Can I be charged with felon in possession in both state and federal court for the same gun?

Yes, it's possible for both a county district attorney and the U.S. Attorney's Office to pursue charges arising from the same firearm, though in practice one system often takes the lead depending on how the investigation developed.

Is every felony conviction a disqualifier under § 6105?

Section 6105 lists specific enumerated offenses and conditions rather than covering every felony automatically, so it's worth confirming whether your specific prior conviction is actually on that list rather than assuming it applies.

Is federal sentencing always worse than state sentencing for the same conduct?

Not always, but federal sentencing under the U.S. Sentencing Guidelines and potential enhancements under 18 U.S.C. § 924 frequently produce longer real-world exposure than a comparable state F2 charge under § 6105.

What is the armed-career-criminal enhancement?

It's a federal mandatory minimum under 18 U.S.C. § 924(e) that applies to certain defendants with multiple qualifying prior violent-felony or serious-drug convictions, and it can significantly increase federal sentencing exposure beyond the base offense.

Why would ATF get involved in what seems like a local gun case?

ATF often becomes involved when there are multiple firearms, suspected trafficking, an interstate connection, or a lengthy criminal history, and local police or prosecutors may refer a case for federal review under those circumstances.

Does a federal charge mean I automatically lose the case?

No. Federal felon-in-possession cases can still be defended on grounds including unlawful search and seizure, whether the firearm was knowingly possessed, and whether the prior conviction actually qualifies as a predicate offense.

Compare · Felon in Possession: State vs. Federal

The same firearm found in the same house can become a state case, a federal case, or both.

Pennsylvania's § 6105 makes it a crime for a person with an enumerated disqualifying conviction, an active protective order, or another listed condition to possess, use, control, or transfer a firearm. Federal law reaches similar ground under 18 U.S.C. § 922(g), which prohibits possession by felons, certain domestic violence misdemeanants, people subject to qualifying protective orders, and other categories, with penalties enforced separately under 18 U.S.C. § 924. The two systems overlap heavily but aren't identical — the categories of prohibited people don't line up perfectly, the sentencing exposure is structured very differently, and which system ends up prosecuting a given case often depends on factors like whether ATF was involved in the investigation, whether the firearm crossed state lines, or whether local police simply referred the case to the county district attorney. Knowing which system you're actually in changes almost everything about how the case is defended.

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The short answer

Pennsylvania § 6105 prosecution

A state persons-not-to-possess case under § 6105 is generally an F2, prosecuted by the county district attorney in the court of common pleas, and it applies to an enumerated list of prior convictions, active protective orders, and other specific disqualifying conditions defined in the statute itself. Someone disabled under § 6105 by an offense that has since been decriminalized, or who otherwise qualifies, may petition for restoration of firearm rights under § 6105.1. State sentencing runs under 18 Pa.C.S. § 1103's felony framework, with the possibility of county-level plea negotiation, and state discovery and suppression practice follows Pennsylvania rules of criminal procedure that many defense attorneys handle routinely in local courts.

Federal § 922(g) prosecution

A federal felon-in-possession case under 18 U.S.C. § 922(g) is prosecuted by the U.S. Attorney's Office, often following an ATF investigation or referral, and it applies to a broader-in-some-ways, narrower-in-others set of categories than § 6105, including any felony conviction regardless of Pennsylvania's specific enumerated list, along with domestic violence misdemeanants and protective-order subjects under § 922(g)(8) and (g)(9). Federal sentencing follows the U.S. Sentencing Guidelines, which frequently produce longer effective exposure than a comparable state charge, and 18 U.S.C. § 924 can add consecutive mandatory penalties in certain circumstances, including the armed-career-criminal enhancement under § 924(e) for people with multiple prior violent-felony or serious-drug convictions. Federal cases also proceed under federal rules of criminal procedure and evidence, with different discovery timelines, detention standards, and plea dynamics than a county case.

