Is carrying a firearm without a license always a felony in Pennsylvania?

No. Section 6106(a)(1) is a felony of the third degree as the base grading, but § 6106(a)(2) reduces it to a first-degree misdemeanor where the person was otherwise eligible for a license under § 6109 and committed no other criminal violation connected to the incident.

What counts as 'carrying' a firearm in a vehicle under § 6106?

A firearm doesn't need to be worn or held — one located in the passenger compartment, glovebox, or console that an occupant can readily access can satisfy the vehicle-carrying element, which is why placement and accessibility matter to the defense.

Can I get the charge dismissed if I actually had a valid license?

Potentially, yes. Section 6122 places the initial burden on someone carrying concealed to produce a license, but a valid license that existed at the time — even if not shown to the officer on the spot — can be a complete defense once produced.

Are there exceptions to needing a license under § 6106?

Yes. Section 6106(b) lists specific exceptions, including carrying in one's own home or place of business and certain other defined circumstances, which is why the facts of where and how the firearm was carried always need to be checked against the statute.

What's the difference between this charge and persons not to possess under § 6105?

Section 6106 is a licensing offense — it assumes the person could lawfully possess a firearm but didn't have or produce a license. Section 6105 is a categorical bar based on a disqualifying conviction or an active protective order, and it's a more serious charge with different defenses.

Can a § 6106 conviction affect a license-to-carry application later?

Yes. A conviction can affect the character-and-reputation standard a sheriff applies under § 6109 when evaluating a future application, so how the criminal case is resolved matters beyond the immediate sentence.

Does the officer need a warrant to search my car and find the gun?

Not always, but the stop and any search still have to be justified under the Fourth Amendment — consent, plain view, or a recognized exception to the warrant requirement. Whether that justification actually exists is one of the first things worth examining in these cases.

How does a § 6106 charge compare to a federal gun charge?

Section 6106 is a Pennsylvania offense; a separate or overlapping federal charge would arise under different federal statutes with their own elements and penalties, and the two systems don't always reach the same result on the same facts.

Gun & Firearms Offenses · Carrying Without a License

Not every § 6106 charge is a felony — but the difference depends on facts most people never think to raise.

Section 6106 criminalizes carrying a firearm concealed on your person or in a vehicle without a license to carry, but it isn't a one-size charge. Whether it's graded a third-degree felony or knocked down to a first-degree misdemeanor turns on your eligibility for a license and your record — facts that a lot of people facing this charge don't realize matter until someone raises them. I handle these cases throughout Cumberland, Dauphin, York, Adams, Perry, Franklin, and Lancaster counties, and the grading fight is often the single most important thing that happens in the case.

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How Pennsylvania handles it

Carrying a Firearm Without a License Under 18 Pa.C.S. § 6106 in Pennsylvania.

Section 6106(a)(1) makes it a felony of the third degree to carry a firearm concealed on or about one's person, or in a vehicle, without a valid license to carry, subject to the exceptions in § 6106(b). Section 6106(a)(2) reduces the grading to a misdemeanor of the first degree where the person is otherwise eligible to possess a firearm and to obtain a license under § 6109, and has not committed any other criminal violation in connection with the offense — meaning eligibility and a clean surrounding record are what stand between a felony and a misdemeanor. Section 6122 places the burden on a person carrying a concealed firearm to produce a license to carry when asked; a valid license produced at the scene, or even after the fact where it existed at the time, is a complete defense. Section 6119 supplies the default violation grading for Uniform Firearms Act offenses that don't carry their own stated grade.

