2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 61 - Firearms and Other Dangerous Articles
6109 - Licenses.

     § 6109.  Licenses.
        (a)  Purpose of license.--A license to carry a firearm shall
     be for the purpose of carrying a firearm concealed on or about
     one's person or in a vehicle throughout this Commonwealth.
        (b)  Place of application.--An individual who is 21 years of
     age or older may apply to a sheriff for a license to carry a
     firearm concealed on or about his person or in a vehicle within
     this Commonwealth. If the applicant is a resident of this
     Commonwealth, he shall make application with the sheriff of the
     county in which he resides or, if a resident of a city of the
     first class, with the chief of police of that city.
        (c)  Form of application and content.--The application for a
     license to carry a firearm shall be uniform throughout this
     Commonwealth and shall be on a form prescribed by the
     Pennsylvania State Police. The form may contain provisions, not
     exceeding one page, to assure compliance with this section.
     Issuing authorities shall use only the application form
     prescribed by the Pennsylvania State Police. One of the
     following reasons for obtaining a firearm license shall be set
     forth in the application: self-defense, employment, hunting and
     fishing, target shooting, gun collecting or another proper
     reason. The application form shall be dated and signed by the
     applicant and shall contain the following statement:
            I have never been convicted of a crime that prohibits me
            from possessing or acquiring a firearm under Federal or
            State law. I am of sound mind and have never been
            committed to a mental institution. I hereby certify that
            the statements contained herein are true and correct to
            the best of my knowledge and belief. I understand that,
            if I knowingly make any false statements herein, I am
            subject to penalties prescribed by law. I authorize the
            sheriff, or his designee, or, in the case of first class
            cities, the chief or head of the police department, or
            his designee, to inspect only those records or documents
            relevant to information required for this application. If
            I am issued a license and knowingly become ineligible to
            legally possess or acquire firearms, I will promptly
            notify the sheriff of the county in which I reside or, if
            I reside in a city of the first class, the chief of
            police of that city.
        (d)  Sheriff to conduct investigation.--The sheriff to whom
     the application is made shall:
            (1)  investigate the applicant's record of criminal
        conviction;
            (2)  investigate whether or not the applicant is under
        indictment for or has ever been convicted of a crime
        punishable by imprisonment exceeding one year;
            (3)  investigate whether the applicant's character and
        reputation are such that the applicant will not be likely to
        act in a manner dangerous to public safety;
            (4)  investigate whether the applicant would be precluded
        from receiving a license under subsection (e)(1) or section
        6105(h) (relating to persons not to possess, use,
        manufacture, control, sell or transfer firearms); and
            (5)  conduct a criminal background, juvenile delinquency
        and mental health check following the procedures set forth in
        section 6111 (relating to sale or transfer of firearms),
        receive a unique approval number for that inquiry and record
        the date and number on the application.
        (e)  Issuance of license.--
            (1)  A license to carry a firearm shall be for the
        purpose of carrying a firearm concealed on or about one's
        person or in a vehicle and shall be issued if, after an
        investigation not to exceed 45 days, it appears that the
        applicant is an individual concerning whom no good cause
        exists to deny the license. A license shall not be issued to
        any of the following:
                (i)  An individual whose character and reputation is
            such that the individual would be likely to act in a
            manner dangerous to public safety.
                (ii)  An individual 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.
                (iii)  An individual convicted of a crime enumerated
            in section 6105.
                (iv)  An individual who, within the past ten years,
            has been adjudicated delinquent for a crime enumerated in
            section 6105 or for an offense under The Controlled
            Substance, Drug, Device and Cosmetic Act.
                (v)  An individual who is not of sound mind or who
            has ever been committed to a mental institution.
                (vi)  An individual who is addicted to or is an
            unlawful user of marijuana or a stimulant, depressant or
            narcotic drug.
                (vii)  An individual who is a habitual drunkard.
                (viii)  An individual who is charged with or has been
            convicted of a crime punishable by imprisonment for a
            term exceeding one year except as provided for in section
            6123 (relating to waiver of disability or pardons).
                (ix)  A resident of another state who does not
            possess a current license or permit or similar document
            to carry a firearm issued by that state if a license is
            provided for by the laws of that state, as published
            annually in the Federal Register by the Bureau of
            Alcohol, Tobacco and Firearms of the Department of the
            Treasury under 18 U.S.C. § 921(a)(19) (relating to
            definitions).
                (x)  An alien who is illegally in the United States.
                (xi)  An individual who has been discharged from the
            armed forces of the United States under dishonorable
            conditions.
