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Title 18 Crimes and Offenses
Application Form
Frequently Asked Questions
Firearms Information
Pennsylvania Administrative Rules
Reciprocity Information
Pennsylvania Attorney General
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Pennsylvania is a Shall Issue state that honors resident and non-resident permits issued by the following states: Alaska, Arkansas, Colorado, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, New Hampshire, North Carolina, Ohio, Oklahoma, South Dakota, Tennessee, Texas, West Virginia, Wisconsin and Wyoming. For Arizona, Florida, Mississippi, Utah and Virginia, only resident permits are accepted by Pennsylvania. While for North Dakota, only Class 1 Permits are honored by the state of Pennsylvania.

18-6109. (k) Reciprocity.
The Attorney General of Pennsylvania may enter into a reciprocity agreement with another state if there is a mutual recognition of the carry permits issued by the Commonwealth and carry permits from another state.

After the reciprocity agreement, the attorney general must report to the General Assembly within 180 days and annually.

Note: PA State Rep. Mark Keller initiated a Firearms Seminar in the 86th District and invited Attorneys and Local Sheriffs to discuss the laws concerning carrying of firearms in the state of Pennsylvania. The seminar took over an hour but was worth the watch.

The Superior Court of Pennsylvania rules that the residents of the state must possess PA carry permits to be able to carry their firearms.

The process of obtaining a permit in Pennsylvania is very simple. You just have to bring your PA Driver’s License or State Identification Card to the office of the sheriff in your county. You will be given an application form for a Concealed Carry Permit and you will have to pay the fee which costs $20. It takes 45 days for the sheriff to process the application.

The concealed carry permit in Philadelphia is valid up to 5 years.

Note: There are some county sheriffs that require other identification cards aside from Driver’s License, while there are some that require 90 days or residency. Consult the sheriff of the county where you reside to know more information about this.

It is also simple to obtain a non-resident carry permit in Pennsylvania. Beginning March 31, 2011, the state no longer issues permits through mail. Individuals will need to travel to Pennsylvania to claim their permits.

The following are the requirements when applying for a non-resident permit:
a. Completed application form with signature
b. A copy of the carry concealed permit issued by the applicant’s state of residence
c. A copy of the applicant’s Driver’s License
d. Names, Contact Numbers and Home Addresses of two references
e. Processing fee of $20.00 to $24.00

Note: If the state where you reside issues concealed carry permits to the residents, then you must have a carry permit before you can apply for a non-resident permit in Pennsylvania.

Note: The state of Philadelphia had established an ordinance to prohibit firearms in city parks. Until the court approves the ordinance, individuals must not carry their firearms in Philadelphia City Parks.

Title 18, Section 913. Possession of firearm or other dangerous weapon in court facility.
”Offense” is defined as an act of:
a. possessing a firearm or any deadly weapon in a court facility (Considered as misdemeanor of the third degree)
b. possessing a firearm or any deadly weapon in a court facility with the intention of using the firearm in a crime (Considered as misdemeanor of the first degree)

Court facilities must be posted with “No Gun” signs in their buildings’ public entrance and any individual should not be convicted with an offense if there are no such signs posted on the facilities. Court facilities of counties shall have lockers or other facilities that can provide for the temporary checking of firearms by individuals who are carrying. Receipts should be issued for checking the firearms. The location of the facility shall be posted along “No Gun” signs at public entrances.

Title 18 § 912. Possession of Weapon on School Property.
• ”Weapon” refers to knife, cutting tool, firearm, shotgun, rifle, or other instrument that can inflict bodily injuries.
• “Offense” is defined as possessing a weapon in the establishments used by elementary and secondary public schools, elementary and secondary parochial schools, and elementary and secondary private schools registered to the Department of Education.
• “Defense” means possessing a firearm in educational institutions for a school activity authorized by the school or other lawful purposes.

Title 18 Subchapter B. § 5122. Weapons or Implements for Escape.
A first degree misdemeanor is committed if an individual unlawfully possesses a firearm in a detention facility, mental hospital or correctional institution, or if an individual provides a weapon or other tools that can be used for escaping for the inmates.

Note: Pennsylvania law does not clearly define a “mental hospital.” There are hospitals with a mental ward, and it is very confusing if a firearm will not be allowed in the mental ward only or in the whole hospital.

Title 61 § 5902. (e) Weapons in Detention Centers.
Selling or providing an inmate with a weapon or any tool that can be used for escape or carrying a firearm or dangerous weapon in any correctional institution in Pennsylvania is not allowed by the law.

PA Admin Code Title 49 Chapter 61.
Use of Public Areas Outside the Capitol Complex—Statement of Policy

§ 61.1. Additional Jurisdiction Over Properties.
The offices of Bureau of Professional and Occupational Affairs, Department of State, Bureau of Enforcement and Investigation and State Athletic Commission are considered as public areas.

