How a Criminal Conviction Can Affect Your Gun Rights in Pennsylvania
If you’ve been convicted of a crime in Pennsylvania — even a non-violent one — you could lose your right to own or carry a firearm. In some cases, the loss is temporary. In others, it's permanent. As a criminal defense attorney with over 30 years of experience, I’ve advised countless clients on how Pennsylvania law — and federal law — impacts their Second Amendment rights. Here’s what you need to know.
Mark D. Hauser
7/29/20251 min read
🔹 State and Federal Gun Laws Both Apply
Gun rights in Pennsylvania are governed by state law under 18 Pa. C.S. § 6105, but federal law can also restrict firearm possession — even if Pennsylvania law doesn’t.
A conviction in either state or federal court may trigger a loss of rights under both systems.
🔹 Crimes That Can Cost You Your Gun Rights
You may lose your right to possess a firearm if convicted of:
Any felony
Misdemeanor domestic violence offenses (under federal law)
Drug offenses punishable by more than 2 years, even without jail time
Violent misdemeanors like assault, terroristic threats, or stalking
Certain DUI convictions if graded as a felony or if multiple offenses exist
Protective orders related to domestic violence may also restrict possession
In Pennsylvania, the loss of rights under § 6105 is often permanent, unless relief is granted through the courts.
🔹 Can You Restore Your Gun Rights?
Possibly — but the process is complex. Your options may include:
✅ Expungement: Only for limited, non-conviction outcomes (like ARD or dropped charges)
✅ Governor’s Pardon: This is the most viable path to full restoration
✅ Relief from Disabilities Petition: A state-level process under § 6105(f), but only available in limited cases
✅ Federal Relief: Extremely rare and currently unavailable due to defunding
Restoration is not automatic, even if your record is expunged or sealed. Restoration must be requested separately.
🔹 Caught With a Gun While Prohibited?
This is serious. If you’re found in possession of a firearm while legally prohibited, you may face:
Felony charges
Mandatory minimum prison sentences
Federal prosecution in addition to state charges
The charge in Pennsylvania is typically a violation of 18 Pa. C.S. § 6105, which is a felony of the second degree, carrying up to 10 years in prison and $25,000 in fines.
🔹 Why You Need Legal Advice Before Owning a Gun
Whether you’ve been charged, convicted, or are unsure of your status, do not assume you’re legally allowed to own a firearm. A mistake can cost you your freedom — even if it was unintentional.
📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.