Can a felon own a gun in Pennsylvania?

Pennsylvania prohibits firearm possession for persons convicted of certain enumerated offenses (18 Pa.C.S. 6105) — not all felonies trigger the prohibition. For prohibited offenses, gun rights may be restored through a gubernatorial pardon or by petition to the court of common pleas 10 years after conviction.

How can a felon restore gun rights in Pennsylvania?

Petition the court of common pleas after 10 years, or apply for a gubernatorial pardon.

What is the waiting period for gun rights restoration in Pennsylvania?

10 years after conviction for court petition. No fixed waiting period for gubernatorial pardon.

Are there exceptions to gun rights restoration in Pennsylvania?

Not all felonies trigger the firearms prohibition — only enumerated offenses under 18 Pa.C.S. 6105 (crimes of violence, drug trafficking, felonies involving weapons, etc.). Non-enumerated felonies may not carry a state-level firearm prohibition.

Can a convicted felon own a gun in Pennsylvania?

It depends on the specific conviction. Not all felonies trigger Pennsylvania's firearms prohibition — only offenses enumerated in 18 Pa.C.S. 6105 are disqualifying under state law. However, the federal prohibition under 18 U.S.C. 922(g)(1) applies to virtually all felonies regardless of Pennsylvania state law. For enumerated offenses, restoration requires a governor's pardon through the Board of Pardons.

How long does the Pennsylvania pardon process take?

The entire process — from application to Governor's decision — typically takes several years. The investigation phase alone can take many months. After investigation, the Board schedules a merit review, then a hearing (if warranted). Some applicants with older, non-violent offenses may qualify for expedited review (introduced in 2025), which can shorten the timeline.

What offenses are enumerated in Section 6105?

Key enumerated offenses include: murder, voluntary manslaughter, aggravated assault, kidnapping, rape, IDSI, robbery, burglary (of overnight accommodation), arson, extortion, drug trafficking (manufacture/delivery/PWID), certain weapons offenses, terroristic threats, stalking, and DUI (third or subsequent offense within five years). Certain first-degree misdemeanors involving violence, drugs, or weapons are also included.

Can I petition the court to restore my gun rights instead of seeking a pardon?

The court petition process under Section 6105(d) is limited. It is primarily available for persons whose convictions were for first-degree misdemeanors and at least 10 years have passed. For most felony convictions, the court petition pathway is not available — a governor's pardon is required. Additionally, under Paulshock, even a successful court petition does not address the federal prohibition.

Does a Pennsylvania pardon automatically restore my federal gun rights?

Potentially, but it is not guaranteed. A governor's pardon that restores full civil rights (voting, jury service, holding office) and does not expressly exclude firearms may satisfy the federal exception under 18 U.S.C. 921(a)(20). However, the ATF and federal prosecutors make their own determinations. Consult a federal firearms attorney after receiving a pardon to confirm your federal status.

What is Section 6105.1 and does it apply to me?

Section 6105.1 provides a restoration mechanism specifically for persons whose convictions occurred before the offense was added to the Section 6105 enumerated list. If you were convicted of an offense that was not disqualifying at the time of conviction but was later added to the list, you may petition the court for restoration under this section. This is a narrow provision that applies to a limited group of individuals.

I have a protection from abuse (PFA) order against me. Can I possess firearms?

No. Under both Pennsylvania law (18 Pa.C.S. 6105(c)(6)) and federal law (18 U.S.C. 922(g)(8)), persons subject to an active PFA order are prohibited from possessing firearms. In Pennsylvania, you must relinquish all firearms within 24 hours of being served with the PFA order. The prohibition lasts as long as the PFA order is in effect.

Felon Gun Rights in Pennsylvania

Must petition for restoration

It depends on your specific conviction. Not all felonies trigger Pennsylvania's firearms prohibition — only offenses enumerated under 18 Pa.C.S. 6105 (crimes of violence, drug trafficking, weapons offenses, and certain others). If your conviction is a non-enumerated felony, you may not be prohibited under state law (though the federal ban still applies). For enumerated offenses, you can seek restoration through a governor's pardon via the Board of Pardons, or — for certain offenses — petition the court of common pleas after 10 years.

Last updated: 2026-03-21

Overview

Pennsylvania prohibits firearm possession for persons convicted of certain enumerated offenses under 18 Pa.C.S. 6105 — importantly, not all felonies trigger the prohibition. The list includes crimes of violence, drug trafficking felonies, felonies involving weapons, DUI (third or subsequent offense), and certain misdemeanors. For those who are prohibited, the two main paths to restoration are a governor's pardon (through the Board of Pardons) or a court petition under Section 6105(d). Pennsylvania's Board of Pardons underwent significant modernization in 2025, including launching an online application portal.

