Rifles and Shotguns
Handguns
PurchaseAny individual or dealer selling a handgun is required to sell or transfer it at the place of business of a licensed dealer or county sheriff’s office.Transfers of all firearms (handguns, rifles and shotguns) by a licensed dealer are subject to an instant records check of the purchaser. The purchaser must sign a transfer application/record of sale for the purchase of a handgun. No transfer application/record is necessary to transfer a rifle or shotgun. There is a $2 fee for the instant check and a $3 firearm sale surcharge to cover telephone costs. Transfers between spouses, parent and child or grandparent and grandchild or between active law enforcement officers are exempt from the above requirements. Rifles and shotguns may be transferred between unlicensed individuals. Antique firearms are exempt from the requirements regarding transfer of firearms through dealers. It is unlawful for any licensee to sell, deliver or transfer any handgun, other than an antique firearm, to any person unless the transferee is provided or purchases a locking device for that firearm, or the design of the firearm incorporates a locking device. Exempt from this requirement are transfers between licensed dealers and any law enforcement officer. A locking device is a device that when installed on a firearm prevents the firearm from being operated without deactivating the device or a device that is incorporated into the design of a firearm and that is designed to prevent the operation of the firearm by anyone not having access to the device. It is unlawful to lend, give, or otherwise transfer a handgun unless exempted by law or by following the procedure previously described. Exempted is a person who receives the handgun and has a license to carry or who is engaged in a Pennsylvania Game Commission or NRA hunter safety, firearm training, or competition program or who is engaged in hunting or trapping. Also exempted is the loaning or giving of a handgun to another person who will remain within the transferor’s dwelling or place of business, a transfer to carry out a bequest or intestate succession, and a person under 18 who is under the direct supervision of a responsible person at least 21. No person may knowingly or intentionally transfer any firearm to any person who is prohibited from possession. No Pennsylvania resident who may lawfully purchase, possess, sell, or transfer a firearm shall be prohibited from purchasing or otherwise obtaining a rifle or shotgun in a jurisdiction outside the Commonwealth. Persons convicted of drunk driving three times within a five-year period may possess but may not purchase a firearm. A person with certain disabling convictions that keep him or her from purchasing and possessing firearms may apply to the Court of Common Pleas for restoration of his or her firearms rights. Such restoration does not constitute a pardon or guarantee an expungement of a criminal record. Free brochures summarizing state law relating to the buying, selling, and transferring of firearms shall be provided by the State Police to every licensed firearms dealer and each individual who purchases a firearm from a licensed dealer. PossessionNo license is required to possess rifles and shotguns, or to possess handguns in one’s home or place of business. It is unlawful for the following to possess any firearm:
It is unlawful to possess any firearm in a court facility. At or within the building containing a court facility, lockers or similar facilities shall be available by July 1, 2002, at no charge, for the temporary checking of firearms by persons lawfully carrying same. It is unlawful for a person under 18 to possess a handgun. This does not apply to a minor who is under the supervision of a parent, grandparent, legal guardian or adult acting with the consent of the minor’s custodial parent or legal guardian, when the minor is engaged in lawful activity including training, target shooting or competition, or the firearm is unloaded and the minor is transporting it for lawful purpose or a person under the age of 18 who is lawfully hunting or trapping in accordance with the Pennsylvania Game Code. CarryIt is unlawful to possess any firearm on school property but it shall be 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 is unlawful to carry a handgun, rifle or shotgun upon the public streets or upon any public property during an emergency proclaimed by a governmental executive unless the person carrying is actively engaged in lawful self defense, is licensed to carry firearms, or is exempt from licensing requirements. It is unlawful to carry a handgun, rifle or shotgun upon the public streets or upon any public property in Philadelphia unless the person carrying is licensed to carry firearms or is exempt from licensing requirements. Any person carrying a handgun in any vehicle or concealed on or about his person’ is required to have a license to carry or a Sportsman’s Firearm Permit (good only for hunting, fishing, trapping and dog training). However, no license is required:
Application for a license to carry may be made to the chief of police in a city of the first class (Philadelphia) or sheriff in the county where the applicant resides. Non-residents may apply to any county sheriff but must first possess any applicable license required by their state of residence. All information provided by the potential purchaser, transferee or applicant, including but not limited to, the potential purchaser, transferee or applicant’s name or identity, is confidential and not subject to public disclosure. The license is valid for five years from the date of issuance unless sooner revoked for good cause. The fee is $19.00. The issuing officer shall, within 45 days, issue the license unless good cause exists to deny. The state code lists several factors which preclude issuance of a license, including, but not limited to:
A license to carry or a Sportsman’s Firearm Permit does not authorize carrying a loaded shotgun or rifle in any vehicle. A Sportsman’s Firearm Permit does not authorize carrying a loaded handgun in a vehicle. A weapon is “loaded” if there is ammunition capable of being fired in the firing chamber, any cylinder of a revolver, in a nondetachable magazine, or in a detachable magazine that is attached or in the same container or compartment as the firearm. Transportation in a VehicleA handgun being transported in a vehicle without a license to carry must be unloaded and must be carried under one of the exceptions listed above under ‘Carry.’ Rifles and shotguns may be transported in a vehicle as long as they are unloaded.While transporting a firearm without a license, it is up to the person carrying the firearm to demonstrate that one of the exceptions applies. A law enforcement officer may demand such evidence. Antiques“Antique firearm” means:
Machine GunsMost items that are required to be registered under the National Firearms Act such as machine guns, suppressors, short barreled rifles and shotguns, are prohibited in Pennsylvania as “offensive weapons” unless they are registered under the NFA.It is an affirmative defense for those found in possession of NFA weapons if proven by a preponderance of the evidence that there were possessed:
MiscellaneousThe state legislature has preempted the field of firearm regulation. No county, municipality or township may in any manner regulate the lawful ownership, possession or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of the Commonwealth.No political subdivision may bring or maintain an action at law or in equity against any firearm 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 manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public. This does not prevent a political subdivision from bringing an action for breach of contract or warranty for firearms or ammunition purchased by the political subdivision. It is a felony to alter, change, remove or obliterate the manufacturer’s number integral to the frame or receiver of a firearm, or to possess a firearm that has been so altered. This does not apply to antique firearms. Nothing in the law allows a government agency or an agent thereof to create, maintain, or operate any registry of firearms ownership within the Commonwealth. Sources: 18 PA CONS. STAT. § 908; §§ 6101; 6102; 6105-6109; 6110.1; 6110.2; 6111; 6111.2-6111.4; 6117; 6118; 6120; 6122; 6125; 6141.1; 6142 See Also: NRAILA |