                (xii)  An individual who is a fugitive from justice.
            This subparagraph does not apply to an individual whose
            fugitive status is based upon nonmoving or moving summary
            offense under Title 75 (relating to vehicles).
                (xiii)  An individual who is otherwise prohibited
            from possessing, using, manufacturing, controlling,
            purchasing, selling or transferring a firearm as provided
            by section 6105.
                (xiv)  An individual who is prohibited from
            possessing or acquiring a firearm under the statutes of
            the United States.
            (3)  The license to carry a firearm shall be designed to
        be uniform throughout this Commonwealth and shall be in a
        form prescribed by the Pennsylvania State Police. The license
        shall bear the following:
                (i)  The name, address, date of birth, race, sex,
            citizenship, height, weight, color of hair, color of eyes
            and signature of the licensee.
                (ii)  The signature of the sheriff issuing the
            license.
                (iii)  A license number of which the first two
            numbers shall be a county location code followed by
            numbers issued in numerical sequence.
                (iv)  The point-of-contact telephone number
            designated by the Pennsylvania State Police under
            subsection (l).
                (v)  The reason for issuance.
                (vi)  The period of validation.
            (4)  The sheriff shall require a photograph of the
        licensee on the license. The photograph shall be in a form
        compatible with the Commonwealth Photo Imaging Network.
            (5)  The original license shall be issued to the
        applicant. The first copy of the license shall be forwarded
        to the Pennsylvania State Police within seven days of the
        date of issue. The second copy shall be retained by the
        issuing authority for a period of seven years. Except
        pursuant to court order, both copies and the application
        shall, at the end of the seven-year period, be destroyed
        unless the license has been renewed within the seven-year
        period.
        (f)  Term of license.--
            (1)  A license to carry a firearm issued under subsection
        (e) shall be valid throughout this Commonwealth for a period
        of five years unless extended under paragraph (3) or sooner
        revoked.
            (2)  At least 60 days prior to the expiration of each
        license, the issuing sheriff shall send to the licensee an
        application for renewal of license. Failure to receive a
        renewal application shall not relieve a licensee from the
        responsibility to renew the license.
            (3)  Notwithstanding paragraph (1) or any other provision
        of law to the contrary, a license to carry a firearm that is
        held by a member of the United States Armed Forces or the
        Pennsylvania National Guard on Federal active duty and
        deployed overseas that is scheduled to expire during the
        period of deployment shall be extended until 90 days after
        the end of the deployment.
            (4)  Possession of a license, together with a copy of the
        person's military orders showing the dates of overseas
        deployment, including the date that the overseas deployment
        ends, shall constitute, during the extension period specified
        in paragraph (3), a defense to any charge filed pursuant to
        section 6106 (relating to firearms not to be carried without
        a license) or 6108 (relating to carrying firearms on public
        streets or public property in Philadelphia).
        (g)  Grant or denial of license.--Upon the receipt of an
     application for a license to carry a firearm, the sheriff shall,
     within 45 days, issue or refuse to issue a license on the basis
     of the investigation under subsection (d) and the accuracy of
     the information contained in the application. If the sheriff
     refuses to issue a license, the sheriff shall notify the
     applicant in writing of the refusal and the specific reasons.
     The notice shall be sent by certified mail to the applicant at
     the address set forth in the application.
        (h)  Fee.--
            (1)  In addition to fees described in paragraphs (2)(ii)
        and (3), the fee for a license to carry a firearm is $19.
        This includes all of the following:
                (i)  A renewal notice processing fee of $1.50.
                (ii)  An administrative fee of $5 under section 14(2)
            of the act of July 6, 1984 (P.L.614, No.127), known as
            the Sheriff Fee Act.
            (2)  (i)  The Pennsylvania Commission on Crime and
            Delinquency shall implement, within five years of the
            effective date of this paragraph, a system in conjunction
            with the Pennsylvania State Police and the Pennsylvania
            Sheriffs' Association to standardize and modernize the
            process of issuing licenses to carry firearms. Upon
            implementation of the system under this paragraph, the
            Pennsylvania Commission on Crime and Delinquency shall
            publish notice thereof in the Pennsylvania Bulletin.
                (ii)  An additional temporary fee of $5 shall be
            remitted by the sheriff to the Firearms License to Carry
            Modernization Account, which is hereby established as a
            special restricted receipt account within the General
            Fund of the State Treasury. Moneys and investment income
            in the account shall be awarded as grants to sheriffs to
            implement the system, including grants to reimburse
            sheriffs for expenses incurred prior to the effective
            date of this paragraph.