Quick Answer

Federal Law — 18 USC 922(g)

The federal prohibition under 18 U.S.C. 922(g)(1) applies independently and broadly — it prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms, regardless of whether Pennsylvania considers the offense disqualifying. Critically, the Pennsylvania Supreme Court ruled in Pennsylvania State Police v. Paulshock (2006) that a state court order restoring gun rights under Section 6105 does NOT restore federal firearms rights. Only a governor's pardon that restores full civil rights may satisfy the federal exception. The DOJ's new 18 U.S.C. 925(c) process, expected to accept applications in 2026, may provide a separate federal pathway.

Can restore gun rights

✓Persons convicted of enumerated offenses under 18 Pa.C.S. 6105 who receive a full governor's pardon through the Board of Pardons
✓Persons convicted of non-disqualifying felonies (offenses NOT listed in Section 6105) — these persons are not prohibited under Pennsylvania state law, though the federal prohibition still applies
✓Persons whose convictions are overturned, vacated, or expunged
✓Persons convicted of certain first-degree misdemeanors who petition the court after 10 years with a clean record
✓Persons who qualify for relief under Section 6105.1 for offenses that were not disqualifying under prior law but are now enumerated

Cannot restore gun rights

✗Persons convicted of murder, voluntary manslaughter, aggravated assault, kidnapping, rape, involuntary deviate sexual intercourse, robbery, burglary of a structure adapted for overnight accommodation, arson, or extortion — unless pardoned
✗Persons convicted of drug trafficking offenses under 35 P.S. 780-113(a)(30) (manufacture, delivery, or possession with intent to deliver) — unless pardoned
✗Persons convicted of any offense involving the use of a firearm or deadly weapon in its commission
✗Persons subject to an active protection from abuse (PFA) order
✗Persons convicted of a misdemeanor crime of domestic violence (separate federal prohibition under 18 U.S.C. 922(g)(9))
✗Persons adjudicated as incompetent or involuntarily committed to a mental institution
✗Fugitives from justice or persons who are unlawful users of controlled substances

Step-by-Step Process

Determine whether your conviction triggers the Section 6105 prohibition

Review the enumerated offenses in 18 Pa.C.S. 6105(b) and (c). Not all felonies are listed — only specific crimes of violence, drug trafficking offenses, weapons offenses, and certain misdemeanors. If your conviction is not on the list, you may not be prohibited under Pennsylvania state law (but the federal prohibition under 18 U.S.C. 922(g)(1) still applies to any crime punishable by more than one year).

Choose a restoration pathway

The two main pathways are: (1) Governor's pardon through the Board of Pardons — available for all offenses and restores both state and potentially federal rights; (2) Court petition under Section 6105(d) — available for certain offenses (primarily first-degree misdemeanors) after 10 years. For most felony convictions, a pardon is the only viable state-level option.

Apply for a governor's pardon (primary pathway for felonies)

Submit a clemency application to the Pennsylvania Board of Pardons. As of 2026, the Board accepts applications through a fully online portal. Obtain certified copies of your criminal history from the clerk of courts in the county of conviction. The application requires a detailed explanation of the offense, your rehabilitation since the conviction, and why clemency is warranted.

Undergo investigation and merit review

After filing, the Department of Corrections investigates your case, including interviewing you and reviewing your complete criminal history and driving record. The Board reviews the investigation file and votes on whether to grant a merit review hearing. Some applicants with older, non-violent convictions may qualify for expedited review (new as of 2025). If denied at merit review, you may reapply.

Attend the public hearing

If the Board grants a merit review, you will be scheduled for a public hearing. Hearings are conducted virtually. Each case typically takes 15 minutes or less, with questions from Board members. Victims and the District Attorney from the county of conviction may provide testimony. The Board then votes on whether to recommend clemency to the Governor.

Await the Governor's decision

If the Board recommends clemency, the Governor has final authority to grant or deny the pardon. If granted, the pardon restores your civil rights, including the right to possess firearms under Pennsylvania state law. The entire process from application to decision typically takes several years.

Address the federal prohibition separately

A governor's pardon may satisfy the federal 'civil rights restored' exception if it restores full civil rights without expressly excluding firearms. However, under Paulshock, a court order restoring state gun rights does NOT address the federal ban. If your pardon is granted, consult a federal firearms attorney to confirm that the federal prohibition has been lifted before purchasing or possessing firearms.