Statute: 18 Pa.C.S. § 6106[1][2]

Defenses & record relief

The felony/misdemeanor line in a § 6106 case is not automatic — it depends on eligibility facts that have to be raised and documented, not assumed away by the initial charge on the complaint.

felon in possession: state vs. federal · concealed carry: PA vs. federal law · preliminary hearing lawyer

Carrying a Firearm Without a License Under 18 Pa.C.S. § 6106: orders, grading, and maximum exposure under 18 Pa.C.S. § 6106
Order, offense & grading	Maximum exposure
§ 6106(a)(1) — carrying without a license, base grading Applies where the person is not otherwise eligible for a license, or has another disqualifying issue, and none of § 6106(b)'s exceptions apply.	Felony of the third degree
§ 6106(a)(2) — reduced grading Applies where the person was otherwise eligible to possess a firearm and to obtain a license under § 6109, and committed no other criminal violation connected to the incident.	Misdemeanor of the first degree
Concealed on the person Concealment doesn't require full invisibility — partial concealment under clothing or in a bag on the body can satisfy the element.	F3 or M1 depending on eligibility
Firearm in a vehicle A firearm anywhere in the vehicle's passenger compartment, glovebox, or console the driver or occupant can readily access can qualify, without needing to be worn or held.	F3 or M1 depending on eligibility
Failure to produce a valid license — § 6122 The burden is on the person carrying concealed to produce the license; producing a valid one that existed at the time is a defense even if it wasn't shown immediately.	Same grading as the underlying § 6106 charge unless the license is produced
Combined with § 6105 disqualification A person who is not eligible to possess firearms at all — for example due to a prior enumerated conviction or active PFA — faces the more serious persons-not-to-possess charge, not just the licensing charge.	Separate, more serious felony exposure under § 6105
Combined with possessing instruments of crime — § 907 Where facts support intent to use a concealed weapon criminally, § 907 can be charged alongside § 6106.	Additional M1 exposure

Statutory maximums are ceilings, not expected outcomes. A Pennsylvania firearms charge and a parallel federal charge are separate proceedings with separate proof requirements, and they can reach different results on the same set of facts.

Jurisdiction & court process

Where a carrying without a license matter is heard.

How the felony-versus-misdemeanor fight actually gets litigated

Because § 6106(a)(2)'s reduced grading depends on eligibility for a license and a clean record connected to the incident, this is a fact question that has to be affirmatively developed — checking PICS/background-check eligibility, confirming there's no disqualifying conviction or active PFA under § 6105, and making sure no other charge from the same stop (like a DUI or a drug charge) is treated as connected in a way that defeats the reduction.

The traffic-stop and pedestrian-stop fact patterns

Most § 6106 charges in Central PA start with a traffic stop where an officer finds a firearm in the vehicle, or a pedestrian encounter where an officer pats someone down and finds a concealed handgun. In both situations, how the firearm was found — consent, plain view, a valid frisk — is often as important to the defense as the licensing question itself.

County practice — Cumberland, Dauphin, York, Adams, Perry, Franklin, and Lancaster

Preliminary hearings on § 6106 charges in these counties routinely turn on whether the Commonwealth can establish both the lack of a license and the location/concealment elements. Because § 6122 puts the initial burden on the defendant to produce a license, getting license records — a valid LTCF, an out-of-state permit, or proof of an exception under § 6106(b) — in front of the DA or magistrate early can resolve a case before it's formally charged.

How this interacts with a license-to-carry application or denial

A § 6106 charge, win or lose, can affect a pending or future application for a license to carry under § 6109's character-and-reputation standard. Anyone facing a licensing denial or revocation tied to a § 6106 case should look at how the criminal case and the licensing appeal interact rather than treating them as unrelated.

How we handle carrying without a license matters.

