PA Firearms Blog

In Pennsylvania, pursuant to 18 PA.C.S. § 6106, no person may carry a firearm in a vehicle or concealed on his person without a License to Carry Firearms (LTCF). (See these blog postings on Concealed Carry and Open Carry in PA) If the individual is NOT eligible for a LTCF, a violation of § 6106 will result in a felony of the third degree. However, if the person is eligible for a LTCF, but has not acquired one, a violation of § 6106 will result in a misdemeanor of the first degree.

However, certain people are excluded from the law (underlined ones are more common exclusions that are generally unknown):

1. Constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers.

2. Members of the army, navy, marine corps, air force or coast guard of the United States or of the National Guard or organized reserves when on duty.

3. The regularly enrolled members of any organization duly organized to purchase or receive such firearms from the United States or from this Commonwealth.

4. Any persons engaged in target shooting with a firearm, if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the firearm is not loaded.

5. Officers or employees of the United States duly authorized to carry a concealed firearm.

6. Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property in the discharge of such duties.

7. Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person, having in his possession, using or carrying a firearm in the usual or ordinary course of such business.

8. Any person while carrying a firearm which is not loaded and is in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair, sale or appraisal or back to his home or place of business, or in moving from one place of abode or business to another or from his home to a vacation or recreational home or dwelling or back, or to recover stolen property under section 6111.1(b)(4) (relating to Pennsylvania State Police), or to a place of instruction intended to teach the safe handling, use or maintenance of firearms or back or to a location to which the person has been directed to relinquish firearms under 23 Pa.C.S. § 6108 (relating to relief) or back upon return of the relinquished firearm or to a licensed dealer’s place of business for relinquishment pursuant to 23 Pa.C.S § 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or back upon return of the relinquished firearm or to a location for safekeeping pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment to third party for safekeeping) or back upon return of the relinquished firearm.

9. Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing as permitted by such license, or are going to the places where they desire to hunt, take furbearers or fish or returning from such places.

10. Persons training dogs, if such persons are actually training dogs during the regular training season.

11. Any person while carrying a firearm in any vehicle, which person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.

12. A person who has a lawfully issued license to carry a firearm pursuant to section 6109 (relating to licenses) and that said license expired within six months prior to the date of arrest and that the individual is otherwise eligible for renewal of the license.

13. Any person who is otherwise eligible to possess a firearm under this chapter and who is operating a motor vehicle which is registered in the person’s name or the name of a spouse or parent and which contains a firearm for which a valid license has been issued pursuant to section 6109 to the spouse or parent owning the firearm.

14. A person lawfully engaged in the interstate transportation of a firearm as defined under 18 U.S.C § 921(a)(3) (relating to definitions) in compliance with 18 U.S.C. § 926A (relating to interstate transportation of firearms).

15. Any person who possesses a valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state, regardless of whether a reciprocity agreement exists between the Commonwealth and the state under section 6109(k), provided:

1. The state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109.

2. The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.

With a surprising bipartisan support, the U.S. Senate’s Energy and Natural Resources Committee approved, 18-5, a draft bill by Sen. Jim DeMint to allow National Park visitors to bring loaded guns into national parks and wildlife refuges unless state laws bar them from doing so. The current Park Service regulations allow guns only if they are unloaded and stowed away.

Demint declared, “The purpose of this bill is to protect innocent Americans from violent crime in national parks.” While Bryan Faehner, associate director for park use at the National Parks Conservation Association, decried “America’s national parks shouldn’t be made a political football in the gun debate.”

Tom Coburn, R-Okla, tried unsuccessfully for months to bring up a floor amendment on the same topic to a non-controversial public lands measure.

In response to requests from more than 50 senators and the National Rifle Association, Interior Secretary Dirk Kempthorne proposed a regulatory change this year to allow guns in national parks if the state in which they are located permits them in its state parks. Senator DeMint’s bill could become final before President Bush leaves office. Affording President Bush the ability to sign the bill into law as one of his last official acts as President.

