What makes someone a 'person not to possess' under § 6105?

Section 6105 lists specific enumerated prior convictions that disqualify someone from possessing firearms, and it separately disqualifies anyone currently subject to an active Protection From Abuse order under 23 Pa.C.S. § 6108, independent of any conviction.

Do I have to be caught holding the gun to be charged under § 6105?

No. Pennsylvania recognizes constructive possession, meaning the Commonwealth can try to prove you had the power and intent to control a firearm found in your home, car, or shared space, even if it wasn't on your person.

Does every felony conviction disqualify me from owning a gun in PA?

Not automatically. Section 6105 lists specific enumerated offenses; whether a particular past conviction actually falls within that list, and under what grading, has to be checked against the current statute rather than assumed.

How does federal law affect a § 6105 case?

Federal law under 18 U.S.C. § 922(g) independently prohibits firearm possession by convicted felons and other categories of people, so someone facing a state § 6105 charge can also face separate federal exposure over the same firearm.

What if the gun was in a house I share with someone else?

That's exactly the kind of constructive-possession fact pattern that needs careful defense — ownership records, access, and statements at the scene all become central to whether the Commonwealth can actually prove you controlled the firearm.

Is a § 6105 charge always a felony?

It typically carries felony exposure, with the specific degree depending on the predicate disqualifying conviction and the circumstances of the current possession charge.

Can an active PFA order alone lead to a § 6105 charge even without a new conviction?

Yes. Possessing a firearm while subject to an active, qualifying PFA order is independently prohibited under § 6105, regardless of whether there's any separate disqualifying conviction.

Gun & Firearms Offenses · Persons Not to Possess

This is the most serious firearms charge in the Pennsylvania code, and it doesn't require the gun to be in your hand.

Section 6105 doesn't punish carrying without a license — it punishes possessing a firearm at all, if you fall into one of the categories the statute lists: an enumerated prior conviction, or an active Protection From Abuse order. Because 'possession' under Pennsylvania law includes constructive possession — a firearm found in a shared home, car, or bag can be enough — a lot of these cases get built on circumstantial evidence rather than someone caught holding a gun. I handle § 6105 cases across Cumberland, Dauphin, York, Adams, Perry, Franklin, and Lancaster counties, and the categorical, federal-overlapping nature of this charge means it needs an aggressive, early defense.

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How Pennsylvania handles it

Persons Not to Possess Firearms Under 18 Pa.C.S. § 6105 in Pennsylvania.

Section 6105 makes it a crime for a person convicted of certain enumerated offenses — generally serious violent and some other Title 18 offenses — to own, possess, use, control, sell, transfer, or manufacture a firearm, and it independently prohibits possession by anyone currently subject to an active Protection From Abuse order under 23 Pa.C.S. § 6108. The grading depends on the underlying disqualifying conviction and the circumstances of possession, and this is typically charged as a felony. Constructive possession — meaning the firearm doesn't have to be found on the person, only that the person had the power and intent to control it, which can be shown by proximity, ownership, statements, or shared access — is a routine theory in these cases. Section 6105.1 provides a restoration procedure for people disabled by an offense that has since been decriminalized or who otherwise qualify to petition for relief. Separately, federal law under 18 U.S.C. § 922(g) prohibits possession by numerous categories of people, including convicted felons, and applies independently of Pennsylvania's own bar — meaning a person can face state and federal exposure from the same firearm.

Statute: 18 Pa.C.S. § 6105[1][2]

Defenses & record relief

Section 6105 cases are won or lost on whether the predicate conviction truly qualifies and whether possession — actual or constructive — can actually be proven, and both of those need to be checked rather than conceded.

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

Persons Not to Possess Firearms Under 18 Pa.C.S. § 6105: orders, grading, and maximum exposure under 18 Pa.C.S. § 6105
Order, offense & grading	Maximum exposure
§ 6105 — possession following enumerated conviction Applies to a defined list of prior convictions under Title 18 and certain other statutes; not every prior record disqualifies someone.	Felony exposure, degree depends on the predicate offense and circumstances
§ 6105 — possession during an active PFA Applies for as long as a qualifying Protection From Abuse order remains in effect, independent of any criminal conviction.	Felony exposure
Constructive possession in a shared residence or vehicle The Commonwealth can prove possession through proximity, access, ownership records, or statements without the firearm being found on the person.	Same exposure as actual possession if proven
Federal overlay — 18 U.S.C. § 922(g) Applies independently to numerous categories including convicted felons; a state resolution doesn't automatically resolve federal exposure.	Separate federal felony exposure
Multiple firearms or ammunition counts Depending on how the case is charged, possession of multiple firearms or ammunition can generate multiple counts rather than one.	Potential for separate counts per item
Restoration denial or delay — § 6105.1 A person who has not successfully petitioned for restoration remains subject to the bar even if they believe they should now qualify.	No criminal penalty, but continued disqualification
Combined with a new predicate offense Where the firearm was possessed in connection with a new violent or drug offense, that additional charge is prosecuted separately from the § 6105 count itself.	Compounding exposure across both charges

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 persons not to possess matter is heard.

