2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 61 - Firearms and Other Dangerous Articles
6105 - Persons not to possess, use, manufacture, control, sell or transfer firearms.

     § 6105.  Persons not to possess, use, manufacture, control, sell
                or transfer firearms.
        (a)  Offense defined.--
            (1)  A person who has been convicted of an offense
        enumerated in subsection (b), within or without this
        Commonwealth, regardless of the length of sentence or whose
        conduct meets the criteria in subsection (c) shall not
        possess, use, control, sell, transfer or manufacture or
        obtain a license to possess, use, control, sell, transfer or
        manufacture a firearm in this Commonwealth.
            (2)  (i)  A person who is prohibited from possessing,
            using, controlling, selling, transferring or
            manufacturing a firearm under paragraph (1) or subsection
            (b) or (c) shall have a  reasonable period of time, not
            to exceed 60 days from the date of the imposition of the
            disability under this subsection, in which to sell or
            transfer that person's firearms to another eligible
            person who is not a member of the prohibited person's
            household.
                (ii)  This paragraph shall not apply to any person
            whose disability is imposed pursuant to subsection
            (c)(6).
        (a.1)  Penalty.--
            (1)  A person convicted of a felony enumerated under
        subsection (b) or a felony under the act of April 14, 1972
        (P.L.233, No.64), known as The Controlled Substance, Drug,
        Device and Cosmetic Act, or any equivalent Federal statute or
        equivalent statute of any other state, who violates
        subsection (a) commits a felony of the second degree.
            (2)  A person who is the subject of an active protection
        from abuse order issued pursuant to 23 Pa.C.S. § 6108
        (relating to relief), which order provided for the
        relinquishment of firearms, other weapons or ammunition
        during the period of time the order is in effect, commits a
        misdemeanor of the first degree if he intentionally or
        knowingly fails to relinquish a firearm, other weapon or
        ammunition to the sheriff as required by the order unless, in
        lieu of relinquishment, he provides an affidavit which lists
        the firearms, other weapons or ammunition to the sheriff in
        accordance with either 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2
        (relating to relinquishment for consignment sale, lawful
        transfer or safekeeping) or 6108.3 (relating to
        relinquishment to third party for safekeeping).
            (3)  (i)  A person commits a misdemeanor of the third
            degree if he intentionally or knowingly accepts
            possession of a firearm, other weapon or ammunition from
            a person he knows is the subject of an active protection
            from abuse order issued pursuant to 23 Pa.C.S. § 6108,
            which order provided for the relinquishment of the
            firearm, other weapon or ammunition during the period of
            time the order is in effect.
                (ii)  This paragraph shall not apply to:
                    (A)  a third party who accepts possession of a
                firearm, other weapon or ammunition relinquished
                pursuant to 23 Pa.C.S. § 6108.3; or
                    (B)  a dealer licensed pursuant to section 6113
                (relating to licensing of dealers) or subsequent
                purchaser from a dealer licensed pursuant to section
                6113, who accepts possession of a firearm, other
                weapon or ammunition relinquished pursuant to 23
                Pa.C.S. § 6108.2.
            (4)  It shall be an affirmative defense to any
        prosecution under paragraph (3) that the person accepting
        possession of a firearm, other weapon or ammunition in
        violation of paragraph (3):
                (i)  notified the sheriff as soon as practicable that
            he has taken possession; and
                (ii)  relinquished possession of any firearm, other
            weapon or ammunition possessed in violation of paragraph
            (3) as directed by the sheriff.
            (5)  A person who has accepted possession of a firearm,
        other weapon or ammunition pursuant to 23 Pa.C.S. § 6108.3
        commits a misdemeanor of the first degree if he intentionally
        or knowingly returns a firearm, other weapon or ammunition to
        a defendant or intentionally or knowingly allows a defendant
        to have access to the firearm, other weapon or ammunition
        prior to either of the following:
                (i)  The sheriff accepts return of the safekeeping
            permit issued to the party pursuant to 23 Pa.C.S. §
            6108.3(d)(1)(i).
                (ii)  The issuance of a court order pursuant to
            subsection (f)(2) or 23 Pa.C.S. § 6108.1(b) (relating to
            return of relinquished firearms, other weapons and
            ammunition and additional relief) which modifies a valid
            protection from abuse order issued pursuant to 23 Pa.C.S.
            § 6108, which order provided for the relinquishment of
            the firearm, other weapon or ammunition by allowing the
            defendant to take possession of the firearm, other weapon
            or ammunition that had previously been ordered
            relinquished.
