Are there Any Circumstances Where a Person Convicted of a Felony in Pennsylvania Can Legally Possess a Firearm?
The Second Amendment to the United States Constitution protects your right to keep and bear arms. However, that right comes with responsibilities. A person who has a felony conviction on their record can lose their Second Amendment rights. In this article, our criminal defense lawyer in Harrisburg explains what to know about felony convictions and Second Amendment rights in Pennsylvania.
What to Know About Pennsylvania’s Firearm Prohibition for Felons
Pennsylvania has strict laws regarding criminal convictions and firearms rights. Under 18 Pa.C.S. § 6105(a), anyone convicted of a felony (and certain misdemeanors involving violence, drugs, or firearms) is prohibited from possessing, using, controlling, or transferring a gun. Among other things, this includes firearms kept in a home or vehicle. Violation of the law is itself a second-degree felony offense that is punishable by up to 10 years in prison.
Note: The prohibition applies even if the conviction occurred in another state or under federal law.
There are Limited Pathways to Restoring Firearm Rights
For convicted felons, Pennsylvania is not a friendly state for regaining Second Amendment rights. In fact, there are only a few narrow exceptions where a convicted felon may legally possess a firearm in Pennsylvania. Here is an overview of the potential pathways:
- Gubernatorial Pardon: A full pardon from the Governor of Pennsylvania completely restores civil rights, including firearm ownership. The process is handled through the Pennsylvania Board of Pardons. The board conducts a background investigation and hearing before recommending clemency.
- Judicial Expungement (Limited): Expungement under Pennsylvania law, 18 Pa.C.S. § 9122, is available only for certain non-conviction records, ARD program completions, or very old offenses. Most felony convictions cannot be expunged.
- Challenge to Predicate Conviction: If the underlying felony conviction is vacated or overturned, the firearm prohibition no longer applies. Our Harrisburg, PA defense lawyer can help you determine if this option is viable in your case.
- Federal Relief under 18 U.S.C. § 925(c): Theoretically, federal law may apply. The law allows for the restoration of gun rights through an application to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). However, Congress has not funded this process since 1992. In other words, it has effectively suspended it.
The Takeaway: In Pennsylvania, a person convicted of a felony cannot legally possess a firearm unless their conviction is pardoned or vacated. Attempting to buy, borrow, or even touch a gun without full restoration of rights is a serious crime carrying long-term consequences. You could face another felony criminal charge.
Contact Our Harrisburg Felony Defense Lawyer Today
At The Hoover Firm, LLC, our Harrisburg felony defense attorney is standing by, ready to help you navigate the criminal justice process. If you have any questions about felony cases, please do not hesitate to contact us today for a fully confidential consultation. From our Harrisburg office, we defend felony charges across the region in Pennsylvania.