§ 61.2. Office Hours
Such offices are open for the public from 8 am to 5 pm, except for weekends and holidays. These offices shall post the hours when they are open to the public. Without notice, the facilities may be closed after the proclamation of a state of emergency or a situation that puts the public in danger.

§ 61.3. Firearms and Weapons.
The law prohibits possession of firearms and other dangerous weapons while on the premises of the Department. Exceptions apply to the federal officers who are carrying firearms as part of their official duty.

Title 34 § 2525. Individuals who possess PA carry permits or carry permits from the states honored by Pennsylvania are allowed to carry their firearms during hunting.

“No Firearm” signs in Pennsylvania do not have the force of the law, except if they are posted in areas that are listed under off limits in the “Carry Permit Limitations” section. If the property owner asks you to leave the premises, you must do so even if the property is not posted. Police officers who will respond may not know the trespass laws may arrest you if you do not leave even though you follow the law.

Nationalcarryacademy.com recommends you to produce “No Firearms = No Money” cards and give them to the owners of the establishments prohibiting possession of firearms. Responsible permit holders should also respect the right of the property owners.

Individuals are not required to immediately inform police officers on contact whenever carrying.

Title 18 Part I.
Article G. Chapter 61. Subchapter A.
§ 6122. Proof of License and Exception.
Whenever carrying, individuals should display their carry permits when asked by a law enforcement officer to do so. Failure to present the permit shall be a ground for a rebuttable presumption of nonlicensure.

Carrying of firearms in state parks, national forests, state WMA’s and road side rest areas is allowed in the state of Pennsylvania, but carry permit should always be brought.

Carry permits in Pennsylvania are issued to allow individuals to carry their firearms in their person or vehicle within the state. Possession of a firearm without a carry permit shall be considered as third degree felony.

An individual who has a valid permit but fails to carry such when carrying a firearm and has not committed any crime shall be considered as first degree felony.

18 Pa.C.S.A. § 6106. Firearms not to be Carried Without a License
Possession of a firearm without a carry permit shall be considered as third degree felony, except when an individual is in his own home or place of business.

An individual who has a valid permit but fails to carry such when carrying a firearm and has not committed any crime shall be considered as first degree felony.

Exceptions.
This section is not applicable to the following:
a. An individual who carries a firearm and also possesses a firearm permit issued by the United States or another state.
b. An individual with a firearm who possesses a carry permit issued by another state honored by Pennsylvania under a reciprocity agreement. Such agreement occurs if the Attorney General confirms that there are similar laws on firearms for Pennsylvania and for the other state.

§ 926A. Interstate Transportation of Firearms
Transportation of firearms in a vehicle within Pennsylvania is permitted as long as an individual may lawfully possess on the state where he begins the journey and on the state of his destination. During the transportation of the firearm, it should be kept unloaded and not accessible for the passengers of the vehicle. If there is no separate compartment in the vehicle where the firearm can be placed, a locked container may be used.

Open carry is legal in the state of Pennsylvania, but the off limits places mentioned in the “Carry Permit Limitations” section apply to open carriers as well. To know more about open carrying in a vehicle, check the “Traveling in a Vehicle with a Firearm without a Pennsylvania Permit” section above.

Stata and local officials are not allowed to pass laws and ordinances to regulate open carrying, except for 1st class cities. Philadelphia, in particular, requires those who open carry to have a valid carry permit.

If a property owner asks you to leave his premises, you must leave immediately. Otherwise, you may be charged with Criminal Trespass. The minimum age required for open carrying is 18 years old.

Read the “Open Carry Guidance Document for Local Law Enforcement” in this link.

Some states do not allow open carrying on places that allow concealed carrying. To find out more information about this, check the website at www.opencarry.org or search the keywords “Pennsylvania Open Carry” on Google.

Title 18 § 6120. Limitation on the Regulation of Firearms and Ammunition.
Counties, municipalities and towns are not authorized to establish laws and ordinances to regulate the possession, ownership or transportation of firearms, ammunition and handgun accessories as long as they are lawful.

Political subdivision shall not be allowed to bring an action against lawful manufacturers and dealers of firearms for damages or relief which is caused by the lawful design or sale of such. Nevertheless, Political subdivisions may bring an action against manufacturers and dealers of firearms and ammunition for breach of contract.

Under this section, the following terms are defined:
• Relief – This pertains to an individual who is affected by an ordinance or law implemented by a county, municipality or town prohibited by 53 PA. C.S. § 2962(g).
• Reasonable Expenses – This is awarded to an individual who is adversely affected by an ordinance or law implemented by a county, municipality or town
• Adversely affected – This refers to an individual who may lawfully carry a firearm and has the knowledge and stands by the federal and state laws that makes him able to file charges under this section.