        (b)  Enumerated offenses.--The following offenses shall apply
     to subsection (a):
            Section 908 (relating to prohibited offensive weapons).
            Section 911 (relating to corrupt organizations).
            Section 912 (relating to possession of weapon on school
        property).
            Section 2502 (relating to murder).
            Section 2503 (relating to voluntary manslaughter).
            Section 2504 (relating to involuntary manslaughter) if
        the offense is based on the reckless use of a firearm.
            Section 2702 (relating to aggravated assault).
            Section 2703 (relating to assault by prisoner).
            Section 2704 (relating to assault by life prisoner).
            Section 2709.1 (relating to stalking).
            Section 2716 (relating to weapons of mass destruction).
            Section 2901 (relating to kidnapping).
            Section 2902 (relating to unlawful restraint).
            Section 2910 (relating to luring a child into a motor
        vehicle or structure).
            Section 3121 (relating to rape).
            Section 3123 (relating to involuntary deviate sexual
        intercourse).
            Section 3125 (relating to aggravated indecent assault).
            Section 3301 (relating to arson and related offenses).
            Section 3302 (relating to causing or risking
        catastrophe).
            Section 3502 (relating to burglary).
            Section 3503 (relating to criminal trespass) if the
        offense is graded a felony of the second degree or higher.
            Section 3701 (relating to robbery).
            Section 3702 (relating to robbery of motor vehicle).
            Section 3921 (relating to theft by unlawful taking or
        disposition) upon conviction of the second felony offense.
            Section 3923 (relating to theft by extortion) when the
        offense is accompanied by threats of violence.
            Section 3925 (relating to receiving stolen property) upon
        conviction of the second felony offense.
            Section 4906 (relating to false reports to law
        enforcement authorities) if the fictitious report involved
        the theft of a firearm as provided in section 4906(c)(2).
            Section 4912 (relating to impersonating a public servant)
        if the person is impersonating a law enforcement officer.
            Section 4952 (relating to intimidation of witnesses or
        victims).
            Section 4953 (relating to retaliation against witness,
        victim or party).
            Section 5121 (relating to escape).
            Section 5122 (relating to weapons or implements for
        escape).
            Section 5501(3) (relating to riot).
            Section 5515 (relating to prohibiting of paramilitary
        training).
            Section 5516 (relating to facsimile weapons of mass
        destruction).
            Section 6110.1 (relating to possession of firearm by
        minor).
            Section 6301 (relating to corruption of minors).
            Section 6302 (relating to sale or lease of weapons and
        explosives).
            Any offense equivalent to any of the above-enumerated
        offenses under the prior laws of this Commonwealth or any
        offense equivalent to any of the above-enumerated offenses
        under the statutes of any other state or of the United
        States.
        (c)  Other persons.--In addition to any person who has been
     convicted of any offense listed under subsection (b), the
     following persons shall be subject to the prohibition of
     subsection (a):
            (1)  A person who is a fugitive from justice. This
        paragraph does not apply to an individual whose fugitive
        status is based upon a nonmoving or moving summary offense
        under Title 75 (relating to vehicles).
            (2)  A person who has been convicted of an offense under
        the act of April 14, 1972 (P.L.233, No.64), known as The
        Controlled Substance, Drug, Device and Cosmetic Act, or any
        equivalent Federal statute or equivalent statute of any other
        state, that may be punishable by a term of imprisonment
        exceeding two years.
            (3)  A person who has been convicted of driving under the
        influence of alcohol or controlled substance as provided in
        75 Pa.C.S. § 3802 (relating to driving under influence of
        alcohol or controlled substance) or the former 75 Pa.C.S. §
        3731, on three or more separate occasions within a five-year
        period. For the purposes of this paragraph only, the
        prohibition of subsection (a) shall only apply to transfers
        or purchases of firearms after the third conviction.
            (4)  A person who has been adjudicated as an incompetent
        or who has been involuntarily committed to a mental
        institution for inpatient care and treatment under section
        302, 303 or 304 of the provisions of the act of July 9, 1976
        (P.L.817, No.143), known as the Mental Health Procedures Act.
        This paragraph shall not apply to any proceeding under
        section 302 of the Mental Health Procedures Act unless the
        examining physician has issued a certification that inpatient
        care was necessary or that the person was committable.
            (5)  A person who, being an alien, is illegally or
        unlawfully in the United States.
