How a Criminal Record Can Affect Your Gun Rights in Pennsylvania

If you’ve been charged with or convicted of a crime in Pennsylvania and are wondering how it affects your ability to legally own or possess a firearm, this guide will help you understand the law—and how a criminal defense attorney can help.

Who Is Prohibited from Owning a Gun in Pennsylvania?

Under both state law (18 Pa.C.S. § 6105) and federal law (18 U.S.C. § 922), several categories of individuals are barred from possessing firearms, including:

🔴 People with felony convictions

• Any conviction for a felony offense, regardless of whether it involved violence

• Includes drug felonies and theft-related felonies

🔴 Certain misdemeanor convictions

• A conviction for a first-degree misdemeanor in Pennsylvania—like terroristic threats or endangering the welfare of a child—can result in a gun ban

• Some domestic violence misdemeanors, even if graded lower, can also trigger a lifetime federal firearms ban

🔴 Active protection orders (PFA orders)

• If a Protection From Abuse (PFA) order is issued against you, you may be required to immediately surrender your firearms

🔴 Individuals with mental health commitments

• Anyone who has been involuntarily committed under Section 302 of the Mental Health Procedures Act is prohibited

🔴 Fugitives, people on probation/parole, or those with active warrants

How Long Do These Restrictions Last?

In most cases, firearm restrictions are permanent unless legal action is taken. There is no automatic restoration of rights after a conviction, probation, or sentence ends.

• For felonies and certain misdemeanors: Lifetime ban

• For active PFA orders: Until the order expires or is withdrawn

• For 302 commitments: Must file for restoration through the court

Even if a conviction happened years ago, trying to buy or possess a gun could result in new felony charges.

What If You’re Caught with a Gun While Prohibited?

Unlawful possession of a firearm is a serious offense:

• Violation of 18 Pa.C.S. § 6105 is a felony of the second degree

• Punishable by up to 10 years in prison and a $25,000 fine

• Federal charges may also apply, especially if the gun crossed state lines

Pennsylvania law enforcement agencies and the federal ATF take gun possession by prohibited persons very seriously—even if the weapon was never used.

Can Gun Rights Be Restored in Pennsylvania?

Yes, but it’s not automatic. Depending on your situation, your attorney may be able to:

✅ File a petition for expungement or pardon (for eligible offenses)
✅ Request a 302 mental health commitment relief petition through the Court of Common Pleas
✅ Challenge the underlying conviction if it was unconstitutional or invalid
✅ File a federal relief application under 18 U.S.C. § 925(c), if available

Each path requires careful legal analysis, and success often depends on how much time has passed, your current record, and the type of offense.

What If I’m Unsure About My Gun Rights?

If you’re not sure whether your record disqualifies you from owning a gun, do not attempt to buy or possess one until you speak to an attorney. Even trying to purchase a firearm and failing the background check can trigger criminal charges.

A criminal defense lawyer can:

• Review your full criminal history

• Explain which laws apply to your specific record

• Help you avoid accidental violations

• Pursue legal options to restore your rights if eligible

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you’re concerned about how your criminal record affects your gun rights in Pennsylvania, don’t take chances. With over 30 years of experience helping clients across Philadelphia and the state, Mark D. Hauser can advise you on your rights and pursue the best course of action to protect your freedom.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.