Pennsylvania § 6105 prosecution vs. Federal § 922(g) prosecution — Pennsylvania comparison
What matters	Pennsylvania § 6105 prosecution	Federal § 922(g) prosecution
Core statute	18 Pa.C.S. § 6105, generally F2	18 U.S.C. § 922(g), penalties under § 924
Prosecuting authority	County district attorney	U.S. Attorney's Office
Who's disqualified	Enumerated list of prior offenses and conditions specific to § 6105	Any felony conviction, plus domestic violence and protective-order categories under § 922(g)(8)-(9)
Court system	Pennsylvania court of common pleas	U.S. District Court
Sentencing structure	18 Pa.C.S. § 1103 felony ranges, county sentencing guidelines	U.S. Sentencing Guidelines, often producing longer real-world exposure
Mandatory enhancement risk	No direct parallel to armed-career-criminal enhancement	§ 924(e) armed-career-criminal 15-year mandatory minimum for qualifying prior record
Path to restoring rights	§ 6105.1 restoration petition for certain decriminalized or qualifying disabilities	No comparable federal restoration mechanism in most circumstances
How the case typically starts	Local police investigation, search warrant, or traffic stop referred to the DA	ATF-involved investigation, joint task force, or federal referral of a state case
Pretrial detention posture	State bail set under county practice	Federal detention hearings apply a different, often stricter, standard

Scroll the table horizontally to compare every column. Statutory maximums are ceilings, not expected outcomes[1]. Nothing on this page is a prediction about a specific case.

Which one fits your case.

Why it matters which system charges you

Because federal sentencing guidelines and mandatory minimums under § 924 frequently produce more severe real-world outcomes than a comparable § 6105 state charge, understanding early which system is actually involved — or likely to become involved — changes what a reasonable resolution looks like.

When a state case can turn into a federal one

Local police and county prosecutors sometimes refer firearms cases to ATF or the U.S. Attorney's Office, particularly where there's a lengthy record, multiple firearms, or suspected trafficking, so a case that starts as a routine § 6105 charge can escalate before it's resolved.

What we look at first

I confirm exactly which prior conviction or condition is being used to establish the disability, review whether it actually falls within § 6105's enumerated list or § 922(g)'s categories as charged, and evaluate the search or stop that led to the firearm being found for suppression issues.

What you should not do

Don't assume a state charge stays a state charge, and don't assume every prior conviction actually qualifies as disqualifying — confirming the specific triggering offense is often the first and most productive place to push back.

Frequently asked questions.

Common questions about felon in possession: state vs. federal in Pennsylvania.

Yes, it's possible for both a county district attorney and the U.S. Attorney's Office to pursue charges arising from the same firearm, though in practice one system often takes the lead depending on how the investigation developed.
Section 6105 lists specific enumerated offenses and conditions rather than covering every felony automatically, so it's worth confirming whether your specific prior conviction is actually on that list rather than assuming it applies.
Not always, but federal sentencing under the U.S. Sentencing Guidelines and potential enhancements under 18 U.S.C. § 924 frequently produce longer real-world exposure than a comparable state F2 charge under § 6105.
It's a federal mandatory minimum under 18 U.S.C. § 924(e) that applies to certain defendants with multiple qualifying prior violent-felony or serious-drug convictions, and it can significantly increase federal sentencing exposure beyond the base offense.
In some circumstances, yes — § 6105.1 provides a restoration petition process for people disabled by an offense that has since been decriminalized or who otherwise meet the statute's requirements, though it doesn't apply to every disqualifying conviction.
ATF often becomes involved when there are multiple firearms, suspected trafficking, an interstate connection, or a lengthy criminal history, and local police or prosecutors may refer a case for federal review under those circumstances.
No. Federal felon-in-possession cases can still be defended on grounds including unlawful search and seizure, whether the firearm was knowingly possessed, and whether the prior conviction actually qualifies as a predicate offense.

[1]18 Pa.C.S. § 6105 — Persons not to possess firearms — enumerated convictions, including certain assault offenses and active protective orders, bar firearm possession.
[2]18 Pa.C.S. § 6105.1 — Restoration of firearm rights — petition procedure for persons disabled by certain offenses that have since been decriminalized or otherwise qualify.
[3]18 U.S.C. § 922 — Federal firearms offenses — including § 922(a)(6) false statements in a firearm purchase and § 922(d) transfers to prohibited persons, the federal straw-purchase provisions.
[4]18 U.S.C. § 922(g) — Federal firearms prohibitions — § 922(g)(8) covers persons subject to a qualifying protective order and § 922(g)(9) covers misdemeanor crimes of domestic violence.
[5]18 U.S.C. § 924 — Federal firearms penalties — § 924(a) general penalties, § 924(c) consecutive mandatory terms for using or carrying a firearm during a drug or violent federal offense, and § 924(e) armed career criminal provisions.

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

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