While many anti-gun advocates are also decrying this latest bill, they seem to ignore the fact that D.C. handgun ban failed to prevent crime by any measure; whereas, crime is extremely low in states, such as Texas and Pennsylvania, where individuals are allowed to Open and Conceal Carry. Anyone interested in this topic should read John R. Lott, Jr.’s “More Guns, Less Crime.”

Under 18 PA.C.S. § 6105.1, an individual can petition the court, under certain circumstances, to restore that individual’s firearms rights. Restoration of Firearms Rights is defined in § 6105.1 as “Relieving any and all disabilities with respect to a person’s right to own, possess, use, control, sell, purchase, transfer, manufacture, receive, ship or transport firearms, including any disabilities imposed pursuant to this subchapter. The phrase shall also mean the restoration of the right to vote, to hold public office and to serve on a jury.”

A person convicted of a disabling offense may make application to the court of common pleas in the county where the principal residence of the applicant is situated for restoration of firearms rights.

The court will grant restoration of firearms rights after a hearing in open court to determine whether the requirements of this section have been met unless:

1. The applicant has been convicted of any other offense specified in § 6105(a) or (b) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) or the applicant’s conduct meets the criteria in § 6105©(1) (relating to a fugitive from justice), § 6105©(2) (relating to convictions for violation of The Controlled Substance,Drug, Device and Cosmetic Act, or any equivalent Federal statute or equivalent statute of any other state), § 6105©(3) (relating to driving under influence of alcohol or controlled substance on 3 or more separate occasions within 5 years), § 6105©(4) (relating to a person who has been adjudicated as an incompetent or who has been involuntarily committed to a mental institution), § 6105©(5) (relating to a person who, being an alien, is illegally or unlawfully in the United States), § 6105©(6) (relating to a person who is the subject of an active protection from abuse order issued), or § 6105©(7) (relating to a person who was adjudicated delinquent by a court);

2. The applicant has been convicted of any other crime punishable by imprisonment exceeding one year as defined in § 6102;

3. The applicant’s character and reputation is such that the applicant would be likely to act in a manner dangerous to public safety.

However, even with a successful application to the court for restoration of one’s firearm rights, it will not result in the expungement of any criminal history record information nor will it constitute a gubernatorial pardon.

If you need your Firearms Rights Restored, contact our office.

Depending on the type of firearm, either long gun or handgun, the laws regarding transportation differ. (18 PA.C.S. § 6106).

A long gun includes rifles, shotguns, and may include NFA firearms, depending on whether the barrel and overall length classifies it as a long rifle or handgun. All long guns must be unloaded, prior to transport; meaning that the chamber must be clear and all magazines removed. Ammunition must be stored in a separate container and cannot be loaded in the magazines.

A handgun must also be unloaded, prior to transport, unless the individual possesses a valid PA License to Carry Firearms (LTCF) or other similar license issued by another state, which PA honors. See PA Reciprocity Agreements. Moreover, handguns may only be transported to and from specific activities and locations. Some examples of “to and From” are the place of purchase, repair, range, hunting location, or other places listed in 18 PA.C.S. § 6106.

The current PA Attorney General, Tom Corbett, has been instrumental in enacting new reciprocity agreements between PA and other states. For the most up to date information, an individual should check the PA Attorney General’s website and PA Attorney General Reciprocity Agreements. On the AG’s site, an individual can download copies of each reciprocity agreement. For a map view of US reciprocity agreements, see Pennsylvania Map.

Currently, an individual with a resident PA LTCF may conceal carry in Alaska, Arkansas, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, Michigan, Missouri, Montana, North Carolina, New Hampshire, Oklahoma, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, West Virginia, and Wyoming. Open Carry may or may not be legal in the above states.

In Pennsylvania, a non-prohibited person can own the following firearms that are regulated the National Firearms Act

Machine Guns Silencers Any Other Weapon (AOW) Destructive Devices (DD) (excluding explosive devices) Short Barreled Shotguns (SBS) Short Barreled Rifles (SBR)

There are no NFA firearms, other than DD explosive devices, that you cannot own in Pennsylvania; however, depending on where you live, you may have problems acquiring a Chief Law Enforcement Officer (CLEO) signature. If you have problems acquiring a CLEO signature or think that a Gun (NFA) Trust might be a better solution for you, contact our office.

