Criminal Defense · Gun & Firearms Offenses
Gun and firearms charges in Pennsylvania.
Pennsylvania's Uniform Firearms Act reaches carrying, possessing, buying, and transferring — and a single traffic stop can produce a third-degree felony for someone with no record at all. This pillar maps every charge, the licensing side, and the federal overlay that runs alongside the state case.
Grading & sentencing ranges
Every firearms charge, statute, and maximum.
The tables below are statutory ceilings under Title 18's firearms chapter, the federal counterparts, and the enhancements that get stacked on top. They are the numbers the legislature wrote — not the numbers most clients actually face.
Possession & Carrying Offenses (§§ 6105, 6106, 6106.1, 6110.2)
Statute: 18 Pa.C.S. §§ 6105, 6106, 6106.1, 6110.2[3][1][17]
| Offense & grading | Maximum exposure |
|---|---|
Carrying a firearm without a license — F3 § 6106(a)(1) Concealed on the person or in a vehicle without a valid license to carry. | Up to 7 years, $15,000 |
Carrying without a license — M1 § 6106(a)(2) Where the person is otherwise eligible for a license and has committed no other criminal violation — the grading we fight for in most first cases. | Up to 5 years, $10,000 |
Persons not to possess — § 6105 Applies after enumerated convictions and while an active protective order is in effect. Constructive possession is enough. | Graded by the disabling offense |
Altered manufacturer's number — § 6110.2 Frequently stacked on a § 6105 or § 6106 count when the serial number is defaced. | Felony exposure |
Carrying loaded weapons other than firearms — § 6106.1 The vehicle/highway loaded-weapon offense charged alongside § 6106 in traffic-stop cases. | Graded misdemeanor exposure |
Purchases, Transfers & Straw Buys (§ 6111; 18 U.S.C. § 922)
Statute: 18 Pa.C.S. § 6111; 18 U.S.C. § 922[7][14][17]
| Offense & grading | Maximum exposure |
|---|---|
False statement on a transfer form — § 6111(g)(4) The Pennsylvania straw-purchase provision: a materially false written statement made in connection with a purchase or transfer. | Felony exposure |
Unlawful transfer / background-check violations — § 6111 Covers dealer duties, the instant check, and transfers to a person the seller knows is prohibited. | Graded by subsection |
Federal false statement — 18 U.S.C. § 922(a)(6) Charged out of the same paperwork the state case relies on; ATF traces drive these prosecutions. | Federal felony exposure |
Federal transfer to a prohibited person — 18 U.S.C. § 922(d) Independent of state grading; a state acquittal does not bar the federal charge. | Federal felony exposure |
Weapons Enhancements & Mandatories (§ 907; § 9712; § 924(c))
Statute: 18 Pa.C.S. § 907; 42 Pa.C.S. § 9712; 18 U.S.C. § 924(c)[11][12][16]
| Offense & grading | Maximum exposure |
|---|---|
Possessing instruments of crime — § 907 An M1 that gets added when a weapon is alleged to have been possessed for criminal use. | Up to 5 years, $10,000 |
Deadly weapon enhancement — 204 Pa. Code § 303.10 Possessed and used matrices increase the standard range without changing the statutory maximum. | Raises the guideline range |
Firearm mandatory — 42 Pa.C.S. § 9712 Visible possession of a firearm during an enumerated crime of violence; confirm current application after Alleyne v. United States. | 5-year mandatory minimum |
Federal § 924(c) count Using or carrying a firearm during a federal drug-trafficking or violent offense — served consecutively to everything else. | Consecutive mandatory term |
Maximums are statutory ceilings, not expected sentences. Felony and misdemeanor ceilings come from 18 Pa.C.S. § 1103[17] and § 1104[18]; Uniform Firearms Act offenses without a stated grade default to § 6119[9].
How these cases actually arrive
Three doors into a Pennsylvania gun case.
Charge, disability, or license
Most firearms matters start one of three ways: a carrying charge out of a traffic stop under § 6106, a possession charge built on a prior conviction or an active protective order under § 6105, or a licensing problem — a sheriff's denial or revocation under § 6109, or an instant-check denial challenged under § 6111.1. Each door has a different forum, a different burden, and a different deadline.
The firearms defense hub.
Each page below covers one charge or licensing problem in depth — the statute, the grading, the defenses, and the restoration options. Click into whichever matches your situation.
Gun Charges Lawyer
18 Pa.C.S. §§ 6105, 6106
The core money page for Pennsylvania firearms felonies — grading, mandatory exposure, and how possession cases are actually defended.
Read the guideCarrying Without a License
18 Pa.C.S. § 6106
Carrying a concealed firearm, or one in a vehicle, without a license to carry can be graded as a felony or a misdemeanor depending on your eligibility and record.
