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State Law Summary
Constitution of the State of Pennsylvania - Pa. Const. Art. I, § 21
" The right of the citizens to bear arms in defense of themselves and the State
shall not be questioned."Â
Pennsylvania's firearm law history is characterized by a blend of regulatory measures and significant legal developments that reflect the state's evolving stance on gun rights. In 1986, the state enacted its Uniform Firearms Act, which established a framework for firearm ownership and regulation, including provisions for concealed carry permits. The landmark case Commonwealth v. Riggins (2007) reaffirmed the rights of individuals to possess firearms in their homes, highlighting the importance of self-defense. In 2017, Pennsylvania's legislature passed a law that streamlined the process for obtaining a concealed carry permit, emphasizing a commitment to responsible gun ownership while enhancing accessibility. Additionally, ongoing discussions about preemption laws and local regulations have sparked public debate around the balance of individual rights and community safety. Overall, Pennsylvania's firearm laws reflect a complex dialogue between safeguarding public safety and upholding Second Amendment rights.
Permit Eligibility, Training and Application Process
Pennsylvania's history of licenses to carry firearms has evolved significantly over the years, particularly with the enactment of the Uniform Firearms Act in 1986, which established a framework for firearm regulation and the issuance of concealed carry permits. This law required individuals to apply for a license, which included a background check and a determination of good cause for carrying a concealed weapon. In 2017, Pennsylvania streamlined the application process, allowing for online submissions and improving access for applicants. Notably, the state has also faced legal challenges regarding local firearm regulations, leading to significant rulings that emphasize the preemption of state law over local ordinances. Throughout these changes, Pennsylvania has sought to balance responsible gun ownership and the Second Amendment.
Permit Eligibility
- All applicants must be at least 21 years of age.
- All applicants must complete the Application for a Pennsylvania License to Carry Firearms.
- Pennsylvania residents must possess a valid Pennsylvania Driver's License or Identification Card.
- Out of state residents are required to accompany their application with a full color copy of their domicile state valid Driver's License and Concealed Weapons Permit.
18 PA C.S. §6109(b)
PA License Application Process
- Determine whether you meet the qualifications to obtain a concealed weapon permit.
- Take your Pennsylvania Drivers License or State ID. Names, Addresses and Phone numbers of two references and your check book to the Sheriff’s Office in the county you reside.
- Cost is $20.00
- Your permit should be issued within 45 days
- The permit is valid for 5 years
18 PA C.S. §6109(b)
Permitless Carry Law
The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.
Pennsylvania is not a permitless-carry state.
Reciprocity Agreements
Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.
When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!
State Preemption Laws
State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.Â
General rule.--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.
Purchase/Transfer Laws
When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).Â
 Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law. Â
In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.Â
Pennsylvania law:
PA Private-Party Firearm Transfers
In Pennsylvania, a private party may only sell a handgun or short-barreled rifle or shotgun to an unlicensed purchaser at the place of business of a licensed importer, manufacturer, dealer or county sheriff’s office.
- The licensed importer, manufacturer, dealer or sheriff must comply with all of the dealer regulations, including a background check on prospective purchaser.
- These requirements do not apply to transfers between spouses, parents and children, or grandparents and grandchildren. These requirements also do not generally apply to transfers of long guns.
- Any seller who knowingly and intentionally delivers a firearm to an individual who is not eligible to possess a firearm commits a third degree felony.
- No seller may deliver a handgun or short-barreled rifle or shotgun to the purchaser or transferee unless the firearm is securely wrapped and unloaded.
18 PA C.S. §6111(c)
Firearm Classification and Accessory Restrictions
COMING SOON!
Magazine Capacity Restrictions
Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds. Â
Pennsylvania has no laws restricting the ammunition capacity of magazines.
Prohibited Areas - Where Firearms Are Prohibited Under State law
Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.Â
Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas. Â
Firearms are not allowed in the following locations:
- Courthouses (18 Pa. Cons. Stat. §913)
- Public and private school property (18 Pa. Cons. Stat. §913)
- Detention centers (police, sheriff, and prison) (61 Pa. Cons. Stat. §5902)Â
- Mental hospital (18 Pa. Consol. Stat. Ann. § 5122)
- The Capitol Complex (49 Pa. Cons. Stat. §61.1)
- The possession of firearms or other prohibited offensive weapons as defined in 18 Pa.C.S. § 908(c) (relating to prohibited offense weapons), while on the leased premises of the Department with the exception of State or Federal officers, in connection with the performance of an official duty, is prohibited. This prohibition does not apply to attorneys listed as counsel of record in connection with the offering of an exhibit in any administrative proceeding, if the counsel of record who intends to offer the item as an exhibit, has obtained written authorization from a hearing examiner to do so. 49 Pa. Code § 61.3
Methods of Carry - Open Carry Laws
Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others. Â
In Pennsylvania, persons who are not prohibited by law from owning firearms may openly carry a handgun in plain sight with no license except in vehicles, cities of the first class (Philadelphia), and where prohibited specifically by law.
- Open carry (of a handgun) in a vehicle requires a valid PA LTCF or a carry license from ANY other state.
- Open carry in Philadelphia requires a valid PA LTCF or a reciprocal state’s carry license.
18 Pa.C.S. §6106, §6107, §6108
No Weapons Signs
No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing. Â
In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.Â
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In Pennsylvania, no-weapons signs do not have the force of law.
Controlled Substance/Alcohol Laws
Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.
Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”
27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)
Pennsylvania law does not address the issue of carrying a firearm under the influence of alcohol or controlled substances.
Vehicle and Transport Laws
Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database. Â
Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle. Â
Pennsylvania law does not address the issue of transporting a firearm in a vehicle.
