While many people associate firearm restrictions with felony convictions, the reality is more complex. Under 18 Pa. C.S.A. § 6105, a wide range of individuals may be prohibited from owning, possessing, or controlling a firearm based on prior convictions, court orders, or other legal circumstances.
Violating this law can lead to serious criminal charges.
Individuals may not realize they are prohibited until law enforcement discovers a firearm in their possession. In this article, our Montgomery County gun crime lawyer presents a closer look at how Pennsylvania defines “persons not to possess a firearm” and who qualifies as a prohibited person.
What Does 18 Pa. C.S.A. § 6105 Prohibit?
At its core, 18 Pa. C.S.A. § 6105 makes it illegal for certain individuals to possess, use, control, sell, or transfer a firearm. This prohibition applies regardless of whether the firearm is owned by the individual or belongs to someone else.
The law is intentionally broad. It does not just prohibit carrying a gun in public. It applies to situations where a firearm is kept in a home, vehicle, or other location under a person’s control. Even temporary access to a firearm may be enough to trigger a charge for possession of a firearm by a prohibited person.
Who Is Prohibited From Possessing Firearms Under Pennsylvania Law?
The categories of prohibited persons extend beyond a single type of offense or circumstance. Individuals who may be prohibited include:
Enumerated Offense Convictions: Individuals convicted of specific offenses listed, including crimes involving violence, weapons, or burglary
- Drug-Related Convictions: Individuals convicted of qualifying offenses under the Pennsylvania Controlled Substance Act
- Active PFA Orders: Persons subject to Protection From Abuse orders that require them to relinquish a firearm
- Juvenile Adjudications: Individuals adjudicated delinquent for offenses that would disqualify an adult under § 6105
- Mental Health Commitments: Persons involuntarily committed for treatment under the Mental Health Procedures Act
- Other Statutory Categories: Additional individuals specifically identified as prohibited under § 6105
Because the statute includes a detailed list of disqualifying offenses and conditions, determining eligibility often requires a close review of an individual’s legal history.
How Prior Convictions Can Lead to “Persons Not to Possess a Firearm” Charges
A conviction is one of the most common reasons a person becomes prohibited under the law. However, not all convictions are treated the same.
Some offenses are specifically listed in the statute and result in an automatic, often lifetime prohibition. Others may lead to firearm restrictions based on factors such as the grading of the offense or the potential sentence involved.
Even older convictions can still have lasting consequences. In many cases, a person who completed their sentence years ago may still be barred from possessing a firearm today.
Protection From Abuse Orders and Firearm Restrictions
Firearm restrictions are not limited to criminal convictions. Individuals subject to a Protection From Abuse (PFA) order may be required to relinquish their firearms while the order is in effect.
This is typically a temporary restriction, but it is strictly enforced. Courts may order the immediate surrender of firearms, and failure to comply can lead to additional legal consequences, including additional charges related to possession of a firearm by a prohibited person.
Once a PFA order expires or is lifted, firearm rights may be restored. However, each situation is different, and the specific terms of the order play a significant role.
Mental Health Commitments and Firearm Disqualification
Pennsylvania law also restricts firearm possession for certain individuals who have been involuntarily committed for mental health treatment.
It is important to distinguish between voluntary and involuntary commitments:
- Voluntary treatment does not automatically result in a firearm prohibition.
- Involuntary commitments may lead to restrictions that are reported through background check systems.
These restrictions can remain in place unless and until they are addressed through appropriate legal procedures.
What Counts as Possession Under Pennsylvania Law?
One of the most important aspects of a “persons not to possess a firearm” charge is how “possession” is defined. The law recognizes both actual and constructive possession.
- Actual possession means physically holding or carrying a firearm
- Constructive possession means having the ability and intent to control a firearm, even if it is not in your hands
For example, a person may be charged if a firearm is found:
- In a vehicle they are driving or controlling
- In a home where they have access to and control over the area where the firearm is located
This broad definition means that a person does not need to own a firearm to face charges. Access and control alone may be enough under Pennsylvania law.
Penalties for “Persons Not to Possess a Firearm” Charges in Pennsylvania
A conviction for this offense is treated as a serious felony under Pennsylvania law and may carry significant consequences.
- Typically, you are charged with a felony of the second degree (F2), and depending on the underlying disqualification, it could be either an F1 or F3
- Potential state incarceration and fines following a felony conviction
- Permanent criminal record and ongoing firearm prohibitions
The exact grading and consequences depend on the person’s prior history and the basis for the prohibition.
Can Firearm Rights Be Restored After a Prohibition?
In some situations, individuals may be able to seek relief from firearm prohibitions. Pennsylvania law provides limited avenues for restoring rights, including relief under 18 Pa. C.S. § 6105(f).
Other potential options may include:
- Applying for a pardon
- Seeking expungement
Eligibility for these remedies depends heavily on the reason for the prohibition. Some disqualifications are more difficult to overcome than others, and the process can be complex.
How Pennsylvania Law Interacts With Federal Firearm Restrictions
State law is only one part of the picture. Federal law, specifically 18 U.S.C. § 922, also prohibits certain individuals from possessing firearms.
In many cases, a person who is prohibited under Pennsylvania law will also be prohibited under federal law. This overlap means that a single incident could potentially lead to both state and federal consequences.
Federal charges are handled separately and may carry their own penalties, making it important to understand how both systems apply.
Charged With Unlawful Possession of a Firearm? Call McKenzie Law Firm, P.C.
Being charged with possession of a firearm by a prohibited person can carry significant legal consequences, particularly because of how broadly the law defines possession and who qualifies as a prohibited person. Even situations that seem minor may result in criminal charges depending on the circumstances.
If you are facing a “persons not to possess a firearm” charge, McKenzie Law Firm, P.C. may be able to help. Our criminal defense lawyer represents individuals facing charges throughout southeastern Pennsylvania and can help you evaluate your legal options. Contact our firm to discuss your situation and learn what steps may be available to you.