How the disqualifying conviction gets identified and proven

The Commonwealth has to establish both the existence of a qualifying prior conviction (or an active PFA) and possession of the firearm. Getting certified records of the predicate conviction and confirming it's actually one of the enumerated offenses — not just assumed to be — is one of the first things worth doing in any § 6105 defense.

Constructive possession fact patterns

These charges frequently arise from a firearm found in a home or vehicle shared with other people — a girlfriend's apartment, a family car, a roommate's closet. Ownership records, whose name is on the lease or registration, fingerprints or DNA on the firearm, and statements made at the scene all become central evidence in contesting whether the person actually had the power and intent to control the weapon.

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

Because § 6105 is treated as a serious, often mandatory-minimum-adjacent charge in these counties, preliminary hearings and bail arguments move quickly, and prosecutors are less inclined to negotiate the underlying possession element than the grading or sentence. Early investigation into the predicate conviction and the possession theory tends to matter more here than in lower-grade firearms cases.

Parallel or follow-on federal prosecution

Because § 922(g) covers similar ground under federal law, a case that starts in a county court can attract federal attention, particularly where ATF involvement or a multi-firearm recovery is involved. Understanding how state and federal exposure interact — and whether resolving one affects the other — needs to happen early, not after a state plea is entered.

How we handle persons not to possess matters.

Contest whether the prior conviction actually qualifies as enumerated
Not every past conviction — even a felony — falls within § 6105's specific list of disqualifying offenses; confirming the exact statute and grading of the prior conviction against the current text of § 6105 is a necessary first step, not an assumption.
Challenge constructive possession
Where the firearm wasn't found on the person, contesting access, control, ownership, and knowledge — especially in a shared residence or vehicle — can defeat the possession element even if the firearm itself is not disputed to exist.
Challenge whether a PFA was actually active and qualifying at the relevant time
The PFA-based prong of § 6105 depends on the order being in effect at the time of possession; an expired, vacated, or improperly served order may not support the charge.
Pursue restoration under § 6105.1 where it applies
If the predicate offense has since been decriminalized, or the client otherwise fits the statute's restoration criteria, a § 6105.1 petition can resolve the underlying disqualification going forward, which is also relevant to sentencing and future eligibility.
Suppress the firearm from an unlawful search
Like any possession charge, if the firearm was found through an unconstitutional search of a home, vehicle, or person, suppression can remove the central piece of evidence.
Address state and federal exposure together, not separately
Because § 922(g) can apply independently of § 6105, resolving the state charge without accounting for federal risk can leave a client exposed to a second prosecution over the same firearm.

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 persons not to possess in Pennsylvania — procedure, consequences, and the defenses that actually matter.

Section 6105 lists specific enumerated prior convictions that disqualify someone from possessing firearms, and it separately disqualifies anyone currently subject to an active Protection From Abuse order under 23 Pa.C.S. § 6108, independent of any conviction.
No. Pennsylvania recognizes constructive possession, meaning the Commonwealth can try to prove you had the power and intent to control a firearm found in your home, car, or shared space, even if it wasn't on your person.
Not automatically. Section 6105 lists specific enumerated offenses; whether a particular past conviction actually falls within that list, and under what grading, has to be checked against the current statute rather than assumed.
In some circumstances. Section 6105.1 provides a restoration procedure for people disabled by an offense that has since been decriminalized or who otherwise meet the statute's criteria, but restoration is not automatic and requires an affirmative petition.
Federal law under 18 U.S.C. § 922(g) independently prohibits firearm possession by convicted felons and other categories of people, so someone facing a state § 6105 charge can also face separate federal exposure over the same firearm.
That's exactly the kind of constructive-possession fact pattern that needs careful defense — ownership records, access, and statements at the scene all become central to whether the Commonwealth can actually prove you controlled the firearm.
It typically carries felony exposure, with the specific degree depending on the predicate disqualifying conviction and the circumstances of the current possession charge.
Yes. Possessing a firearm while subject to an active, qualifying PFA order is independently prohibited under § 6105, regardless of whether there's any separate disqualifying conviction.

[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(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.
[4]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).
[5]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.

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

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