Waiting Period

For a court petition under Section 6105(d), 10 years must have passed since conviction. For a governor's pardon through the Board of Pardons, there is no fixed statutory waiting period, but the Board expects applicants to have completed their sentence and demonstrated sustained rehabilitation. The application and review process itself typically takes several years from filing to final decision. Expedited review for older, non-violent convictions was introduced in 2025.

Key Laws

Law	Year	Description
18 Pa.C.S. 6105 — Persons Not to Possess Firearms	1995	The core disqualification statute. Enumerates specific offenses (crimes of violence, drug trafficking, weapons offenses, certain misdemeanors, DUI 3+) that prohibit firearm possession. Also covers persons with PFA orders, mental health adjudications, and other disqualifications. Section 6105(d) provides a court petition process for certain first-degree misdemeanors.
18 Pa.C.S. 6105.1 — Restoration for Offenses Under Prior Laws	2002	Provides a restoration mechanism for persons convicted of offenses that were not disqualifying under prior Pennsylvania law but were later added to the Section 6105 enumerated list. Allows a court petition if the offense was committed before it became disqualifying.
Pennsylvania Board of Pardons — Modernization (2025-2026)	2025	The Board of Pardons launched a fully online clemency application process effective January 1, 2026. Previous application versions are no longer accepted. An expedited review pathway was introduced in 2025 for applicants with older, non-violent convictions.
Pa. State Police v. Paulshock, 897 A.2d 1109 (Pa. 2006)	2006	The Pennsylvania Supreme Court held that a state court order restoring firearms rights under Section 6105 does NOT restore federal firearms rights under 18 U.S.C. 922(g)(1). Federal and state rights must be restored separately.
18 U.S.C. 922(g)(1) — Federal Felon-in-Possession Prohibition	1968	The federal law independently prohibiting firearm possession by anyone convicted of a crime punishable by more than one year of imprisonment. Applies in Pennsylvania regardless of state law.

Edge Cases

My felony conviction is not on the enumerated list in Section 6105. Can I legally possess firearms in Pennsylvania?

Under Pennsylvania state law, if your felony conviction is not among the offenses enumerated in 18 Pa.C.S. 6105(b) and (c), you are not prohibited from possessing firearms. However, the federal prohibition under 18 U.S.C. 922(g)(1) applies to anyone convicted of a crime punishable by more than one year of imprisonment — which includes virtually all felonies and some misdemeanors. So while Pennsylvania state law may not prohibit you, federal law does. You could face federal prosecution for possessing a firearm.

I received a court order restoring my gun rights under Section 6105(d). Am I also cleared under federal law?

No. Under Pennsylvania State Police v. Paulshock (2006), the Pennsylvania Supreme Court made clear that a state court restoration order does NOT restore federal firearms rights. You must separately address the federal prohibition — either through a governor's pardon that restores full civil rights, or through the new federal 18 U.S.C. 925(c) process (expected to accept applications in 2026). Possessing a firearm based solely on a state court order could result in federal prosecution.

I was convicted of a third DUI offense. Am I prohibited from possessing firearms?

Yes. Under 18 Pa.C.S. 6105(c)(3), a person convicted of DUI (75 Pa.C.S. 3802) on three or more separate occasions within a five-year period is prohibited from possessing firearms. This is notable because DUI offenses are often misdemeanors, yet they can trigger the firearms disability in Pennsylvania if there are three or more convictions.

I was convicted of a misdemeanor crime of domestic violence. Which law applies?

Both state and federal law prohibit you from possessing firearms. Under Pennsylvania law, a conviction for a misdemeanor offense of domestic violence (such as simple assault in a domestic setting) can trigger the Section 6105 prohibition. Separately, the federal Lautenberg Amendment (18 U.S.C. 922(g)(9)) independently prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms, and this federal prohibition cannot be removed by a state pardon — only an expungement, set-aside, or presidential pardon will lift it.

Does Pennsylvania recognize a pardon or rights restoration from another state?

It depends. If another state pardons your conviction and fully restores your civil rights (including firearms), Pennsylvania may recognize the restoration for purposes of state law. However, the federal prohibition is evaluated independently based on whether the convicting state's restoration satisfies the federal exception. If you were convicted in another state and later moved to Pennsylvania, you should consult an attorney to evaluate both the state and federal implications.

Can I get expedited review for my pardon application?