Pennsylvania Consolidated Statutes
Crimes and Offenses (Title 18)
Part I. Preliminary Provisions
Chapter 5. General Principles of Justification

§ 501. Definitions.
§ 502. Justification a defense.
§ 503. Justification generally.
§ 504. Execution of public duty.
§ 505. Use of force in self-protection.
§ 506. Use of force for the protection of other persons.
§ 507. Use of force for the protection of property.
§ 508. Use of force in law enforcement.
§ 509. Use of force by persons with special responsibility for care, discipline or safety of others.
§ 510. Justification in property crimes

To know more about the laws concerning the use and possession of knives, click on this link.

Restaurant carrying is allowed in the state of Pennsylvania. “Restaurant carrying” means carrying a firearm in a restaurant that serves alcohol. This may or may not mean that the carrier is allowed to sit at the bar area of the restaurant. Nationalcarryacademy.com recommends you not to sit on the bar area because in some states, this is illegal.

There are some places that use “No Gun” signs like Friday’s and Red Lobster, and if you come across such places, you should leave immediately. When carrying, an individual should not consume alcohol because a single drink can be considered illegal in some states. For further information on restaurant carrying, check the laws that apply to your state.

Title 18, §908.1 Use or Possession of Electric or Electronic Incapacitation Device
The use or possession of electric weapons that are capable of incapacitating for property or self-defense purposes is lawful, provided that the weapon is labeled with instructions on how to use it and the damages it can cause.

Note: The term “labeled” is not clearly defined by the law, so if the device comes with instructions written on a paper, you should have it whenever you are carrying the device.

Stun Guns and Electric Weapons
These weapons are considered illegal in Philadelphia.

§ 10-825. Stun Guns.
“Stun gun” refers to any device capable of expelling a projectile that can inflict bodily injury or electric shock to another person.
No individual shall be allowed to purchase, carry, sell, or use a stun gun. Violation of this section may result to a punishment of a fine not exceeding $300 or 90 days of imprisonment.

Pennsylvania Information on Law Enforcement Officer Safety Act

• PA Supreme Court on Preemption
• PA Superior Court on Requiring PA Residents to Have a Permit to Carry in Pennsylvania
• PA Commonwealth Court on Preemption and Banning of Firearms on City Parks
• PA Supreme Court on Warrantless Vehicle
• PA Attorney General on Banning of Firearms for State Licensed Casinos

No laws in Pennsylvania state that carrying of firearms in airport terminals and parking lots is illegal. There is no set time period for the validity of an individual’s training. Residency is established once an individual obtains a Pennsylvania Driver’s License.

The minimum age for obtaining a carry permit is 21 years old.

Laws on State Reciprocity: 18-6109
Laws on Using Firearms: 18-6101 thru 18-6142
Laws on Using Deadly Force: 18-501 thru 18-510
Laws on Using Knives: C.S.A. 18.908. and 24 P.S. 13-1317.2
Laws on Using Chemical and Electric Weapons: 18.907 – 908.1
Laws on Using Body Armor: 18-.907c and 908.1

18 Pa.C.S.A. § 6102. A “loaded firearm” means that the firing chamber or the magazine has ammunition and can be fired or a detachable magazine containing ammunition and is inserted in the firearm. If the detachable magazine is in a holder, pouch or any device that secures and conceals the ammunition, then it is considered to be in a separate compartment.

State of Emergency
§ 6107. Prohibited Conduct During Emergency
During a state of emergency, no individual shall be allowed to carry a firearm on public highways or streets unless the individual is using the firearm to defend another person or a property.

No one is allowed to confiscate a firearm, accessory or ammunition from a lawful individual during a state of emergency unless it is authorized by the law even though there is no emergency.

Under this section, the following terms are defined:
• “Accessory” refers to a clip, magazine or other devices that can be attached to the firearm.
• “Firearm” refers to any weapon that is capable of expelling projectile and may cause bodily injuries.

PA Administrative Code Title 4 Chapter 3
§ 3.25. Specific Responsibilities.
Pennsylvania Emergency Management Agency shall be responsible of the following during state of emergencies:
a. Deploying emergency response team representatives to conduct emergency response activities
b. Reporting of the significant effects of the disaster or public crisis including injuries, deaths, electric power losses, highway interruptions, and other things that may endanger the safety of the residents.
c. Collecting information about dead and missing persons
d. Supplying information, necessary instructions and police assistance as requested
e. Assisting in the identification of the dead persons
f. Restricting the sale, possession and use of explosives, firearms and combustibles

Note: The federal laws can be applicable during state of emergencies if the state receives financial assistance from the federal government. To know more about the federal laws for state of emergencies, check the US Code 42-5207.

The minimum age requirement to carry and transport a firearm in a vehicle within Pennsylvania without the need for any type of permit is 18 years old.

Note: Some states are restrictive when it comes to carrying and transporting of firearms that they only allow transporting to and from the gun shops, repair shops, shooting range, carrier’s own house, business or other property. Other states do not have restriction.

To know more about carrying and transporting handguns, check the “Traveling in a Vehicle with a Firearm without a Pennsylvania Permit” section above.

4/12/15 – Initial page created.