            (6)  A person who is the subject of an active protection
        from abuse order issued pursuant to 23 Pa.C.S. § 6108, which
        order provided for the relinquishment of firearms during the
        period of time the order is in effect. This prohibition shall
        terminate upon the expiration or vacation of an active
        protection from abuse order or portion thereof relating to
        the relinquishment of firearms.
            (7)  A person who was adjudicated delinquent by a court
        pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or
        under any equivalent Federal statute or statute of any other
        state as a result of conduct which if committed by an adult
        would constitute an offense under sections 2502, 2503, 2702,
        2703 (relating to assault by prisoner), 2704, 2901, 3121,
        3123, 3301, 3502, 3701 and 3923.
            (8)  A person who was adjudicated delinquent by a court
        pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal
        statute or statute of any other state as a result of conduct
        which if committed by an adult would constitute an offense
        enumerated in subsection (b) with the exception of those
        crimes set forth in paragraph (7). This prohibition shall
        terminate 15 years after the last applicable delinquent
        adjudication or upon the person reaching the age of 30,
        whichever is earlier.
            (9)  A person who is prohibited from possessing or
        acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to
        unlawful acts). If the offense which resulted in the
        prohibition under 18 U.S.C. § 922(g)(9) was committed, as
        provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to
        definitions), by a person in any of the following
        relationships:
                (i)  the current or former spouse, parent or guardian
            of the victim;
                (ii)  a person with whom the victim shares a child in
            common;
                (iii)  a person who cohabits with or has cohabited
            with the victim as a spouse, parent or guardian; or
                (iv)  a person similarly situated to a spouse, parent
            or guardian of the victim;
        then the relationship need not be an element of the offense
        to meet the requirements of this paragraph.
        (d)  Exemption.--A person who has been convicted of a crime
     specified in subsection (a) or (b) or a person whose conduct
     meets the criteria in subsection (c)(1), (2), (5), (7) or (9)
     may make application to the court of common pleas of the county
     where the principal residence of the applicant is situated for
     relief from the disability imposed by this section upon the
     possession, transfer or control of a firearm. The court shall
     grant such relief if it determines that any of the following
     apply:
            (1)  The conviction has been vacated under circumstances
        where all appeals have been exhausted or where the right to
        appeal has expired.
            (2)  The conviction has been the subject of a full pardon
        by the Governor.
            (3)  Each of the following conditions is met:
                (i)  The Secretary of the Treasury of the United
            States has relieved the applicant of an applicable
            disability imposed by Federal law upon the possession,
            ownership or control of a firearm as a result of the
            applicant's prior conviction, except that the court may
            waive this condition if the court determines that the
            Congress of the United States has not appropriated
            sufficient funds to enable the Secretary of the Treasury
            to grant relief to applicants eligible for the relief.
                (ii)  A period of ten years, not including any time
            spent in incarceration, has elapsed since the most recent
            conviction of the applicant of a crime enumerated in
            subsection (b), a felony violation of The Controlled
            Substance, Drug, Device and Cosmetic Act or the offense
            which resulted in the prohibition under 18 U.S.C. §
            922(g)(9).
        (e)  Proceedings.--
            (1)  If a person convicted of an offense under subsection
        (a), (b) or (c)(1), (2), (5), (7) or (9) makes application to
        the court, a hearing shall be held in open court to determine
        whether the requirements of this section have been met. The
        commissioner and the district attorney of the county where
        the application is filed and any victim or survivor of a
        victim of the offense upon which the disability is based may
        be parties to the proceeding.
            (2)  Upon application to the court of common pleas
        pursuant to paragraph (1) by an applicant who is subject to
        the prohibition under subsection (c)(3), the court shall
        grant such relief if a period of ten years, not including any
        time spent in incarceration, has passed since the applicant's
        most recent conviction under subsection (c)(3).
        (f)  Other exemptions and proceedings.--
            (1)  Upon application to the court of common pleas under
        this subsection by an applicant subject to the prohibitions
        under subsection (c)(4), the court may grant such relief as
        it deems appropriate if the court determines that the
        applicant may possess a firearm without risk to the applicant
        or any other person.
            (2)  If application is made under this subsection for
        relief from the disability imposed under subsection (c)(6),
        notice of such application shall be given to the person who
        had petitioned for the protection from abuse order, and such
        person shall be a party to the proceedings. Notice of any
        court order or amendment to a court order restoring firearms
        possession or control shall be given to the person who had
        petitioned for the protection from abuse order, to the
        sheriff and to the Pennsylvania State Police. The application
        and any proceedings on the application shall comply with 23
        Pa.C.S. Ch. 61 (relating to protection from abuse).