To carry a handgun concealed in public, an individual must possess a valid PA License to Carry Firearms (LTCF, 18 PA.C.S. § 6106) or an equivalent license issued by a state that PA honors (See PA Attorney General Reciprocity Agreements for up to date reciprocity agreements and my blog posting on reciprocity).

However, an individual may carry a concealed handgun, without a LTCF;

1. in one’s home,

2. fixed place of business,

3. and on private property where permission has been given (18 PA.C.S. § 6106).

Moreover, an individual cannot carry a handgun in a vehicle without a valid PA LTCF or an equivalent license issued by a state that PA honors (18 PA.C.S. § 6106). Nevertheless, an individual with a LTCF is NOT required to carry concealed; he/she may carry openly, including in cities of the first class, such as Philadelphia.

Under the PA Uniform Firearms Act (UFA), PA resident LTCF are issued by the county sheriff of the jurisdiction in which the applicant resides. Nonresidents licenses are issued by select county sheriff offices.

PA is a “shall issue” state, meaning that the appropriate sheriff must issue the license, unless the applicant is prohibited.

There are also places which are off-limits in PA, when concealed carrying. These include:

1. All Federal Facilities (Unless Authorized);

2. All Court Facilities;

3. State Parks (except while in a vehicle);

4. Adult and Juvenile Detention Facilities; and

5. Airport Terminals (secure areas only).

The issue of both open and concealed carry on school property has not been determined. Per 18 PA.C.S. 912, possession of “a weapon in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school” is a misdemeanor of the first degree. However, the statute allows for “a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose.”

There is a Pennsylvania State Police newsletter regarding CCW on/in school zones. It gives an example of a PA concealed license permit as being an exception to the federal law; however, there is no definitive answer at this time. You might read page 3 of the PSP newsletter regarding CCW on/in a school zone. 

It should be noted that PA allows the concealed (with a LTCF) or open carry of a firearm in an establishment that sells or serves alcohol.

Anyone considering open or concealed carry should check out the PAOpenCarry.org website and their brochure

18 PA.C.S. § 6105 deals with persons who cannot possess, use, manufacture, control, sell, or transfer firearms. It must be noted that this section applies to convictions that were both committed within and outside of the Commonwealth of Pennsylvania. (18 PA.C.S. § 6105). These prohibitions are broken down into two categories: 1. those persons who violate one of the enumerated offenses; and 2. those persons who fall into nine subcategories of non-enumerated offenses. There is also an exemption clause which allows one who has been convicted of one of the enumerated offenses or certain non-enumerated offenses to petition the court of common pleas for relief. Moreover, any person who becomes a prohibited person has “a reasonable period of time, not to exceed 60 days from the date” of conviction. (18 PA.C.S. § 6105).

Those persons who are convicted of a felony of one of the enumerated offenses or a felony under The Controlled Substance, Drug, Device and Cosmetic Act (P.L. 223, No. 64), or any equivalent Federal Statute or equivalent statute of any other state, who possesses, uses, manufacturers, controls, sells, or transfers a firearm commits a felony of the second degree. Moreover, and more importantly due to the lack of discretion in the granting of POAs, a person who is subject of an active protection from abuse order, where the order provides for the relinquishment of firearms, other weapons, or ammunition during the period of time the order is in effect, commits a misdemeanor of the first degree, if he intentionally or knowingly fails to relinquish a firearm, or other weapon or ammunition to the sheriff as required by the order, unless the person submits an affidavit to the sheriff in accordance with either 23 PA.C.S. § 6108(a)(7)(i)(B), § 6108.2, (relating to relinquishment for consignment sale, lawful transfers or safekeeping) or § 6108.3 (relating to relinquishment to third party for safekeeping. For the penalties associated with a person who has accepted possession of a firearm from an individual who is the subject of a POA, and who has not submitted an affidavit, per the above, see 18 PA.C.S. §§ 6105 (a)(A.1)(3)-(5).

