Is carrying a gun without a license a felony in Pennsylvania?

Usually yes — § 6106 is a third-degree felony. But the statute reduces it to a first-degree misdemeanor where the person was eligible for a license to carry and committed no other criminal offense. Establishing that eligibility is one of the highest-value defense moves in these cases.

Can I lose my gun rights over a misdemeanor in PA?

Yes. Pennsylvania's § 6105 list includes numerous misdemeanors, certain DUI histories (three DUI convictions within five years), PFA orders, and mental-health commitments. Federal law adds its own prohibitions for domestic-violence misdemeanors.

What if I have a permit from another state?

Pennsylvania honors permits only from states with an active reciprocity agreement, and reciprocity changes. Carrying on a non-honored permit is charged as § 6106 even though you were licensed at home — the reciprocity status at the time of the stop is the controlling fact.

Can firearms rights be restored in Pennsylvania?

Sometimes. Options include a § 6105(d) restoration petition, a pardon, or an expungement or vacatur of the disqualifying conviction. Federal prohibitions are narrower and often survive state restoration, so both layers have to be analyzed.

Criminal Defense · Firearms Charges

Firearms Charges Lawyer in Pennsylvania.

Pennsylvania firearms law punishes paperwork the same way it punishes intent. A license that lapsed, a handgun in a glove box on a trip through the state, or a decades-old disqualifying conviction can all produce a felony charge — and a lifetime prohibition.

(717) 724-7503 Schedule a consultation

How Pennsylvania grades it

Firearms & Weapons Defense in Pennsylvania.

§ 6106 is an F3 (M1 if you were otherwise license-eligible and committed no other crime); § 6105 is an F2 or M1 depending on the disqualifying history.

Statute: 18 Pa.C.S. § 6106 (carrying without a license); § 6105 (persons not to possess); § 6108 (Philadelphia)

ARD & diversion

Firearms charges are rarely ARD-eligible; the realistic goals are suppression, a grading reduction, or a disposition that preserves your rights.

Pennsylvania ARD program · ARD eligibility quiz

Offense & grading	Maximum exposure
Carrying a firearm without a license — § 6106 Reduced to an M1 if you were eligible for a license and committed no other criminal offense.	F3: up to 7 years
Person not to possess — § 6105 Grading depends on the disqualifying conviction or PFA/mental-health adjudication.	F2 or M1: up to 10 years
Carrying without a license in Philadelphia — § 6108 Applies to public streets in Philadelphia; charged alongside § 6106.	M1: up to 5 years
Firearm in a school zone / prohibited place Often charged with the possession count and negotiated as part of the same package.	Graded separately

Maximums are statutory ceilings, not expected sentences. Actual outcomes depend on prior record score, offense gravity score, and county practice.

How we defend firearms charges cases.

Suppress the recovery of the weapon
Firearms cases are search-and-seizure cases. A weak frisk rationale, a stop without reasonable suspicion, or a vehicle search without probable cause plus exigency under Alexander can end the prosecution.
Fight for the § 6106 misdemeanor grading
If you were license-eligible and no other crime was charged, the statute itself caps the offense at an M1. That grading fight is often the whole case.
Challenge the disqualifying predicate
§ 6105 depends on the prior. Predicates get miscoded, out-of-state convictions don't always translate, and expunged or ARD dispositions may not disqualify at all.
Test possession
Constructive possession in a shared vehicle or residence requires knowledge and control — not proximity.
Preserve reciprocity and lawful-transport defenses
Out-of-state permit holders and lawful transport under § 6106(b) exemptions are routinely charged before anyone checks the exemption list.
Plan around the federal prohibition
Some dispositions preserve firearms rights and some destroy them permanently. That has to drive the negotiation, not be discovered after the plea.

Where we appear

Firearms Charges defense across Central Pennsylvania.

Attorney Quinlan appears in the magisterial district courts and Courts of Common Pleas in Dauphin, Cumberland, York, and Adams counties. Start with your city:

Other charges we defend.

FAQ

Frequently asked questions.

Common questions about firearms charges charges in Pennsylvania — grading, penalties, diversion, and record consequences.

Usually yes — § 6106 is a third-degree felony. But the statute reduces it to a first-degree misdemeanor where the person was eligible for a license to carry and committed no other criminal offense. Establishing that eligibility is one of the highest-value defense moves in these cases.

Free Consultation

The sooner we talk, the more we can do.

Every hour matters in a DUI or criminal case. Call directly and speak with Attorney Quinlan — not an intake desk.

(717) 724-7503 Schedule a consultation