A past felony conviction follows a person long after their sentence is complete, and firearm rights are one of the most significant casualties. Yes, it is illegal to possess a firearm in Pennsylvania if a person has a felony conviction. State law imposes this prohibition automatically, regardless of when the conviction occurred, how much time has passed, or whether the underlying felony involved violence.
The Statute: 18 Pa.C.S. § 6105
Pennsylvania’s firearm prohibition law is codified at Title 18, Section 6105, titled “Persons not to possess, use, manufacture, control, sell or transfer firearms.” The statute states that a person convicted of an offense enumerated under subsection (b), within or outside of Pennsylvania, is barred from possessing, using, controlling, selling, transferring, or manufacturing a firearm, or from obtaining a license to do so. This prohibition applies regardless of the length of the sentence imposed for the underlying offense.
Any Felony Conviction Triggers a Lifetime Ban
One of the most sweeping aspects of Pennsylvania’s firearms law is how broadly it applies. Any felony conviction permanently bars a person from possessing a firearm in the Commonwealth. It makes no difference whether the felony involved violence, whether the conviction occurred in Pennsylvania, another state, or under federal law, or how long ago the conviction took place. A felony drug conviction under Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act, or an equivalent federal or out-of-state statute, triggers the same lifetime prohibition as a violent felony conviction.
Beyond Felonies: Other Prohibited Categories
While felony convictions represent the broadest category, Section 6105 also lists specific enumerated misdemeanor offenses under subsection (b) that trigger the same firearm prohibition, even without a felony conviction. Subsection (c) further extends the prohibition to several other categories of individuals, including those subject to an active protection-from-abuse order, individuals who have been involuntarily committed for mental health treatment, certain fugitives from justice, and juveniles adjudicated delinquent for conduct that would constitute one of the enumerated violent offenses if committed as an adult. Anyone conducting conduct elsewhere that would qualify as one of these listed offenses in Pennsylvania falls under the same prohibition, even if the conviction occurred in another jurisdiction.
Penalties for Violating the Prohibition
Violating Section 6105 is treated as a serious felony offense. A person convicted of an enumerated felony or a Controlled Substance Act felony who is later found in possession of a firearm generally commits a second-degree felony. The offense escalates to a first-degree felony if the person has previously been convicted of violating this same prohibition, or if, at the time of the new violation, the person was in physical possession or control of the firearm, whether it was visible, concealed, or simply within reach. Pennsylvania’s sentencing guidelines also require a sentencing enhancement for violations that meet this more serious first-degree felony threshold.
Relinquishment Requirements
The law does not simply prohibit future possession; it also requires affirmative action from individuals who already own firearms at the time a disqualifying event occurs. A person whose prohibition arises from certain mental health-related grounds must relinquish any firearms and firearm licenses already in their possession, as outlined under a related statute governing relinquishment by convicted persons. Similarly, a person subject to a protection-from-abuse order must relinquish firearms, other weapons, ammunition, and firearm licenses as part of that civil proceeding.
Federal Law Adds Another Layer
Pennsylvania’s firearm prohibition operates alongside federal law, which independently bars felons from possessing firearms or ammunition under 18 U.S.C. § 922(g). This means a person with a felony record who possesses a firearm can potentially face prosecution in either state or federal court, and federal penalties can be significantly harsher than Pennsylvania’s own sentencing scheme.
Bottom Line
Pennsylvania’s firearm prohibition for felons is broad, automatic, and largely permanent absent a formal legal process to restore rights. Anyone with a felony record who has questions about firearm ownership, or who is facing charges under Section 6105, should consult a licensed Pennsylvania criminal defense attorney.