            (3)  All hearings conducted under this subsection shall
        be closed unless otherwise requested to be open by the
        applicant.
            (4)  (i)  The owner of any seized or confiscated firearms
            or of any firearms ordered relinquished under 23 Pa.C.S.
            § 6108 shall be provided with a signed and dated written
            receipt by the appropriate law enforcement agency. This
            receipt shall include, but not limited to, a detailed
            identifying description indicating the serial number and
            condition of the firearm. In addition, the appropriate
            law enforcement agency shall be liable to the lawful
            owner of said confiscated, seized or relinquished firearm
            for any loss, damage or substantial decrease in value of
            said firearm that is a direct result of a lack of
            reasonable care by the appropriate law enforcement
            agency.
                (ii)  Firearms shall not be engraved or permanently
            marked in any manner, including, but not limited to,
            engraving of evidence or other identification numbers.
            Unless reasonable suspicion exists to believe that a
            particular firearm has been used in the commission of a
            crime, no firearm shall be test fired. Any reduction in
            the value of a firearm due to test firing, engraving or
            permanently marking in violation of this paragraph shall
            be considered damage, and the law enforcement agency
            shall be liable to the lawful owner of the firearm for
            the reduction in value caused by the test firing,
            engraving or permanently marking.
                (iii)  For purposes of this paragraph, the term
            "firearm" shall include any scope, sight, bipod, sling,
            light, magazine, clip, ammunition or other firearm
            accessory attached to or seized, confiscated or
            relinquished with a firearm.
        (g)  Other restrictions.--Nothing in this section shall
     exempt a person from a disability in relation to the possession
     or control of a firearm which is imposed as a condition of
     probation or parole or which is imposed pursuant to the
     provision of any law other than this section.
        (h)  License prohibition.--Any person who is prohibited from
     possessing, using, controlling, selling, purchasing,
     transferring or manufacturing any firearm under this section
     shall not be eligible for or permitted to obtain a license to
     carry a firearm under section 6109 (relating to licenses).
        (i)  Firearm.--As used in this section only, the term
     "firearm" shall include any weapons which are designed to or may
     readily be converted to expel any projectile by the action of an
     explosive or the frame or receiver of any such weapon.
        (j)  Copy of order to State Police.--If the court grants
     relief from the disabilities imposed under this section, a copy
     of the order shall be sent by the prothonotary within ten days
     of the entry of the order to the Pennsylvania State Police and
     shall include the name, date of birth and Social Security number
     of the individual.
     (June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
     Nov. 22, 1995, P.L.621, No.66, eff. imd.; Apr. 22, 1997, P.L.73,
     No.5, eff. 60 days; June 18, 1998, P.L.503, No.70, eff. imd.;
     Dec. 3, 1998, P.L.933, No.121, eff. imd.; Dec. 15, 1999,
     P.L.915, No.59, eff. 60 days; June 28, 2002, P.L.481, No.82,
     eff. 60 days; Dec. 9, 2002, P.L.1759, No.218, eff. 60 days;
     Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Nov. 10,
     2005, P.L.335, No.66, eff. 180 days; Oct. 17, 2008, P.L.1628,
     No.131, eff. 60 days)

        2008 Amendment.  Act 131 amended subsec. (b).
        2005 Amendment.  Act 66 amended subsecs. (a), (a.1), (c)(6),
     (d), (e)(1) and (f)(2) and (4) and added subsec. (c)(9).
        2003 Amendment.  Act 24 amended subsec. (c)(3).
        1999 Amendment.  Act 59 amended subsec. (c)(2) and added
     subsec. (a.1).
        1998 Amendments.  Act 70 amended subsec. (c)(4) and added
     subsec. (j) and Act 121 amended subsec. (c)(1).
        1997 Amendment.  Act 5 amended subsec. (f).
        1995 Amendment.  Act 66 amended subsecs. (a), (b), (c), (d)
     and (f).
        Cross References.  Section 6105 is referred to in sections
     908.1, 6103, 6104, 6105.1, 6109, 6110.2, 6111, 6111.1, 6115,
     6117, 6118, 6123, 6301 of this title; sections 6102, 6108,
     6108.3, 6119 of Title 23 (Domestic Relations); section 6308 of
     Title 42 (Judiciary and Judicial Procedure).

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