with a LTC permit cannot bring a gun to the following places:
Exceptions apply to members of law enforcement.
In 2022, the U.S. Supreme Court held in New York Rifle & Pistol Association v. Bruen, that the Second Amendment provides a right to carry a gun in public for self-defense. In light of this finding, gun laws that burden gun rights must meet a historical test for firearm regulation. There have been recent challenges to Pennsylvania gun laws with mixed success.
In Lara v. Commissioner (2024), the federal Third Circuit Court of Appeals found a Pennsylvania law that banned persons 18 to 20 years of age from carrying a firearm during a public emergency violated the Second Amendment.
They directed the lower court to grant an injunction to prevent the arrest of individuals between 18 and 20 years of age who openly carry a firearm on public streets and property during a declared state of emergency.
In Range v. Attorney General (2023), the Third Circuit also invalidated Pennsylvania's felon-in-possession statute as applied to a person convicted of a food stamp fraud offense.
In each of these cases, the Third Circuit cited the U.S. Supreme Court's holding in Bruen, finding that the Second Amendment applied to the individuals in the dispute. After applying Bruen's historical test, the court concluded that the state failed to present a historical analogue to the regulation at issue to justify the limitation.
In contrast, the Pennsylvania Supreme Court upheld a township ordinance that placed discharge and zoning requirements on indoor and outdoor gun ranges on private property. In Barris v. Stroud Township (2024), the state supreme court found that the law did infringe on the plaintiff's right to bear arms.
However, it concluded that the township ordinances were consistent with traditional firearm regulations at the time of the nation's founding and up to the present day.
The Commonwealth of Pennsylvania has several gun control laws. The table below includes a list of key laws for your review. See Gun Laws for a general overview of firearms law.
Relevant Pennsylvania Gun Control Statutes (Laws) |
Title 18, Pennsylvania Consolidated Statutes Chapter 9, Inchoate Crimes
Chapter 61, Firearms and Other Dangerous Articles
|
|---|---|
Illegal Arms |
It is illegal to possess the following items in Pennsylvania:
|
Waiting Period |
There is no waiting period to purchase a gun in Pennsylvania. |
Who May Not Own |
A person may not possess a firearm in Pennsylvania if they:
|
License Required? |
No. Pennsylvania does not require a person to have a license to own a firearm. |
Concealed Carry License Required? |
Yes. Under most circumstances, carrying a concealed firearm is illegal unless a person has a license-to-carry (LTC) permit. |
Open Carried Allowed? |
Open carry without a license is allowed in Pennsylvania, except in the city of Philadelphia. Philadelphia requires a license to carry (LTC) permit for a person to open carry on public streets or public property. |
Eligibility for a Concealed Carry License |
To be eligible for a license to carry a firearm, a person must:
|
Machine Gun Laws |
Unless a person is in compliance with federal law, they cannot possess a machine gun under Pennsylvania law. |
Penalties for Illegal Firearm Possession |
Pennsylvania has detailed gun laws with varied penalties for violations. Depending on the offense, a gun law violation could be a misdemeanor or a felony. Common penalties for gun possession offenses are:
|
Penalties for Illegal Possession on or Near School Grounds |
Possessing a gun on school grounds is a misdemeanor of the first degree, punishable by up to five years in jail, a fine of up to $10,000, or both. |
Red Flag Law? |
No. Although the Pennsylvania House of Representatives passed a bill approving an extreme risk protection order in 2023, the Pennsylvania Senate has not taken up the matter. |
Universal Background Checks? |
No. Although the State House passed a measure supporting universal background checks, the State Senate did not bring the matter up for a vote. |
Stand Your Ground Law? |
Pennsylvania has a qualified Stand Your Ground Law. In a public confrontation, there remains a general duty to safely retreat. However, a law-abiding person can use deadly force without retreating against an attacker who is armed with a deadly weapon. |
Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
If you or someone you love has been charged with a gun-related crime in Pennsylvania, you should consider getting legal advice. You can contact a local Pennsylvania criminal defense attorney to discuss your case.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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