Although the right to bear arms is protected by the Pennsylvania and United States Constitutions, it is possible to lose those rights. In fact, under certain circumstances, the mere possession of a firearm is a felony offense.
Losing the right to possess a firearm under 18 Pa.C.S. § 6105
Under Pennsylvania law, you can lose your right to possess a firearm if you:
- Have been convicted of certain offenses
- Have been involuntarily committed for mental health treatment
- Have been the target of a protection from abuse order or PFA
The offenses that can make a person ineligible to possess a firearm in Pennsylvania
- Possessing a Prohibited Offensive Weapon
- Being part of a Corrupt Organization
- Possession of a Weapon on School Property
- Murder
- Manslaughter
- Involuntary Manslaughter with the reckless use of a firearm
- Aggravated Assault
- Assault by a Prisoner
- Assault by a Life Prisoner
- Stalking
- Weapons of Mass Destruction
- Kidnapping
- Unlawful Restraint
- Luring a Child into a Motor Vehicle or Structure
- Rape
- Involuntary Deviate Sexual Intercourse
- Aggravated Indecent Assault
- Arson and related offenses
- Causing or Risking Catastrophe
- Burglary
- Criminal Trespass when graded as a second-degree felony or higher
- Robbery
- Robbery of a Motor Vehicle
- Theft By Unlawful Taking when graded as a second-degree felony or higher
- Extortion when done with threats of violence
- Receiving Stolen Property when graded as a second-degree felony or higher
- False Reports to Law Enforcement regarding a theft of a firearm under 18 Pa. C.S. § 4906(c)(2)
- Impersonating a Public Servant
- Impersonating Law Enforcement
- Intimidation of a Witness or Victim
- Retaliation Against a Witness, Victim, or Party
- Escape
- Weapons or Implements of Escape
- Riot
- Prohibited Paramilitary Training
- Facsimile of a Weapon of Mass Destruction
- Possession of a Firearm by a Minor
- Sale or Lease of Weapons or Explosives
Other Situations that may make a person ineligible to possess a firearm
- Fugitives from justice (doesn’t apply to nonmoving or moving violations under the motor vehicle code)
- Violating state or federal drug laws through any offense that can be punished by more than two years in prison
- Getting three or more different violations for driving under the influence of alcohol or a controlled substance within five years
- Being involuntarily committed for mental health treatment
- A person who is unlawfully present in the United States
- Being subject to an active, final PFA
- Being adjudicated delinquent for behavior that would have been an offense under 18 Pa. C.S. §§ 2704, 2901, 3121, 3123, 3301, 3502, 3701, and 3923
- Being adjudicated delinquent for any of the offenses listed in the section above
- Being prohibited from possessing a firearm under 18 U.S.C. § 922(g)(9) due to a domestic violence incident
Getting firearm rights back
After a person loses their right to possess a firearm, there’s often a way to get those rights reinstated. The way to get firearm rights reinstated depends on how they were stripped in the first place.
Getting firearm rights reinstated after being convicted of one of the crimes listed in 18 Pa. C.S. § 6105(b) or (c)
If a person lost their firearm rights because they were convicted of an offense that was listed in 6105(b) or (c) and they were convicted as an adult, then they can get their rights reinstated by getting the conviction overturned, getting a governor’s pardon, or by requesting removal by a petition to the court of common pleas ten years after they were released from prison after the most recent disqualifying conviction. If the person was adjudicated delinquent of a disqualifying offense that isn’t 18 Pa. C.S. §§ 2704, 2901, 3121, 3123, 3301, 3502, 3701, and 3923, then the disability expires either 15 years after the adjudication of delinquency or after the person turns 30 (the disability expires on the earlier of those two dates).
Getting firearm rights reinstated after being involuntarily committed for mental health treatment
If a person lost their firearm rights after being involuntarily committed for mental health treatment, then they can get their rights reinstated by filing a petition and getting a court to agree that they can possess a firearm without being a danger to the public.