The Enumerated Offenses are:

1. 18 PA.C.S. § 908 (relating to prohibited offensive weapons).

2. 18 PA.C.S. § 911 (relating to corrupt organizations).

3. 18 PA.C.S. § 912 (relating to possession of weapon on school property).

4. 18 PA.C.S. § 2502 (relating to murder).

5. 18 PA.C.S. § 2503 (relating to voluntary manslaughter).

6. 18 PA.C.S. § 2504 (relating to involuntary manslaughter) if the offense is based on the reckless use of a firearm.

7. 18 PA.C.S. § 2702 (relating to aggravated assault).

8. 18 PA.C.S. § 2703 (relating to assault by prisoner).

9. 18 PA.C.S. § 2704 (relating to assault by life prisoner).

10. 18 PA.C.S. § 2709.1 (relating to stalking).

11. 18 PA.C.S. § 2716 (relating to weapons of mass destruction).

12. 18 PA.C.S. § 2901 (relating to kidnapping).

13. 18 PA.C.S. § 2902 (relating to unlawful restraint).

14. 18 PA.C.S. § 2910 (relating to luring a child into a motor vehicle).

15. 18 PA.C.S. § 3121 (relating to rape).

16. 18 PA.C.S. § 3123 (relating to involuntary deviate sexual intercourse).

17. 18 PA.C.S. § 3125 (relating to aggravated indecent assault).

18. 18 PA.C.S. § 3301 (relating to arson and related offenses).

19. 18 PA.C.S. § 3302 (relating to causing or risking catastrophe).

20. 18 PA.C.S. § 3502 (relating to burglary).

21. 18 PA.C.S. § 3503 (relating to criminal trespass) if the offense is graded a felony of the second degree or higher.

22. 18 PA.C.S. § 3701 (relating to robbery).

23. 18 PA.C.S. § 3702 (relating to robbery of motor vehicle).

24. 18 PA.C.S. § 3921 (relating to theft by unlawful taking or disposition) upon conviction of the second felony offense.

25. 18 PA.C.S. § 3923 (relating to theft by extortion) when the offense is accompanied by threats of violence.

26. 18 PA.C.S. § 3925 (relating to receiving stolen property) upon conviction of the second felony offense.

27. 18 PA.C.S. § 4912 (relating to impersonating a public servant) if the person is impersonating a law enforcement officer.

28. 18 PA.C.S. § 4952 (relating to intimidation of witnesses or victims).

29. 18 PA.C.S. § 4953 (relating to retaliation against witness or victim).

30. 18 PA.C.S. § 5121 (relating to escape).

31. 18 PA.C.S. § 5122 (relating to weapons or implements for escape).

32. 18 PA.C.S. § 5501(3) (relating to riot).

33. 18 PA.C.S. § 5515 (relating to prohibiting of paramilitary training).

34. 18 PA.C.S. § 5516 (relating to facsimile weapons of mass destruction).

35. 18 PA.C.S. § 6110.1 (relating to possession of firearm by minor).

36. 18 PA.C.S. § 6301 (relating to corruption of minors).

37. 18 PA.C.S. § 6302 (relating to sale or lease of weapons and explosives).

38. Any offense equivalent to any of the above-enumerated offenses under the prior laws of this Commonwealth or any offense equivalent to any of the above-enumerated offenses under the statutes of any other state or of the United States.

The Non-Enumerated Offenses are:

1. A person who is a fugitive from justice. This paragraph does not apply to an individual whose fugitive status is based upon a nonmoving or moving summary offense under Title 75 (relating to vehicles).

2. A person who has been convicted of an offense under the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent Federal statute or equivalent statute of any other state, that may be punishable by a term of imprisonment exceeding two years.

3. A person who has been convicted of driving under the influence of alcohol or controlled substance as provided in 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) or the former 75 Pa.C.S. § 3731, on three or more separate occasions within a five-year period. For the purposes of this paragraph only, the prohibition of subsection (a) shall only apply to transfers or purchases of firearms after the third conviction.

