Gun laws in Pennsylvania

[1][2][3] (i) the actor has a right to be in the place where he was attacked; (ii) the actor believes it is immediately necessary to do so to protect himself against death, serious bodily injury, kidnapping or sexual intercourse by force or threat; and (iii) the person against whom the force is used displays or otherwise uses: (A) a firearm or replica of a firearm as defined in 42 Pa.C.S.

[6] The Pennsylvania Supreme Court ruled in favor of the cities and five legislators that the act was unconstitutional on the grounds that bills must pertain to one subject.

City Solicitor Sozi Tulante released a statement against the bill: "Act 192 was passed by the General Assembly without any public notice or debate, and would have flooded the courts with advocacy litigation even when the plaintiffs had no real legal stake in the case.

"[7] Senator Daylin Leach, one of the five Democrats to file suit stated: "municipalities that repealed ordinances may now restore them."

During the case they found the law unconstitutional Justice David Wecht said "If, by brute force, the majority of the General Assembly can cram through any number of regulations.

After these ordinances were enacted the General Assembly passed House Bill 185 on October 4, 1994, which amended Title 18 of the Crimes Code, including the Pennsylvania Uniform Firearms Act, 18 Pa.C.S.

In 1996, the Pennsylvania Supreme Court ruled that the state preemption statute was valid and that Philadelphia and Pittsburgh could not enact stricter gun control laws.

[11][12] In 2008, Philadelphia had seven different 2007 ordinances invalidated in Clarke v. House of Representatives; they included a limit of 1 handgun purchase per month and prohibiting straw purchases, reporting lost or stolen firearms, license requirement to acquire firearm or to bring one into the city, annual gun license renewal, firearm confiscation from someone posing a risk of harm, banning possession or transfer of assault rifles, and reporting requirements for ammunition sales.

In 2015, the Pennsylvania Supreme Court ruled in favor of Philadelphia, Lancaster, Pittsburgh and five democratic legislators that the act was unconstitutional on the grounds that bills must pertain to one subject.

Act 192 was originally intended to criminalize the theft of metals and a provision was amended to add the part regarding legal standing to challenge local firearm ordinances.

[34] Pennsylvania state law refers to a handgun as a "firearm", while "long gun" is used to describe a shotgun, or rifle of a certain length or longer.

The limitation on young adult gun ownership has been struck down as unconstitutional by the Third Circuit Court of Appeals on January 18th, 2024 and was officially enjoined from being enforced on April 24th, 2024 in the case of ′Lara v.

They can never have been convicted of a violent crime, must not be an undocumented immigrant, declared mentally ill by the court, a drug addict or habitual drunkard, a fugitive from justice, have been convicted of three separate DUI charges within a five-year period (or just one charge if it is classified as a first degree misdemeanor which carries a sentence of up to 5 years)[38] or are subject to an active protection from abuse order.

[39] State level charges which are punishable by a sentence of more than one year (even if no jail time is actually served) disqualifies one from purchasing firearms under federal law.

However, several court rulings have declared such prohibitions unconstitutional; e.g. first degree misdemeanor DUI charge[40] and furnishing counterfeit documents.

[citation needed] Residents in Pennsylvania may also purchase firearms from gun shows and private individuals.

When purchasing a handgun in a private sale, the buyer is legally required to complete a firearm transfer at a federally licensed dealer.

[44] Transfers of handguns between spouses, parent and child, grandparent and grandchild or between active law enforcement officers are exempt from the above requirements.

[44] Attorney General Josh Shapiro issued a legal opinion in December 2019 that 80% lower receivers are considered firearms.

[1][2] A LTCF is generally not required to openly carry a firearm on or about one's person, except in a vehicle or in Philadelphia, or during a declared State of Emergency.

[59] The database was challenged based on what was asserted as the unambiguous text of the statute, specifically "nothing... ...shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth" (full statute text above), the Pennsylvania Supreme Court nonetheless ruled in Allegheny County Sportsmen's League v. Rendell, 860 A.2d 10 (Pa. 2004), that Pennsylvania's database of handgun sales is not prohibited by state law because the registration was only of handgun sales and not of all guns.