Produce a valid license under § 6122
If a valid license to carry existed at the time of the incident — even if it wasn't shown to the officer immediately — producing it can be a complete defense to the charge, and this should be checked before assuming the charge is unavoidable.
Litigate an applicable § 6106(b) exception
Section 6106(b) lists exceptions covering circumstances like carrying in one's own home or place of business, certain law-enforcement and military capacities, and travel to and from specific locations; whether a client's facts fall within one of these exceptions is often overlooked.
Push for § 6106(a)(2)'s reduced misdemeanor grading
Where the client was otherwise eligible for a license and there's no other criminal violation connected to the incident, the grading reduction to a first-degree misdemeanor should be affirmatively raised rather than left to the Commonwealth to concede.
Challenge the stop, frisk, or vehicle search that found the firearm
A firearm found through an unlawful traffic stop, an unsupported pat-down, or a warrantless vehicle search without valid consent or an applicable exception can be suppressed, which frequently ends the case.
Contest concealment or accessibility
Whether a firearm was actually 'concealed' on the person, or was genuinely accessible to a vehicle occupant rather than locked away or out of reach, are factual elements the Commonwealth has to prove and that don't always hold up.
Address a related eligibility issue before it compounds the case
If the real problem is a disqualifying conviction or an active PFA, that's a § 6105 issue, not a licensing issue, and needs a different strategy — conflating the two can lead to under-defending the more serious charge.

Where we appear

Firearms defense across Central Pennsylvania.

Attorney Quinlan appears in the magisterial district courts and the Courts of Common Pleas — and the license-to-carry appeal dockets — in Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties. Start with your city:

Other gun & firearms guides.

FAQ

Frequently asked questions.

Common questions about carrying without a license in Pennsylvania — procedure, consequences, and the defenses that actually matter.

No. Section 6106(a)(1) is a felony of the third degree as the base grading, but § 6106(a)(2) reduces it to a first-degree misdemeanor where the person was otherwise eligible for a license under § 6109 and committed no other criminal violation connected to the incident.
A firearm doesn't need to be worn or held — one located in the passenger compartment, glovebox, or console that an occupant can readily access can satisfy the vehicle-carrying element, which is why placement and accessibility matter to the defense.
Potentially, yes. Section 6122 places the initial burden on someone carrying concealed to produce a license, but a valid license that existed at the time — even if not shown to the officer on the spot — can be a complete defense once produced.
Yes. Section 6106(b) lists specific exceptions, including carrying in one's own home or place of business and certain other defined circumstances, which is why the facts of where and how the firearm was carried always need to be checked against the statute.
Section 6106 is a licensing offense — it assumes the person could lawfully possess a firearm but didn't have or produce a license. Section 6105 is a categorical bar based on a disqualifying conviction or an active protective order, and it's a more serious charge with different defenses.
Yes. A conviction can affect the character-and-reputation standard a sheriff applies under § 6109 when evaluating a future application, so how the criminal case is resolved matters beyond the immediate sentence.
Not always, but the stop and any search still have to be justified under the Fourth Amendment — consent, plain view, or a recognized exception to the warrant requirement. Whether that justification actually exists is one of the first things worth examining in these cases.
Section 6106 is a Pennsylvania offense; a separate or overlapping federal charge would arise under different federal statutes with their own elements and penalties, and the two systems don't always reach the same result on the same facts.

[1]18 Pa.C.S. § 6106 — Firearms not to be carried without a license — F3 generally; M1 where the person is otherwise eligible for a license and has committed no other criminal violation.
[2]18 Pa.C.S. § 6109 — Licenses to carry firearms — sheriff issuance, character-and-reputation denial standard, appeal of a denial or revocation, and reciprocity agreements under § 6109(k).
[3]18 Pa.C.S. § 6122 — Proof of license and exception — the licensee's burden of producing a license to carry when carrying a concealed firearm.
[4]18 Pa.C.S. § 6119 — Violation penalty — the default grading provision for Uniform Firearms Act offenses without their own stated grade.
[5]18 Pa.C.S. § 6105 — Persons not to possess firearms — enumerated convictions, including certain assault offenses and active protective orders, bar firearm possession.
[6]18 Pa.C.S. § 907 — Possessing instruments of crime — M1 for possessing an instrument of crime, or a weapon concealed, with intent to employ it criminally.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

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