                (iii)  Moneys credited to the account and any
            investment income accrued are hereby appropriated on a
            continuing basis to the Pennsylvania Commission on Crime
            and Delinquency. The commission shall establish
            procedures related to the application process for and
            distribution of funds to sheriffs under this paragraph.
            Notwithstanding the provisions of subparagraph (ii), the
            commission may withhold annually an amount not exceeding
            5% of the funds credited to the account in that fiscal
            year for the cost to implement the system under
            subparagraph (i) and for administrative costs directly
            related to the responsibilities of the commission under
            this paragraph.
                (iv)  This paragraph shall expire five years after
            its effective date. Any surplus funds remaining in the
            account established in subparagraph (ii) at such time
            shall lapse into the General Fund.
            (3)  An additional fee of $1 shall be paid by the
        applicant for a license to carry a firearm and shall be
        remitted by the sheriff to the Firearms License Validation
        System Account, which is hereby established as a special
        restricted receipt account within the General Fund of the
        State Treasury. The account shall be used for purposes under
        subsection (l). Moneys credited to the account and any
        investment income accrued are hereby appropriated on a
        continuing basis to the Pennsylvania State Police.
            (4)  No fee other than that provided by this subsection
        or the Sheriff Fee Act may be assessed by the sheriff for the
        performance of any background check made pursuant to this
        act.
            (5)  The fee is payable to the sheriff to whom the
        application is submitted and is payable at the time of
        application for the license.
            (6)  Except for the administrative fee of $5 under
        section 14(2) of the Sheriff Fee Act, all other fees shall be
        refunded if the application is denied but shall not be
        refunded if a license is issued and subsequently revoked.
            (7)  A person who sells or attempts to sell a license to
        carry a firearm for a fee in excess of the amounts fixed
        under this subsection commits a summary offense.
        (i)  Revocation.--A license to carry firearms may be revoked
     by the issuing authority for good cause. A license to carry
     firearms shall be revoked by the issuing authority for any
     reason stated in subsection (e)(1) which occurs during the term
     of the permit. Notice of revocation shall be in writing and
     shall state the specific reason for revocation. Notice shall be
     sent by certified mail to the individual whose license is
     revoked, and, at that time, notice shall also be provided to the
     Pennsylvania State Police by electronic means, including e-mail
     or facsimile transmission, that the license is no longer valid.
     An individual whose license is revoked shall surrender the
     license to the issuing authority within five days of receipt of
     the notice. An individual whose license is revoked may appeal to
     the court of common pleas for the judicial district in which the
     individual resides. An individual who violates this section
     commits a summary offense.
        (i.1)  Notice to sheriff.--Notwithstanding any statute to the
     contrary:
            (1)  Upon conviction of a person for a crime specified in
        section 6105(a) or (b) or upon conviction of a person for a
        crime punishable by imprisonment exceeding one year or upon a
        determination that the conduct of a person meets the criteria
        specified in section 6105(c)(1), (2), (3), (5), (6) or (9),
        the court shall determine if the defendant has a license to
        carry firearms issued pursuant to this section. If the
        defendant has such a license, the court shall notify the
        sheriff of the county in which that person resides, on a form
        developed by the Pennsylvania State Police, of the identity
        of the person and the nature of the crime or conduct which
        resulted in the notification. The notification shall be
        transmitted by the judge within seven days of the conviction
        or determination.
            (2)  Upon adjudication that a person is incompetent or
        upon the involuntary commitment of a person to a mental
        institution for inpatient care and treatment under the act of
        July 9, 1976 (P.L.817, No.143), known as the Mental Health
        Procedures Act, or upon involuntary treatment of a person as
        described under section 6105(c)(4), the judge of the court of
        common pleas, mental health review officer or county mental
        health and mental retardation administrator shall notify the
        sheriff of the county in which that person resides, on a form
        developed by the Pennsylvania State Police, of the identity
        of the person who has been adjudicated, committed or treated
        and the nature of the adjudication, commitment or treatment.
        The notification shall be transmitted by the judge, mental
        health review officer or county mental health and mental
        retardation administrator within seven days of the
        adjudication, commitment or treatment.
        (j)  Immunity.--A sheriff who complies in good faith with
     this section shall be immune from liability resulting or arising
     from the action or misconduct with a firearm committed by any
     individual to whom a license to carry a firearm has been issued.