Read the guidePersons Not to Possess
18 Pa.C.S. § 6105
Section 6105 is Pennsylvania's categorical firearms bar — it applies to enumerated prior convictions and to anyone subject to an active protective order.
Read the guideStraw Purchases
18 Pa.C.S. § 6111(g)(4)
Buying a firearm for someone else, or making a false statement on the required purchase forms, can bring state and federal felony charges at the same time.
Read the guideFirearms in a Vehicle
18 Pa.C.S. § 6106; § 6106.1
A firearm found during a traffic stop — in the glovebox, console, or trunk — raises accessibility, ownership, and search-and-seizure questions before it raises a licensing question.
Read the guideOut-of-State Permits & Reciprocity
18 Pa.C.S. § 6109(k); § 6106
Not every state's carry permit is honored in Pennsylvania, and assuming reciprocity applies can turn a routine traffic stop into a § 6106 felony charge.
Read the guideFederal vs. State Gun Charges
18 U.S.C. §§ 922, 924; 18 Pa.C.S. § 6105
How a firearms case ends up prosecuted federally instead of in a county court, and why the exposure under §§ 922 and 924 is different from a state charge.
Read the guideLicense Denial & Appeals
18 Pa.C.S. § 6109; § 6111.1
A sheriff's character-and-reputation denial and a PICS background-check denial are two different problems with two different appeal routes — and both run on deadlines.
Read the guideWeapons & Assault Enhancements
18 Pa.C.S. § 907; 42 Pa.C.S. § 9712
Possessing instruments of crime, the deadly-weapon sentencing enhancements, and firearm mandatories stacked onto a violent count.
Read the guideDomestic Violence & Firearms
23 Pa.C.S. § 6108(a)(7); 18 U.S.C. § 922(g)
PFA relinquishment, the § 6105 state bar, and the independent federal prohibitions that attach in domestic cases.
Read the guideFirearms law, compared side by side.
Gun questions are usually comparison questions — state or federal, denial or revocation, what a permit actually covers. These guides answer them one pair at a time.
Concealed Carry: PA vs. Federal Law
Where Pennsylvania's license-to-carry scheme ends and federal restrictions begin — and how people get charged in the gap.
Felon in Possession: State vs. Federal
Section 6105 versus 18 U.S.C. § 922(g): different triggers, different sentencing math, and why the forum matters most.
LTC Denial vs. Revocation
A sheriff's initial denial and a revocation of an issued license follow different procedures and different appeal postures.
How we defend firearms cases.
Attack the stop, the frisk, and the search
Most firearms cases are search cases. Whether the officer had reasonable suspicion to frisk, probable cause to open a console, or valid consent decides whether the gun is evidence at all — and suppression usually ends the prosecution.
Litigate possession, not proximity
A firearm in a shared car or a shared home is not automatically yours. The Commonwealth has to prove knowledge and the intent and power to control it, and that proof is often thinner than the affidavit suggests.
Fight for the § 6106(a)(2) grading
Where a client was otherwise eligible for a license and committed no other criminal violation, § 6106 drops from an F3 to an M1. That single distinction changes the guideline range and the felony label.
Check the disability itself
Section 6105 cases turn on whether the predicate conviction or order actually disables the client. Out-of-state records, juvenile adjudications, expunged matters, and expired orders all get misread in the paperwork.
Plan around the federal overlay
Federal prohibitions under 18 U.S.C. § 922(g) and the § 924(c) mandatory operate independently of the state case. A disposition that looks good in county court can create federal exposure, so we design around both.
Protect or restore the license
Where the real problem is a sheriff's denial or a revocation, the fight belongs in the licensing appeal under § 6109 or a PICS challenge under § 6111.1 — sometimes alongside an expungement that clears the underlying record.
Where we appear
Firearms defense across Central Pennsylvania.
Attorney Quinlan appears in the magisterial district courts, 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:
Harrisburg criminal defense lawyer
Dauphin County
Camp Hill criminal defense lawyer
Cumberland County
Carlisle criminal defense lawyer
Cumberland County
York criminal defense lawyer
York County
Mechanicsburg criminal defense lawyer
Cumberland County
Hershey criminal defense lawyer
Dauphin County
Related: Pennsylvania criminal defense overview · weapons & assault enhancements · domestic violence & firearms · assault charges.
FAQ
Frequently asked questions.
Common questions about Pennsylvania gun and firearms charges — grading, licensing, constructive possession, and federal exposure.
Usually yes. Carrying a concealed firearm on your person or in a vehicle without a valid license to carry is a third-degree felony under 18 Pa.C.S. § 6106(a)(1), carrying up to 7 years. It drops to a first-degree misdemeanor under § 6106(a)(2) where the person was otherwise eligible for a license and committed no other criminal violation — which is why that grading distinction is often the first thing I litigate.
