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    Carrying a Firearm without a License in Pennsylvania 

    The Commonwealth of Pennsylvania requires any person age 21 or older to obtain a license before carrying a gun in their vehicle or on their person. Failure to obtain a valid license carries very harsh penalties that can negatively impact your life forever.

    If you are found guilty of carrying a firearm without a license you could serve years in jail, be required to pay hefty fines and will have a felony on your permanent record. The repercussions are severe, but do not end with the punishment you receive from the court. A felony on your permanent record could keep you from obtaining employment, housing, and loans. You will also be unable to obtain a valid license for a firearm in the future.

    If you have been arrested for carrying a firearm without a license, you need the help of an experienced Pennsylvania Guns and Weapons Attorney immediately. It is your best chance at protecting your rights, your freedom and your future.

    An arrest does not necessarily mean that you will be convicted.

    Call Attorney David J. Shrager today. He is personally available via his cell phone 24/7 and will give you a free initial legal consultation. You can call or text him anytime at 412-969-2540.

    At Shrager Defense Attorneys we understand that good people make mistakes and that some charges are unwarranted and should be dropped. We are here to help you understand the legal system and the charges you face as well as the options you have under the law.

    Every weapons charge is worth fighting — it is possible to have weapons charges dropped or a heavy sentence greatly reduced.

    Applying for a Firearm License in Pennsylvania

    In Pennsylvania a person is lawfully able to carry a firearm in their home or in their fixed place of business without obtaining a license. However, if you wish to carry a firearm on your person, or in your vehicle, you must first obtain a valid license.

    Anyone wishing to apply for a license to carry a firearm can do so through their local sheriff’s office. Generally, the sheriff’s office will conduct a background check and make sure there are no charges pending against you. The sheriff’s office has 45 days to conduct its investigation and determine your eligibility to obtain a license.

    According to Pennsylvania law 18 Pa. C.S. §6109, a firearms license may be denied by the sheriff’s office if they have reason to believe that the applicant has a character and reputation that would be likely to act in a manner dangerous to public safety.

    If you are issued a License to Carry Firearms, you are allowed to carry a firearm, concealed, on your person or in your vehicle throughout the Commonwealth of PA. The license, unless revoked for some reason, is valid for a period of five years.

    Penalties for Failure to Obtain a Valid Firearms License

    If you are arrested for carrying a firearm on your person or in your vehicle without a license, you face serious criminal penalties. Under Pennsylvania law (18 Pa.C.S. §6106), the grading of the offense depends on whether you are legally eligible to obtain a license to carry firearms.

    If you are eligible to obtain a license and are not otherwise prohibited from possessing a firearm, the offense is graded as a misdemeanor of the first degree.

    If you are not eligible to obtain a license, such as due to a prior disqualifying conviction, the offense is graded as a felony of the third degree.

    A felony of the third degree is punishable by:

    • Up to seven years in prison
    • Up to $15,000 in fines
    • A felony on your permanent record

    A misdemeanor of the first degree is punishable by:

    • Up to five years in prison
    • Up to $10,000 in fines
    • A misdemeanor on your permanent record.

    Exceptions to the Firearms License Requirement

    There are a number of exceptions to the requirement that you must obtain a valid license before carrying a firearm on your person or in your vehicle. If you qualify for one of the exceptions to the law, it is an affirmative defense and you could have your charges dropped.

    If any of the exceptions to the law applies in your case, the affirmative defense must be proved by a preponderance of the evidence. This is a lesser burden of proof than the prosecution is required to prove your guilt, which is beyond a reasonable doubt. Preponderance of the evidence simply means more likely than not.

    The following are valid exceptions listed in Title 18 §6106:

    1. Member of law enforcement such as policemen, sheriffs, prison wardens, or their deputies, etc.
    2. Members of the army, navy, marine corps, air force or coast guard of the United States or of the National Guard or organized reserves when on duty.
    3. The regularly enrolled members of any organization duly organized to purchase or receive such firearms from the United States or from this Commonwealth.
    4. Anyone engaged in target shooting with a firearm, if they are at or are going to or from their places of assembly or target practice and if, while traveling to/from, the firearm is not loaded.
    5. Officers or employees of the United States duly authorized to carry a concealed firearm.
    6. Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property in the discharge of such duties.
    7. Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person, having in his possession, using or carrying a firearm in the usual or ordinary course of such business.
    8. Any person while carrying a firearm which is not loaded and is in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair, sale or appraisal or back to his home or place of business, or in moving from one place of abode or business to another or from his home to a vacation or recreational home or dwelling or back, or to recover stolen property.
    9. A licensed hunter who is actually hunting or on his/her way to/from hunting.
    10. Persons training dogs, if such persons are actually training dogs during the regular training season.
    11. A person who has a valid firearms license under another state’s laws or federal law.
    12. A person who has a lawfully issued license to carry a firearm pursuant to section 6109 (relating to licenses) and that said license expired within six months prior to the date of arrest and that the individual is otherwise eligible for renewal of the license.
    13. Any person who is otherwise eligible to possess a firearm under this chapter and who is operating a motor vehicle which is registered in the person’s name or the name of a spouse or parent and which contains a firearm for which a valid license has been issued pursuant to section 6109 to the spouse or parent owning the firearm.
    14. A person lawfully engaged in the interstate transportation of a firearm as defined under 18 U.S.C. § 921(a)(3) (relating to definitions) in compliance with 18 U.S.C. § 926A (relating to interstate transportation of firearms).
    15. Any person who possesses a valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state, regardless of whether a reciprocity agreement exists between the Commonwealth and the state under section 6109(k), provided:
      1. The state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109.
      2. The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.
    16. Any person holding a license in accordance with section 6109(f)(3).

    What Shrager Defense Attorneys Can Do For You

    If you have been charged with a weapons offense, we will examine your case closely and seek out details that may make all the difference in getting a positive outcome for your case. We work to find weaknesses in the prosecution and will aggressively fight your charges.

    We are dedicated to our clients and treat them with respect and dignity. We will work closely with you to help you understand your situation and your options and we are always available to answer your questions and address your concerns.

    If you or a family member have been arrested or charged with a weapons crime call Shrager Defense Attorneys today.

    Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name. Have a sound and solid case prepared by our legal team so they can fight for your rights.