        (k)  Reciprocity.--
            (1)  The Attorney General shall have the power and duty
        to enter into reciprocity agreements with other states
        providing for the mutual recognition of a license to carry a
        firearm issued by the Commonwealth and a license or permit to
        carry a firearm issued by the other state. To carry out this
        duty, the Attorney General is authorized to negotiate
        reciprocity agreements and grant recognition of a license or
        permit to carry a firearm issued by another state.
            (2)  The Attorney General shall report to the General
        Assembly within 180 days of the effective date of this
        paragraph and annually thereafter concerning the agreements
        which have been consummated under this subsection.
        (l)  Firearms License Validation System.--
            (1)  The Pennsylvania State Police shall establish a
        nationwide toll-free telephone number, known as the Firearms
        License Validation System, which shall be operational seven
        days a week, 24 hours per day, for the purpose of responding
        to law enforcement inquiries regarding the validity of any
        Pennsylvania license to carry a firearm.
            (2)  Notwithstanding any other law regarding the
        confidentiality of information, inquiries to the Firearms
        License Validation System regarding the validity of any
        Pennsylvania license to carry a firearm may only be made by
        law enforcement personnel acting within the scope of their
        official duties.
            (3)  Law enforcement personnel outside this Commonwealth
        shall provide their originating agency identifier number and
        the license number of the license to carry a firearm which is
        the subject of the inquiry.
            (4)  Responses to inquiries by law enforcement personnel
        outside this Commonwealth shall be limited to the name of the
        licensee, the validity of the license and any information
        which may be provided to a criminal justice agency pursuant
        to Chapter 91 (relating to criminal history record
        information).
        (m)  Inquiries.--
            (1)  The Attorney General shall, not later than one year
        after the effective date of this subsection and not less than
        once annually, contact in writing the appropriate authorities
        in any other state which does not have a current reciprocity
        agreement with the Commonwealth to determine if:
                (i)  the state will negotiate a reciprocity
            agreement;
                (ii)  a licensee may carry a concealed firearm in the
            state; or
                (iii)  a licensee may apply for a license or permit
            to carry a firearm issued by the state.
            (2)  The Attorney General shall maintain a current list
        of those states which have a reciprocity agreement with the
        Commonwealth, those states which allow licensees to carry a
        concealed firearm and those states which allow licensees to
        apply for a license or permit to carry a firearm. This list
        shall be posted on the Internet, provided to the Pennsylvania
        State Police and made available to the public upon request.
        (m.1)  Temporary emergency licenses.--
            (1)  A person seeking a temporary emergency license to
        carry a concealed firearm shall submit to the sheriff of the
        county in which the person resides all of the following:
                (i)  Evidence of imminent danger to the person or the
            person's minor child. For purposes of this subparagraph,
            the term "minor" shall have the same meaning as provided
            in 1 Pa.C.S. § 1991 (relating to definitions).
                (ii)  A sworn affidavit that contains the information
            required on an application for a license to carry a
            firearm and attesting that the person is 21 years of age
            or older, is not prohibited from owning firearms under
            section 6105 (relating to persons not to possess, use,
            manufacture, control, sell or transfer firearms) or any
            other Federal or State law and is not currently subject
            to a protection from abuse order or a protection order
            issued by a court of another state.
                (iii)  In addition to the provisions of subsection
            (h), a temporary emergency license fee established by the
            Commissioner of the Pennsylvania State Police for an
            amount that does not exceed the actual cost of conducting
            the criminal background check or $10, whichever is less.
                (iv)  An application for a license to carry a firearm
            on the form prescribed pursuant to subsection (c).
            (2)  Upon receipt of the items required under paragraph
        (1), the sheriff immediately shall conduct a criminal
        history, juvenile delinquency and mental health record check
        of the applicant pursuant to section 6105. Immediately upon
        receipt of the results of the records check, the sheriff
        shall review the information and shall determine whether the
        applicant meets the criteria set forth in this subsection. If
        the sheriff determines that the applicant has met all of the
        criteria, the sheriff shall immediately issue the applicant a
        temporary emergency license to carry a concealed firearm.
            (3)  If the sheriff refuses to issue a temporary
        emergency license, the sheriff shall specify the grounds for
        the denial in a written notice to the applicant. The
        applicant may appeal the denial or challenge criminal records
        check results that were the basis of the denial, if
        applicable, in the same manner as a denial of a license to
        carry a firearm under this section.
            (4)  A temporary emergency license issued under this
        subsection shall be valid for 45 days and may not be renewed.
        A person who has been issued a temporary emergency license
        under this subsection shall not be issued another temporary
        emergency license unless at least five years have expired
        since the issuance of the prior temporary emergency license.