As of 2025, the Board of Pardons automatically considers eligible applications for expedited review. You do not need to apply separately. Eligibility generally requires an older, non-violent conviction. If your application qualifies, the Board will process it through the expedited track. The Board determines eligibility — not the applicant.

Frequently Asked Questions

Can a convicted felon own a gun in Pennsylvania?: It depends on the specific conviction. Not all felonies trigger Pennsylvania's firearms prohibition — only offenses enumerated in 18 Pa.C.S. 6105 are disqualifying under state law. However, the federal prohibition under 18 U.S.C. 922(g)(1) applies to virtually all felonies regardless of Pennsylvania state law. For enumerated offenses, restoration requires a governor's pardon through the Board of Pardons.
How do I apply for a pardon to restore my gun rights in Pennsylvania?: Submit a clemency application through the Board of Pardons' online portal (effective January 1, 2026). You will need certified copies of your criminal history from the clerk of courts in the county of conviction. The application requires a detailed explanation of the offense and your rehabilitation. After investigation, the Board votes on whether to grant a hearing. If a hearing is granted and the Board recommends clemency, the Governor makes the final decision.
How long does the Pennsylvania pardon process take?: The entire process — from application to Governor's decision — typically takes several years. The investigation phase alone can take many months. After investigation, the Board schedules a merit review, then a hearing (if warranted). Some applicants with older, non-violent offenses may qualify for expedited review (introduced in 2025), which can shorten the timeline.
What offenses are enumerated in Section 6105?: Key enumerated offenses include: murder, voluntary manslaughter, aggravated assault, kidnapping, rape, IDSI, robbery, burglary (of overnight accommodation), arson, extortion, drug trafficking (manufacture/delivery/PWID), certain weapons offenses, terroristic threats, stalking, and DUI (third or subsequent offense within five years). Certain first-degree misdemeanors involving violence, drugs, or weapons are also included.
Can I petition the court to restore my gun rights instead of seeking a pardon?: The court petition process under Section 6105(d) is limited. It is primarily available for persons whose convictions were for first-degree misdemeanors and at least 10 years have passed. For most felony convictions, the court petition pathway is not available — a governor's pardon is required. Additionally, under Paulshock, even a successful court petition does not address the federal prohibition.
Does a Pennsylvania pardon automatically restore my federal gun rights?: Potentially, but it is not guaranteed. A governor's pardon that restores full civil rights (voting, jury service, holding office) and does not expressly exclude firearms may satisfy the federal exception under 18 U.S.C. 921(a)(20). However, the ATF and federal prosecutors make their own determinations. Consult a federal firearms attorney after receiving a pardon to confirm your federal status.
What is Section 6105.1 and does it apply to me?: Section 6105.1 provides a restoration mechanism specifically for persons whose convictions occurred before the offense was added to the Section 6105 enumerated list. If you were convicted of an offense that was not disqualifying at the time of conviction but was later added to the list, you may petition the court for restoration under this section. This is a narrow provision that applies to a limited group of individuals.
I have a protection from abuse (PFA) order against me. Can I possess firearms?: No. Under both Pennsylvania law (18 Pa.C.S. 6105(c)(6)) and federal law (18 U.S.C. 922(g)(8)), persons subject to an active PFA order are prohibited from possessing firearms. In Pennsylvania, you must relinquish all firearms within 24 hours of being served with the PFA order. The prohibition lasts as long as the PFA order is in effect.

Take Action — Direct Links

Pennsylvania Board of Pardons — Clemency Application
Official online clemency application portal. As of January 1, 2026, only applications submitted through this portal are accepted.
Pennsylvania Board of Pardons — Clemency Process Overview
Step-by-step overview of the clemency process, including investigation, merit review, hearing, and Governor's decision.
Pardon Project (pardonmepa.org)
Nonprofit organization providing free assistance to Pennsylvanians navigating the clemency process, including help with applications.
18 Pa.C.S. 6105 — Full Statute Text
Full text of the firearms disqualification statute, including the enumerated offenses and the court petition process.
Pennsylvania State Police — Firearms Division
Information on firearms licensing, background checks, and the Pennsylvania Instant Check System (PICS).
CCRC — Pennsylvania Restoration of Rights Profile
Comprehensive overview of Pennsylvania rights restoration from the Collateral Consequences Resource Center.
DOJ — Federal Firearm Rights Restoration (925(c))
Information on the new federal firearms rights restoration process under 18 U.S.C. 925(c), expected to begin accepting applications in 2026.