Yes. Pennsylvania allows constructive possession, so a firearm in a glovebox, console, or shared apartment can be charged against more than one person. But the Commonwealth still has to prove you knew it was there and had the intent and the power to control it, and that is a genuinely contestable element in most vehicle and shared-residence cases.
Section 6105 bars firearm possession by people with certain enumerated convictions and, separately, by people subject to an active protective order for as long as it remains in effect. It reaches possession itself — not just carrying — and it applies regardless of whether you have a license to carry. Section 6105.1 provides a restoration petition for some, but not all, disabilities.
Only if Pennsylvania has a reciprocity agreement with that state under 18 Pa.C.S. § 6109(k), and the terms of those agreements change. Assuming coverage is one of the most common ways an otherwise law-abiding traveler ends up charged under § 6106 on the turnpike. Check the current agreement list before you carry, and consider a Pennsylvania non-resident license.
It is buying a firearm for someone who cannot legally buy it themselves, and it is charged through the paperwork — 18 Pa.C.S. § 6111(g)(4) for the false written statement at the state level, and 18 U.S.C. §§ 922(a)(6) and 922(d) federally. These cases are usually built from an ATF trace after the gun is recovered somewhere else, and both sovereigns can charge the same transaction.
Common triggers include a prohibited-person status under 18 U.S.C. § 922(g), a firearm connected to drug trafficking, interstate purchases or straw-buy paperwork, and ATF involvement in the investigation. Federal court changes almost everything that matters: detention practice, guideline sentencing, the § 924(c) consecutive mandatory, and the absence of parole.
Yes. A denial or revocation under § 6109 can be challenged in the Court of Common Pleas of the county that issued the decision, and an erroneous instant-check denial can be challenged through the State Police under § 6111.1. Practice differs county to county across Cumberland, Dauphin, York, Adams, Perry, Franklin, and Lancaster, and the record you build at the outset matters.
Sometimes, depending on the county, the grading, and whether anything else was charged. A § 6106(a)(2) misdemeanor with no other criminal violation is a far better diversion candidate than a felony § 6105 count. I evaluate diversion, a reduced grading, and the licensing consequences together rather than one at a time.
It can. A qualifying conviction triggers the § 6105 state prohibition and may independently trigger a federal prohibition under 18 U.S.C. § 922(g), and the two have different restoration paths. Anyone who carries for work — law enforcement, military, security — should raise that at the first meeting so the disposition is built around it.
Related pages
Carrying without a license (§ 6106)
F3 versus M1 grading, concealed-carry theories, and the § 6106(b) exceptions.
Persons not to possess (§ 6105)
Enumerated convictions, active PFA orders, and § 6105.1 restoration.
License denial & appeals
Sheriff denials, revocations, and PICS challenges under §§ 6109 and 6111.1.
Federal vs. state gun charges
What pulls a firearm case federal and how § 924(c) changes the math.
Free consultation
Talk to Attorney Quinlan today.
Sources & statutory citations
- [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 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.
- [4]18 Pa.C.S. § 6106.1 — Carrying loaded weapons other than firearms — the vehicle/highway loaded-weapon offense that sits alongside § 6106.
- [5]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).
- [6]18 Pa.C.S. § 6110.2 — Possession of a firearm with an altered manufacturer's number — felony grading, frequently charged alongside § 6105 or § 6106.
- [7]18 Pa.C.S. § 6111 — Sale or transfer of firearms — background-check and application requirements; § 6111(g)(4) criminalizes materially false written statements, the provision used in straw-purchase cases.
- [8]18 Pa.C.S. § 6111.1 — Pennsylvania State Police administration of the instant-check system, including the challenge procedure for an erroneous PICS denial.
- [9]18 Pa.C.S. § 6119 — Violation penalty — the default grading provision for Uniform Firearms Act offenses without their own stated grade.
- [10]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.
- [11]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.
- [12]42 Pa.C.S. § 9712 — Sentences for offenses committed with firearms — five-year mandatory minimum for visible possession of a firearm during an enumerated crime of violence; confirm current application after Alleyne v. United States.
- [13]204 Pa. Code § 303.10 — Sentencing guidelines — deadly weapon enhancement (possessed and used matrices) raising the standard range where a deadly weapon was possessed or used during the offense.
- [14]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.
- [15]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.
- [16]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.
- [17]18 Pa.C.S. § 1103 — Sentences for felonies — F1 up to 20 years, F2 up to 10, F3 up to 7.
- [18]18 Pa.C.S. § 1104 — Sentences for misdemeanors — M1 up to 5, M2 up to 2, M3 up to 1.
Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.
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