4. A person who has been adjudicated as an incompetent or who has been involuntarily committed to a mental institution for inpatient care and treatment under section 302, 303 or 304 of the provisions of the act of July 9, 1976 (P.L. 817, No. 143), known as the Mental Health Procedures Act. This paragraph shall not apply to any proceeding under section 302 of the Mental Health Procedures Act unless the examining physician has issued a certification that inpatient care was necessary or that the person was committable.

5. A person who, being an alien, is illegally or unlawfully in the United States.

6. A person who is the subject of an active protection from abuse order issued pursuant to 23 Pa.C.S. § 6108, which order provided for the relinquishment of firearms during the period of time the order is in effect. This prohibition shall terminate upon the expiration or vacation of an active protection from abuse order or portion thereof relating to the relinquishment of firearms.

7. A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense under sections 2502, 2503, 2702, 2703 (relating to assault by prisoner), 2704, 2901, 3121, 3123, 3301, 3502, 3701 and 3923.

8. A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense enumerated in subsection (b) with the exception of those crimes set forth in paragraph (7). This prohibition shall terminate 15 years after the last applicable delinquent adjudication or upon the person reaching the age of 30, whichever is earlier.

9. A person who is prohibited from possessing or acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to unlawful acts). If the offense which resulted in the prohibition under 18 U.S.C. § 922(g)(9) was committed, as provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to definitions), by a person in any of the following relationships: (i) the current or former spouse, parent or guardian of the victim; (ii) a person with whom the victim shares a child in common; (iii) a person who cohabits with or has cohabited with the victim as a spouse, parent or guardian; or (iv) a person similarly situated to a spouse, parent or guardian of the victim; then the relationship need not be an element of the offense to meet the requirements of this paragraph.

The Exemption Clause:

A person who has been convicted of a crime specified in the enumerated offenses or a person whose conduct meets the criteria in the non-enumerated offenses of (1), (2), (5), (7) or (9) may make application to the court of common pleas of the county where the principal residence of the applicant is situated for relief from the disability imposed by this section upon the possession, transfer or control of a firearm.

18 PA.C.S. § 6104 deals with what constitutes intent in relation to 18 PA.C.S. 6105, prohibited persons. “In the trial of a person for committing or attempting to commit a crime enumerated in section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms), the fact that that person was armed with a firearm, used or attempted to be used, and had no license to carry the same, shall be evidence of that person’s intention to commit the offense.” (18 PA.C.S. § 6104).

18 PA.C.S. § 6103 deals with crimes committed with firearms. Specifically, “If any person commits or attempts to commit a crime enumerated in section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) when armed with a firearm contrary to the provisions of this subchapter, that person may, in addition to the punishment provided for the crime, also be punished as provided by this subchapter.” (18 PA.C.S. § 6103).

This subchapter shall be known and may be cited as the Pennsylvania Uniform Firearms Act of 1995.

To the surprise of many residents, as well as law enforcement officers, individuals who are not prohibited from owning firearms may openly carry a handgun on or about his/her person without a license (18 PA.C.S. § 6106). This has been upheld by the PA Supreme Court in Commonwealth v. Ortiz and Commonwealth v. Hawkins. However, there are some limitations on open carry. Specifically: 1. the handgun must be in plain sight; 2. the individual cannot open carry in a vehicle (18 PA.C.S. § 6106); 3. in cities of the first class (Philadelphia and Pittsburgh); and 4. where prohibited by statute. Current prohibitions by statute include during a state of emergency (18 PA.C.S. § 6107), and openly carrying in Philadelphia without a License to Carry Firearms (LTCF; meaning a concealed carry permit) (18 PA.C.S. § 6108).

There are also places which are off-limits in PA, whether you are open or concealed carrying. These include: 1. All Federal Facilities (Unless Authorized); 2. All Court Facilities; 3. State Parks (except while in a vehicle); 4. Adult and Juvenile Detention Facilities; and 5. Airport Terminals (secure areas only). The issue of both open and concealed carry on school property has not been determined. Per 18 PA.C.S. 912, possession of “a weapon in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school” is a misdemeanor of the first degree. However, the statute allows for “a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose.” It should be noted that PA allows the concealed (with a LTCF) or open carry of a firearm in an establishment that sells or serves alcohol.

