If you've got a felony conviction or certain other convictions on your record in Pennsylvania, there's a good chance you're no longer allowed to possess a firearm. Under 18 Pa.C.S. § 6105, the law spells out which convictions strip away that right, and it doesn't matter if the conviction happened here in Pennsylvania or somewhere else entirely it still counts. If someone with a disqualifying record is caught with a gun, that's not just a technicality. It's a separate criminal charge, and the consequences can be serious.
Why This Law Exists and Who It Affects
If you're not sure whether an old conviction still disqualifies you, or you're already dealing with a new charge tied to firearm possession, this is exactly the kind of thing a gun crime lawyer can help sort out for someone who can actually look at your record and tell you where you stand.
Section 6105 breaks disqualifying offenses into two buckets. There's a specific list of named crimes murder, robbery, kidnapping, and certain sex offenses and then a wider set of categories that covers drug felonies, active protection-from-abuse orders, being a fugitive, and involuntary mental health commitments. Land in either bucket, and the law gives you 60 days to get rid of any firearms you have.
What "Possession" Actually Means Here
Possession isn't just about whose name is on the gun. It can mean having one in your house, in your car, or even just holding someone else's firearm for a minute. What courts really care about is whether you had access to it and control over it not paperwork technicalities.
CategoryExamplesFirearm StatusEnumerated feloniesMurder, robbery, kidnapping, certain sex offensesPermanently barredDrug feloniesConvictions under PA's Controlled Substance Act (or equivalent)BarredDomestic violence protection ordersActive PFA orders requiring relinquishmentBarred while order is activeMental health commitmentsInvoluntary commitment findingsBarredJuvenile adjudicationsCertain juvenile offensesBarred until age 30Why This Matters So Much
Adding a firearm charge on top of an existing record isn't something to take lightly. Depending on what the original offense was, violating Section 6105 can be charged as a first- or second-degree felony, and Pennsylvania law even allows for sentencing enhancements in certain situations. This isn't a charge that just gets waved off it can mean real additional prison time stacked right on top of whatever came with the first conviction.
Who Gets Caught Up in This, and When
This law touches a lot more people than just those with violent felony backgrounds. Someone with an old drug conviction, a juvenile record from years ago, or an active protective order can end up blindsided by these restrictions, especially if they figured enough time had passed or just didn't realize the ban was still in effect. It tends to come up in unexpected moments too, like during a routine traffic stop when a gun turns up in the car, or when police show up for something unrelated and happen to find a firearm in the house.
Can Firearm Rights Ever Be Restored?
In some limited cases, Pennsylvania lets someone petition the court of common pleas for relief from certain firearm restrictions. But this option isn't available for every disqualifying offense, and even when it does apply, there's no guarantee it comes down to a formal petition and a judge's discretion.
The Upside and the Downside of This Law
The whole point of Section 6105 is public safety keeping guns away from people whose history suggests a real risk. But there's a real downside too: it can feel pretty unforgiving toward someone who made a mistake a long time ago and has stayed out of trouble ever since, since the paths to getting rights back are narrow and nowhere near automatic.
If You're Facing a Charge, Here's What to Know
If you're currently dealing with a firearm possession charge tied to an old conviction, don't assume it's a done deal. Things like how the gun was found, whether you actually had possession or control of it, and whether the underlying disqualification even applies correctly can all change the outcome. Getting legal advice early matters just as much here as it did the first time around.
Bottom Line
Felons in Pennsylvania generally can't legally possess a firearm, and the list of convictions that trigger that ban under Section 6105 is bigger than most people think. If you're not sure whether an old conviction still restricts your rights, or you're facing a new charge over firearm possession, getting legal guidance sooner rather than later is the smartest move.