Storage Requirements
Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors. Â
Pennsylvania does not have any laws specifically related to how firearms must be stored.
Other Weapons Restrictions
COMING SOON!
Police Encounter Laws
Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.Â
In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.Â
The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.  Â
Pennsylvania is a no-duty-to-inform state, which means you are under no legal obligation to affirmatively inform an officer of the presence of your firearm, and may not be under a legal obligation to respond if asked by the officer. As with any interaction with law enforcement, we encourage you to be respectful and courteous, while also preserving your constitutionally protected privacy rights in the manner you deem prudent.
PA Stop and Identify (Terry Stop) Law:
- A person who refuses to provide identification upon demand of an officer whose duty it is to enforce this title after having been told by the officer that the person is the subject of an official investigation or investigative detention, supported by reasonable suspicion, commits a summary offense of the fifth degree.
- A person who provides false identification to an officer whose duty it is to enforce this title for the purpose of avoiding prosecution or hindering apprehension or obstructing an investigation commits a summary offense of the second degree.
34 Pa. Stat. and Cons. Stat. Ann. § 904
Red Flag or Emergency Risk Orders
Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.Â
Pennsylvania does not have Emergency Risk Orders ("Red Flag Laws).
Use of Force in Defense of Person
The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws. Â
Pennsylvania law:
Pennsylvania Self-Defense Law The use of deadly force is not justifiable under this section unless you believe that such force is necessary to protect yourself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat…
Deadly force is also not justifiable if:
- You provoked the use of force against yourself in the same encounter; or
- You know that you can avoid the necessity of using such force with complete safety by retreating, except you are not obliged to retreat from your dwelling or place of work, unless you were the initial aggressor or were assailed in your place of work by another person whose place of work you know it to be.
18 PA.C.S.A 505 (b)(2)
Use of Force in Defense of Others
Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.
The use of force upon or toward the person of another is justifiable to protect a third person when:
- The actor would be justified in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect.
- Under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in using such protective force,
- The actor believes that his intervention is necessary for the protection of such other persons.
18 Pa. Stat. and Cons. Stat. Ann. § 506
Use of Force in Defense of Habitation
The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.  Â
Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.Â
Pennsylvania law:
You are presumed to have a reasonable belief that deadly force is immediately necessary to protect yourself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat if both of the following conditions exist:
- The person against whom the force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered and is present within, a dwelling, residence or occupied vehicle; or the person against whom the force is used is or is attempting to unlawfully and forcefully remove another against that other's will from the dwelling, residence or occupied vehicle; and
- The actor knows or has reason to believe that the unlawful and forceful entry or act is occurring or has occurred.
*This presumption does not apply if the intruder: (1) has a right to be in the dwelling or vehicle, (2) the person being removed is a child or grandchild of the person removing them, (3) you are engaged in criminal activity, or (4) the intruder is a police officer doing his duty.
18 PA.C.S.A 505 (b)(2.1 & 2.5)
Deadly force is only justified for the purpose of protecting property in a dwelling if:
- there has been an entry into the actor's dwelling;
- the actor neither believes nor has reason to believe that the entry is lawful; and
- the actor neither believes nor has reason to believe that force less than deadly force would be adequate to terminate the entry.
OR
- the person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or
- such force is necessary to prevent the commission of a felony in the dwelling.
18 PA.C.S.A. 507(c)(4)(e)
Use of Force in Defense of Property
Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.
Use of force for the protection of property.
- Use of force justifiable for protection of property.--The use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary:
- to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible movable property, if such land or movable property is, or is believed by the actor to be, in his possession or in the possession of another person for whose protection he acts; or
- to effect an entry or reentry upon land or to retake tangible movable property, if:
- the actor believes that he or the person by whose authority he acts or a person from whom he or such other person derives title was unlawfully dispossessed of such land or movable property and is entitled to possession; and
- -
- the force is used immediately or on fresh pursuit after such dispossession; or
- the actor believes that the person against whom he uses force has no claim of right to the possession of the property and, in the case of land, the circumstances, as the actor believes them to be, are of such urgency that it would be an exceptional hardship to postpone the entry or reentry until a court order is obtained.
18 PA.C.S. §507(a)
Self-Defense Immunity
To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.Â
Pennsylvania does not have any laws specifically related to self-defense immunity.
Duty to Retreat
A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.Â
Pennsylvania law:
An actor who is not engaged in a criminal activity, who is not in illegal possession of a firearm and who is attacked has no duty to retreat and has the right to stand his ground and use force, including deadly force, if:
- the actor has a right to be in the place where he was attacked;
- the actor believes it is immediately necessary to do so to protect himself against death, serious bodily injury, kidnapping or sexual intercourse by force or threat; and
- the person against whom the force is used displays or otherwise uses:
- a firearm or replica of a firearm; or
- any other weapon readily or apparently capable of lethal force.
18 Pa. Stat. and Cons. Stat. Ann. § 505
Self-Defense Limitations
COMING SOON!
Use of Force Considerations
COMING SOON!
Use of Force Against Animals
A person may kill a dog that is in the act of pursuing, wounding, or killing any domestic animal; wounding or killing other dogs, cats, or household pets; or pursuing, wounding or attacking human beings, whether or not the dog bears a license tag. A person is not liable for damages for such a killing
3 P.S. §§ 459, 501, 531, and 532
In Pennsylvania, it is unlawful to kill any game animal or wildlife as a means of protection, unless it is clearly evident from all the facts that a human is endangered to the degree that the immediate destruction of the game or wildlife is necessary.
34 Pa. C.S. § 2141
Cases to Watch
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