Federal Firearm Prohibition Law
Can I Legally Possess or Buy a Gun in Pennsylvania?
The Second Amendment to the U.S. Constitution guarantees the right to “keep and bear arms,” and the Pennsylvania Constitution provides similar protections under Article I, Section 21. However, despite the strong language protecting firearm rights, state and federal laws can prohibit certain individuals from buying or possessing firearms.
If you’re wondering, “Am I legally allowed to own a gun in Pennsylvania?”, here’s what you need to know.
Do I Have to Be Convicted of a Felony to Lose My Gun Rights?
It’s a common misconception that only felony convictions result in the loss of gun rights or that rights are automatically restored after a certain number of years. In reality:
Felony convictions almost always lead to a permanent ban on gun ownership under federal law.
Certain misdemeanor convictions—especially domestic violence offenses—also trigger firearm restrictions.
Some non-conviction situations like mental health commitments or restraining orders can also result in a loss of firearm rights.
Under 18 U.S.C. § 922(g), federal law prohibits gun possession by anyone who:
Has been convicted of a crime punishable by more than one year in prison (including many misdemeanors)
Is subject to a domestic protection order (e.g., a PFA in Pennsylvania)
Was involuntarily committed to a mental institution
Is a fugitive from justice
Is in the U.S. illegally or holds a non-immigrant visa
Is a drug user or addict
Was dishonorably discharged from the military
Even using illegal drugs—without a conviction—can make you a prohibited person under federal law.
What If I Was Already Charged With Possessing a Firearm Illegally?
If you were charged with unlawful possession of a firearm as a prohibited person, or you’re concerned about losing your gun rights, it’s essential to speak with an experienced Pennsylvania criminal defense lawyer immediately. Convictions for prohibited possession can lead to serious felony charges and lengthy prison sentences, especially under federal law.
Restoring Gun Rights in Pennsylvania
If you’ve already lost your firearm rights due to a Pennsylvania conviction, there may be legal avenues to restore them, including:
Filing for a pardon through the Pennsylvania Board of Pardons
Challenging the underlying conviction
Seeking relief through state or federal court, depending on the nature of your case
Attorney Jason S. Dunkle has successfully helped clients avoid losing their gun rights, and has also obtained pardons that restored firearm privileges to deserving individuals.
Talk to a Gun Rights Attorney in Pennsylvania Today
Whether you are:
Trying to determine if you’re legally allowed to own a gun
Facing charges as a prohibited person in possession of a firearm
Seeking to restore your Second Amendment rights after a conviction
…you need the guidance of an experienced and knowledgeable Pennsylvania firearms attorney.
For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.