Gun Possession Charges in Pennsylvania: What You Need to Know

Gun possession offenses in Pennsylvania are governed by the Uniform Firearms Act (18 Pa.C.S. § 6101 et seq.) and carry serious consequences, including felony charges, mandatory minimums, and long-term impacts on civil rights.

• § 6106 – Possession without a license: Carrying a concealed firearm without a valid license is a third-degree felony, unless the person qualifies for an exemption.
• § 6105 – Possession by a prohibited person: Individuals with certain convictions, active PFAs, or mental health commitments are barred from firearm possession. Violations are typically second-degree felonies.
• § 6108 – Carrying firearms in Philadelphia: In cities of the first class (currently only Philadelphia), it is illegal to carry a firearm, rifle, or shotgun on public streets or public property without a valid license or exemption under § 6106(b). This offense is often charged as a misdemeanor of the first degree, but can be graded higher depending on circumstances.
• § 6110.2 – Possession of a firearm with an altered serial number: A second-degree felony, regardless of whether the firearm is otherwise legally owned.
• § 6110.1 – Possession by minors: Generally prohibited unless under specific exceptions (e.g., supervised hunting).

• Felony 1: Up to 20 years in prison and $25,000
• Felony 2: Up to 10 years in prison and a $25,000 fine
• Felony 3: Up to 7 years in prison and a $15,000 fine
• Misdemeanor 1: Up to 5 years in prison and a $10,000 fine

• Lack of knowledge or intent
• Unlawful search and seizure (Fourth Amendment)
• Constructive possession or mistaken identity
• Valid license or statutory exemption
• Restoration of rights or pardon

Status: Under review by the Pennsylvania Supreme Court

• Background: Section 6108 of the Uniform Firearms Act prohibits open carry of firearms in Philadelphia without a license, even though open carry is legal elsewhere in the state for individuals 18 and older.
• Recent Ruling: In Commonwealth v. Sumpter, the Pennsylvania Superior Court ruled that § 6108 violates the Equal Protection Clause of the 14th Amendment as applied, creating a two-tiered system of gun rights based on geography.
• Pending: The Pennsylvania Supreme Court is reviewing whether the Philadelphia-specific licensing requirement violates the state and federal constitutions.

Status: Awaiting decision from the PA Supreme Court

• Issue: Cities like Philadelphia, York, and Harrisburg have passed local bans on ghost guns and auto sears (e.g., Glock switches), despite Pennsylvania’s preemption law (§ 6120), which prohibits municipalities from regulating firearms.
• Challenge: Gun rights groups (e.g., Gun Owners of America) have filed lawsuits arguing these local laws are unconstitutional. The PA Supreme Court is expected to rule on whether these ordinances violate state preemption.

Case: Lara v. Commissioner, PA State Police
Status: Pending before the U.S. Supreme Court

• Issue: Pennsylvania law bars 18–20-year-olds from carrying firearms during a declared state of emergency.
• Challenge: The Second Amendment Foundation and Firearms Policy Coalition argue this violates the Second Amendment. The Third Circuit ruled in favor of the plaintiffs, but the case was remanded for reconsideration in light of U.S. v. Rahimi.

• Overview: This landmark case challenges multiple provisions of Pennsylvania’s Uniform Firearms Act (UFA) on Second Amendment grounds. Plaintiffs include Julio Suarez, Daniel Binderup, and Daniel Miller, represented by the Firearms Policy Coalition and Second Amendment Foundation.
• Key Provisions Challenged:
  
  • • § 6106: Prohibits carrying firearms in vehicles without a license.
    • § 6107: Bans public carry during a declared state of emergency.
    • § 6109: Denies licenses to individuals with certain criminal convictions.
    • § 6108: Prohibits carrying firearms in public in Philadelphia (dismissed for lack of standing but may be refiled).
• District Court Ruling (July 2024):
  

  • Struck down:
    
    • The ban on carrying firearms in vehicles without a license.
    • The prohibition on public carry during a state of emergency.
  • Upheld:
    
    • The licensing requirement for concealed carry.
    • The denial of licenses to individuals with disqualifying convictions.
  • § 6108: The court dismissed this challenge without prejudice, allowing plaintiffs to amend and refile.
• Significance: The court applied the Bruen “text, history, and tradition” test, finding that vehicle transport is protected by the Second Amendment. The ruling could reshape how Pennsylvania enforces gun transportation and emergency-related restrictions.