2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 61 - Firearms and Other Dangerous Articles
6105.1 - Restoration of firearm rights for offenses under prior laws of this Commonwealth.

     § 6105.1.  Restoration of firearm rights for offenses under
                prior laws of this Commonwealth.
        (a)  Restoration.--A person convicted of a disabling offense
     may make application to the court of common pleas in the county
     where the principal residence of the applicant is situated for
     restoration of firearms rights. The court shall grant
     restoration of firearms rights after a hearing in open court to
     determine whether the requirements of this section have been met
     unless:
            (1)  the applicant has been convicted of any other
        offense specified in section 6105(a) or (b) (relating to
        persons not to possess, use, manufacture, control, sell or
        transfer firearms) or the applicant's conduct meets the
        criteria in section 6105(c)(1), (2), (3), (4), (5), (6) or
        (7);
            (2)  the applicant has been convicted of any other crime
        punishable by imprisonment exceeding one year as defined in
        section 6102 (relating to definitions); or
            (3)  the applicant's character and reputation is such
        that the applicant would be likely to act in a manner
        dangerous to public safety.
        (b)  Notice and standing.--
            (1)  Notice of an application for restoration of firearms
        rights shall be provided to the Pennsylvania State Police,
        the district attorney of the county where the disabling
        offense occurred and the district attorney of the county
        where the application is filed. The district attorney of the
        county where the application is filed, the district attorney
        of the county where the disabling offense occurred and the
        Pennsylvania State Police may, at their option, be parties to
        the proceeding.
            (2)  Notwithstanding paragraph (1), the standing of the
        Pennsylvania State Police as a party to a proceeding under
        this section shall be limited to determinations of whether
        the offense meets the definition of the phrase "disabling
        offense" or whether the provisions of subsection (a)(1) and
        (2) have been satisfied.
        (c)  Copy of order to Pennsylvania State Police.--If the
     court grants restoration of firearms rights to an applicant, a
     copy of the order shall be sent by the prothonotary within ten
     days of the entry of the order to the district attorneys and the
     Pennsylvania State Police, Firearms Division, and shall include
     the name, date of birth and Social Security number of the
     applicant.
        (d)  Expungement and pardon.--A restoration of firearms
     rights under this section shall not result in the expungement of
     any criminal history record information nor will it constitute a
     gubernatorial pardon.
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Disabling offense."  A conviction for any offense which:
            (1)  resulted in a Federal firearms disability and is
        substantially similar to either an offense currently graded
        as a crime punishable by a term of imprisonment for not more
        than two years or conduct which no longer constitutes a
        violation of law; and
            (2)  was a violation of either of the following:
                (i)  the former act of May 1, 1929 (P.L.905, No.403),
            known as The Vehicle Code, or the former act of April 29,
            1959 (P.L.58, No.32), known as The Vehicle Code; or
                (ii)  the former act of June 24, 1939 (P.L.872,
            No.375), known as the Penal Code.
     The definition shall not include any offense which, if committed
     under contemporary standards, would constitute a misdemeanor of
     the second degree or greater under section 2701 (relating to
     simple assault) and was committed by a current or former spouse,
     parent or guardian of the victim, by a person with whom the
     victim shares a child in common, by a person who is cohabitating
     with or has cohabitated with the victim as a spouse, parent or
     guardian or by a person similarly situated to a spouse, parent
     or guardian of the victim.
        "Restoration of firearms rights."  Relieving any and all
     disabilities with respect to a person's right to own, possess,
     use, control, sell, purchase, transfer, manufacture, receive,
     ship or transport firearms, including any disabilities imposed
     pursuant to this subchapter. The phrase shall also mean the
     restoration of the right to vote, to hold public office and to
     serve on a jury.
     (Dec. 9, 2002, P.L.1391, No.172, eff. imd.)

        2002 Amendment.  Act 172 added section 6105.1.