Anyone considering open or concealed carry should check out the PAOpenCarry.org website and their brochure

18 PA.C.S. § 6102 deals with defining terms used in the PA Uniform Firearms Act of 1995 (PA UFA). It should be noted that this section is not all inclusive and that particular provisions may have their own definitions.

“The following words and phrases, when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:” (18 PA.C.S. § 6102).

1.”COMMISSIONER.” The Commissioner of the Pennsylvania State Police.

2.”COMMONWEALTH PHOTO IMAGING NETWORK.” The computer network administered by the Commonwealth and used to record and store digital photographs of an individual’s face and any scars, marks, tattoos or other unique features of the individual.

3.”CONVICTION.” A conviction, a finding of guilty or the entering of a plea of guilty or nolo contendere, whether or not judgment of sentence has been imposed, as determined by the law of the jurisdiction in which the prosecution was held. The term does not include a conviction which has been expunged or overturned or for which an individual has been pardoned unless the pardon expressly provides that the individual may not possess or transport firearms.

4.”COUNTY TREASURER.” The county treasurer or, in home rule or optional plan counties, the person whose duties encompass those of a county treasurer.

5.”CRIME PUNISHABLE BY IMPRISONMENT EXCEEDING ONE YEAR.” The term does not include any of the following: 1.Federal or State offenses pertaining to antitrust, unfair trade practices, restraint on trade or regulation of business. 2.State offenses classified as misdemeanors and punishable by a term of imprisonment not to exceed two years”

6.“FIREARM.” 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. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

7.”FUND.” The Firearm Ownership Fund established in section 6111.3 (relating to Firearm Ownership Fund).

8.”LAW ENFORCEMENT OFFICER.” Any person employed by any police department or organization of the Commonwealth or political subdivision thereof who is empowered to effect an arrest with or without warrant and who is authorized to carry a firearm in the performance of that person’s duties.

9.”LOADED.” A firearm is loaded if the firing chamber, the nondetachable magazine or in the case of a revolver, any of the chambers of the cylinder contain ammunition capable of being fired. In the case of a firearm which utilizes a detachable magazine, the term shall mean a magazine suitable for use in said firearm which magazine contains such ammunition and has been inserted in the firearm or is in the same container or, where the container has multiple compartments, the same compartment thereof as the firearm.

10.”PENNSYLVANIA SHERIFFS’ ASSOCIATION.” The State association of sheriffs authorized by the act of June 14, 1923 (P.L. 774, No. 305), entitled “An act authorizing the sheriffs of the several counties of this Commonwealth to organize themselves into a State Association, for the purpose of holding annual meetings, to secure more uniformity and cooperation in the conduct of their offices, and providing for the payment of certain expenses in connection with such meetings by the various counties.”

11.”SAFEKEEPING PERMIT.” As defined in 23 PA.C.S. § 6102 (relating to definitions).

12.”SHERIFF.” a. Except as provided in paragraph (b), the sheriff of the county. b. In a city of the first class, the chief or head of the police department.

13.”STATE.” When used in reference to different parts of the United States, includes the District of Columbia, the Commonwealth of Puerto Rico and territories and possessions of the United States.

18 PA.C.S. § 6120 declares, “No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.” This type of language is known as a Preemption Clause and denies all counties, municipalities and townships from regulating the ownership, possession, transfer or transportation of firearms or ammunition.

Some may recognize that this section has recently been in the news in regards to several laws that the city of Philadelphia passed limiting the types of firearms that could be owned, as well as, other regulations on firearms ownership. For a discussion of the recent Philadelphia regulations, which are invalid, as well as other regulations in violation of 18 PA.C.S. § 6120, see http://www.pafoa.org/forum/pennsylvania-10/21838-municipalities-violation-6120-preemption.html.

