Pennsylvania Firearms Offenses

Pennsylvania has what some may call strange firearms laws. As of 2025 it is still an “open carry” state, meaning people are allows to carry a firearm if it is displayed in the open – except in “cities of the first class” or Pittsburgh and Philadelphia. So, it can be a culture shock for someone from a neighboring state to visit the middle of Pennsylvania and find people openly flaunting firearms. However, while Pennsylvania is an “open carry” state, a person still cannot concealed carry without a valid license to carry. Pennsylvania law strangely enough also says that an individual transporting weapons in a vehicle can be construed to be “concealed.” This means that if a gun is in your car, you don’t have a license to concealed carry, and the police find the firearm, they could potentially charge you with criminal offenses.

Certain Pennsylvania firearms offenses can potentially land someone in jail for a significant amount of time, even if they have otherwise led a law-abiding life up until the firearms-related offense. The guidelines are extreme and some of the most harsh in the country.

The two big statutes criminalizing possession of a firearm are Section 6105 and Section 6106. The differences are important. First, Section 6105 outlines certain individuals who are prohibited from possessing firearms. These individuals are prohibited usually due to a previous criminal conviction, but also may be precluded due to other circumstances such as a previous involuntary commitment, being a fugitive from justice, or having previously been convicted of a misdemeanor domestic assault. Also, people who have active PFAs (Protection from Abuse Orders) are forbidden from possessing firearms.

Section 6106 addresses the requirements for carrying firearms, particularly focusing on the necessity of having a valid license. As stated, Pennsylvania generally allows open carry of firearms, with specific restrictions in certain areas such as Philadelphia. Section 6106 of the Pennsylvania Crimes Code requires individuals to have a valid and lawfully issued license to carry a firearm in any vehicle or concealed on or about their person, except in their place of abode or fixed place of business. Carrying a firearm without a license constitutes a felony of the third degree, unless they are otherwise eligible to get a license to carry, then it is a misdemeanor of the first degree.