Getting firearm rights reinstated after being the subject of a final protection from abuse order (PFA order)
After a person has been the subject of a final PFA order, they can file a petition to have their firearm rights reinstated. The person or people who are listed as victims in the PFA order have the right to object to the restoration of the subject’s firearm rights.
Other ways of getting firearm rights reinstated
When you are dealing with a federal law that prevents you from possessing a firearm, the way to get your firearm rights reinstated is by filing a request with the federal government. Although the process for getting firearm rights reinstated has existed for a long time, Congress has failed to appropriate funding for that program since the 1990s. In the latest budget, Congress has still not allocated funding for the program, but the current administration has implemented a work-around.
Under the work-around, the program for reviewing and reinstating federal firearm rights has been moved out of ATF and into the Justice Department. Because of that, people can now file to have their firearm rights reinstated federally.
Does this workaround help with the state-level prohibition?
Right now, it’s not clear whether the federal workaround will help people who have lost their firearm rights on the state level. Section 6105(d)(3) allows a person who is trying to get their firearm rights reinstated to bypass the requirement that they get their federal firearm rights reinstated by persuading a judge that Congress’s failed to appropriate funding fo the process of firearm rights reinstatement. Although the workaround gives people a way to get a federal reinstatement, that workaround was done by the president moving funding around and not by Congress appropriating the necessary funding. The separate issue is that, under the new process, the firearm right is being reinstated by the Justice Department and not by the Secretary of the Treasury.
So far, no appeals court has addressed the question of how strictly 6105(d) will be interpreted. If it’s being interpreted to the letter, that would mean that someone who is trying to get their rights reinstated can go straight to the county petition without trying to do the federal reinstatement . If the provision is interpreted loosely, that would mean that a person would have to request federal relief and then file the county petition under 6105(d) after the Justice Department reinstates the federal right to possess.
Schedule a firearm rights reinstatement evaluation
Contact Bickerton Legal Services for a firearm rights consultation
Frequently Asked Questions
Who is considered to be a fugitive under this law?
A person who has an active warrant for anything but a summary traffic violation will be considered a fugitive under 6105.
Do I have to know that I lost my firearm rights before I can be convicted of 6105?
It depends on what led to the person losing their firearm rights. The Pennsylvania Superior Court has repeatedly said that, if a person lost their firearm rights after being convicted of one of the offenses listed in 6105, then all the prosecutor needs to show is that the person was aware that they were convicted of the disqualifying offense and that proof of “actual notice” of the loss of their gun rights isn’t necessary. If a person lost their firearm rights after an involuntary mental health commitment, a final PFA order, or for an active warrant, then a prosecutor will have to show that the person was aware that they lost their rights before they can be convicted.
How long does the reinstatement process take?
The amount of time it takes to get the firearm rights reinstated depends on what led to the loss of the rights and what county the petition to reinstate is filed in. Some courts are faster than others.
Do I file to get my rights reinstated in the county I live in or in the county where I lost my rights?
If the person is filing to get the 6105 disability lifted, then the petition should be filed in the county where the person lives. If the person is appealing an involuntary commitment (which is a completely different process), then that petition is filed where the commitment happened.
If I own firearms and then lost my rights under 6105, does the state get to take my weapons?
No. You have the right to sell, transfer, or surrender your weapons within 24 hours or by the time the court has ordered you to surrender or transfer the weapons.
What firearms aren’t allowed to be possessed if I have been prohibited under 6105?
If a person has lost their firearm rights, then the type of firearm that they can be convicted of possessing is defined as: “Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches.”
How long do I have to wait before I can file to have my rights reinstated?
It depends on what led to you losing your firearm rights in the first place. If it was for a conviction or an adjudication of delinquency, you have to wait 10 to 15 years before filing to have your rights reinstated. Unless the conviction was reversed or you received a pardon.
