PA State Gun Laws

Mommy!  That guy has a gun!

Before you reach for your cell phone to dial 9-1-1, is the guy with a gun a threat?  Is he doing something illegal or threatening that warrants calling the police?

With the encouragement of others, I’ve decided to start a firearms blog with the sole purpose of providing accurate information.  Far too many people are afraid of guns and I believe this fear comes from misinformation and not being educated on the subject.  Unfortunately, this fear too often results in law abiding, firearm-carrying citizens being harassed by others, in particular, police who are also unfamiliar with the myriad of laws on the topic.  For my first blog, I wanted to explain to everyone what is and is not legal in the State of Pennsylvania as it pertains to carrying a gun in public.

Article 1, Section 21 of the Pennsylvania State Constitution says the following – “The right of the citizens to bear arms in defense of themselves and the State shall not be questioned”. 

So, who can and cannot possess a firearm?  In PA, no license is required to possess rifles and shotguns, or to possess handguns in one’s home or place of business.  It is unlawful for the following to possess a firearm:

- Persons convicted of a crime of violence

- Fugitives, or a person convicted of a controlled substance offense punishable by more than 2 years

- Persons adjudicated mentally unstable or involuntarily committed to a mental institution

- A person under 18 to possess a handgun (does not apply to a minor who is under the supervision of a parent/guardian, when the minor is engaged in lawful activity

There are two ways in which someone can carry a weapon in public – openly, or concealed.  In the firearms community, these are referred to as open carry (OC), or concealed carry (CC).  OC’ing refers to carrying a gun that is plainly visible on a person.  This could be in a holster on a belt, or simply tucked into the waist line or a belt (although I don’t recommend that).  CC’ing is just that – the firearm is concealed, underneath a shirt or a jacket, in an ankle holster covered by pants, or simply tucked into a jacket pocket.

The bottom line is this – anyone who legally owns a firearm may OC the firearm (or CC, with a license) anywhere in public, EXCEPT:

- On school property, but it shall be a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose

- In a court facility (lockers must be provided for those carrying to secure their firearm)

- Upon the public streets or upon any public property during an emergency proclaimed by a governmental executive UNLESS the person carrying is actively engaged in lawful self-defense, is licensed to carry firearms, or is exempt from licensing requirements

- Upon the public streets or upon any public property in Philadelphia UNLESS the person carrying is licensed to carry firearms or is exempt from licensing requirements

Now we need to discuss private property.  Until now, we’ve been talking about public property.  Private property is different in that the owner of the property has the final say.  You could meet all legal requirements to carry your gun with you into the local drug store, but if the owner says “no guns”, you are obligated to comply.  Non-compliance will result in defiant trespassing, at the very least.

This is a good starting point for future discussions.  If you'd like to read more specifically about the State gun laws, the NRA-ILA has a great site that explains them very clearly here - http://www.nraila.org/gun-laws/state-laws/pennsylvania.aspx.  

Do any of these laws surprise you?  Have you ever encountered someone in public who was carrying a gun?  Leave a comment below to share - and thanks for reading!

*Disclaimer - I am not a lawyer (IANAL).