Another interesting aspect to 18 PA.C.S. § 6120 is its limitation on right of action against gun and ammunition manufacturers. “ No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacturer of firearms or ammunition of the lawful marketing or sale of firearms or ammunition to the public.” (18 PA.C.S. § 6120). However, “Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.” (18 PA.C.S. § 6120)

To fully understand the limitations, one must look to the definition of a “political subdivision.” A political subdivision is defined as “any home rule charter municipality, county, city, borough, incorporated town, township or school district.” (18 PA.C.S. § 6120). Furthermore, a dealer is defined as “any person engaged in the business of selling at wholesale or retail a firearm or ammunition.” (18 PA.C.S. § 6120). Moreover, “firearms” is to have the meaning given to it in 18 PA.C.S. § 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in 18 PA.C.S. § 6304 (relating to sale and use of air rifles).

PA’s firearm laws are consolidated in Title 18, Chapter 61, SubChapter A, which translates to 18 PA.C.S. § 6101 et seq. This subchapter is known as the Pennsylvania Uniform Firearms Act of 1995 (PA UFA). (18 PA.C.S § 6101). Since the PA UFA has numerous sections, §§ 6101-6127, including subsets thereof, this article will set forth the sections of the PA UFA for quick reference purposes. Separate articles on each section will follow in the future. One of the most important sections is 18 PA.C.S. § 6120, which is a preemption section, denying any county, municipality, or township the power to regulates firearms other than the PA State Legislature.

18 PA.C.S. § 6101: Short Title of Subchapter

18 PA.C.S. § 6102: Definitions

18 PA.C.S. § 6103: Crimes Committed with Firearms

18 PA.C.S. § 6104: Evidence of Intent

18 PA.C.S. § 6105: Persons not to Possess, Use, Manufacture, Control, Sell, or Transfer Firearms

18 PA.C.S. § 6105.1: Restoration of Firearm Rights for Offenses under Prior Laws of this Commonwealth.

18 PA.C.S. § 6106: Firearms not to be Carried without a License

18 PA.C.S. § 6106.1: Carrying Loaded Weapons other than Firearms

18 PA.C.S. § 6107: Prohibited Conduct during Emergency

18 PA.C.S. § 6108: Carrying Firearms on Public Streets or Public Property in Philadelphia

18 PA.C.S. § 6109: Licenses

18 PA.C.S. § 6110: (Repealed. 1995 June 13, P.L. 1024 No. 17 (Spec. Sess. No. 1).

18 PA.C.S. § 6110.1: Possession of Firearm by Minor

18 PA.C.S. § 6110.2: Possession of Firearm with Altered Manufacturer’s Number

18 PA.C.S. § 6111: Sale or Transfer of Firearms

18 PA.C.S. § 6111.1: Pennsylvania State Police

18 PA.C.S. § 6111.2: Firearm Sales Surcharge

18 PA.C.S. § 6111.3: Firearm Records Check Fund

18 PA.C.S. § 6111.4: Registration of Firearms (No registration may be kept)

18 PA.C.S. § 6111.5: Rules and Regulations

18 PA.C.S. § 6112: Retail Dealer Required to be Licensed

18 PA.C.S. § 6113: Licensing of Dealer

18 PA.C.S. § 6114: Judicial Review

18 PA.C.S. § 6115: Loans on, or Lending or Giving Firearms Prohibited

18 PA.C.S. § 6116: False Evidence of Identity

18 PA.C.S. § 6117: Altering or Obliterating Marks of Identification

18 PA.C.S. § 6118: Antique Firearms

18 PA.C.S. § 6119: Violation Penalty

18 PA.C.S. § 6120: Limitation on the Regulation of Firearms and Ammunition (Preemption)

18 PA.C.S. § 6121: Certain Bullets Prohibited (use of a KTW teflon-coated bullet or other armor-piercing ammunition during the commission of a crime, as set forth in 18 PA.C.S. § 6102)

18 PA.C.S. § 6122: Proof of License and Exception

18 PA.C.S. § 6123: Waiver of Disability or Pardons

18 PA.C.S. § 6124: Administrative Regulations

18 PA.C.S. § 6125: Distribution of Uniform Firearm Laws and Firearm Safety Brochures

18 PA.C.S. § 6126: Expired

18 PA.C.S. § 6127: Firearm Tracing