        During the 45 days the temporary emergency license is valid,
        the sheriff shall conduct an additional investigation of the
        person for the purposes of determining whether the person may
        be issued a license pursuant to this section. If, during the
        course of this investigation, the sheriff discovers any
        information that would have prohibited the issuance of a
        license pursuant to this section, the sheriff shall be
        authorized to revoke the temporary emergency license as
        provided in subsection (i).
            (5)  The temporary emergency license issued pursuant to
        this section shall be consistent with the form prescribed in
        subsection (e)(3), (4) and (5). In addition to the
        information provided in those paragraphs, the temporary
        emergency license shall be clearly marked "Temporary."
            (6)  A person who holds a temporary emergency license to
        carry a firearm shall have the same rights to carry a firearm
        as a person issued a license to carry a firearm under this
        section. A licensee under this subsection shall be subject to
        all other duties, restrictions and penalties under this
        section, including revocation pursuant to subsection (i).
            (7)  A sheriff who issues a temporary emergency license
        to carry a firearm shall retain, for the entire period during
        which the temporary emergency license is in effect, the
        evidence of imminent danger that the applicant submitted to
        the sheriff that was the basis for the license, or a copy of
        the evidence, as appropriate.
            (8)  A person applying for a temporary emergency license
        shall complete the application required pursuant to
        subsection (c) and shall provide at the time of application
        the information required in paragraph (1).
            (9)  Prior to the expiration of a temporary emergency
        license, if the sheriff has determined pursuant to
        investigation that the person issued a temporary emergency
        license is not disqualified and if the temporary emergency
        license has not been revoked pursuant to subsection (i), the
        sheriff shall issue a license pursuant to this section that
        is effective for the balance of the five-year period from the
        date of the issuance of the temporary emergency license.
        Records and all other information, duties and obligations
        regarding such licenses shall be applicable as otherwise
        provided in this section.
            (10)  As used in this subsection, the term "evidence of
        imminent danger" means:
                (i)  a written document prepared by the Attorney
            General, a district attorney, a chief law enforcement
            officer, judicial officer or their designees describing
            the facts that give a person reasonable cause to fear a
            criminal attack upon the person or the person's minor
            child. For the purposes of this subparagraph, the term
            "chief law enforcement officer" shall have the same
            meaning as provided in 42 Pa.C.S. § 8951 (relating to
            definitions) and "judicial officer" shall have the same
            meaning as provided in 42 Pa.C.S. § 102 (relating to
            definitions).
                (ii)  a police report.
        (m.2)  Inconsistent provisions.--Notwithstanding the
     provisions of section 7506 (relating to violation of rules
     regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727
     (relating to additional limitations on operation) or the act of
     June 28, 1995 (P.L.89, No.18), known as the Conservation and
     Natural Resources Act, and regulations promulgated under that
     act, a firearm may be carried as provided in subsection (a) by:
            (1)  a law enforcement officer whose current
        identification as a law enforcement officer shall be
        construed as a valid license to carry a firearm; or
            (2)  any licensee.
        (m.3)  Construction.--Nothing in this section shall be
     construed to permit the hunting or harvesting of any wildlife
     with a firearm or ammunition not otherwise permitted by 34
     Pa.C.S. (relating to game).
        (n)  Definition.--As used in this section, the term
     "licensee" means an individual who is licensed to carry a
     firearm under this section.
     (Apr. 17, 1986, P.L.82, No.28, eff. Jan. 1, 1987; Dec. 19, 1988,
     P.L.1275, No.158, eff. 180 days; 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.; Nov. 10, 2005, P.L.335, No.66;
     Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)

        2008 Amendment.  Act 131 amended subsec. (f)(1) and added
     subsecs. (f)(3) and (4), (m.1), (m.2) and (m.3).
        2005 Amendment.  Act 66 amended subsecs. (c), (d), (e), (h),
     (i) and (k) and added subsecs. (i.1), (l), (m) and (n). Section
     14 of Act 66 provided that the Pennsylvania Commission on Crime
     and Delinquency shall submit a report to the General Assembly
     three years after the effective date of section 14 on the
     progress of the Firearms License to Carry Modernization Account.
     See section 15 of Act 66 in the appendix to this title for
     special provisions relating to effective date.
        1997 Amendment.  Act 5 amended subsec. (a).
        1995 Amendment.  Act 66 amended subsecs. (a), (f) and (h).
        Cross References.  Section 6109 is referred to in sections
     913, 6105, 6106, 6107, 6111, 6115, 6124 of this title; section
     6108 of Title 23 (Domestic Relations); sections 2325, 2525 of
     Title 34 (Game).