Pennsylvania

  1. PENNSYLVANIA DOMESTIC VIOLENCE FIREARM PROHIBITIONS
    1. Pennsylvania Domestic Violence Firearm Purchase and Possession Prohibitions
  2. PENNSYLVANIA PROTECTION FROM ABUSE ORDER FIREARM REMOVAL
    1. Protection from Abuse Orders that Require Removal
    2. Individuals Who May Petition for a Protection from Abuse Order
    3. Removal Process
    4. Return of Firearms to Defendant
    5. Compliance
    6. Law Enforcement Immunity
    7. Penalties for Violation

Pennsylvania Law

PENNSYLVANIA DOMESTIC VIOLENCE FIREARM PROHIBITIONS

Pennsylvania Domestic Violence Firearm Purchase and Possession Prohibitions

Pennsylvania prohibits possession, use, control, sale, transfer, and manufacture of firearms by persons who are prohibited from possessing or acquiring a firearm under 18 U.S.C. § 922(g)(9).*1

Pennsylvania prohibits possession, use, control, sale, transfer, and manufacture of firearms by persons who:

  1. Are subject to an active final protection from abuse order issued pursuant to 23 Pa. C.S. § 6108;
  2. Are subject tan active protection from abuse order issued pursuant to 23 Pa. C.S. § 6107(b) if the order requires relinquishment of firearms, other weapons, or ammunition for the duration of the order; or
  3. Are otherwise prohibited from possessing or acquiring a firearm under 18 U.S.C. § 922(g)(8). 2

PENNSYLVANIA PROTECTION FROM ABUSE ORDER FIREARM REMOVAL

Protection from Abuse Orders that Require Removal

A court issuing an ex parte temporary protection from abuse order may “direct that the defendant* temporarily relinquish to the sheriff any firearms, other weapons or ammunition for the duration of the temporary order if the petition demonstrates any of the following:

  1. (i) Abuse which involves a firearm or other weapon.
  2. (ii) An immediate and present danger of abuse. In determining whether an immediate and present danger of abuse exists, the court shall consider a number of factors, including, but not limited to:
    1. Whether the temporary order of protection from abuse is not likely to achieve its purpose in the absence of such a condition.
    2. Whether the defendant has previously violated a protection from abuse order.
    3. Whether past or present abuse to the plaintiff or any of the plaintiff’s minor children resulted in injury.
    4. Whether the abuse occurred in public.
    5. Whether the abuse includes:
      1. (i) threats of abuse or suicide;
      2. (ii) killing or threatening to kill pets;
      3. (iii) an escalation of violence;
      4. (iv) stalking or obsessive behavior;
      5. (v) sexual violence; or
      6. (vi) drug or excessive alcohol use.”3

A final protection from abuse order must order the defendant to relinquish any firearm under the defendant’s possession or control and any firearm license issued to the defendant as well as “the defendant’s other weapons or ammunition that have been used or been threatened to be used in an incident of abuse against the plaintiff or minor children.”4

A final consent agreement may order the defendant to relinquish any firearms under the defendant’s possession or control and any firearm license issued to the defendant as well as “the defendant’s other weapons or ammunition that have been used or been threatened to be used in an incident of abuse against the plaintiff or minor children.”5

Individuals Who May Petition for a Protection from Abuse Order

An adult (person 18 or over) or an emancipated minor who has been abused, or any person whose minor child has been abused, may petition for a protection from abuse order.6

“Abuse” is defined as “[t]he occurrence of one or more of the following acts between family or household members, sexual or intimate partners, or persons who share biological parenthood:

  1. Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, indecent assault or incest with or without a deadly weapon.
  2. Placing another in reasonable fear of imminent serious bodily injury.
  3. The infliction or false imprisonment pursuant to 18 Pa. C.S. 2903 (relating to false imprisonment).
  4. Physically or sexually abusing minor children, including such terms as defined in Chapter 63 (relating to child protective services).
  5. Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury.…”7

Removal Process

The subject of a final protection from abuse order shall relinquish any firearm, other weapon, or ammunition, and any firearms license within 24 hours of entry of the final order to:

  1. the sheriff or the appropriate law enforcement agency;
  2. a licensed firearms dealer; or
  3. a third party* for safekeeping.8

If the court orders the subject of an ex parte temporary protection from abuse order to relinquish any firearm, other weapon, or ammunition, the defendant shall relinquish within 24 hours of service of the temporary order to:

  1. the sheriff; or
  2. a third party for safekeeping.9

Sheriff or Appropriate Law Enforcement Agency

A sheriff or appropriate law enforcement agency taking possession of relinquished firearms, other weapons, or ammunition “shall secure custody of the defendant’s firearms, other weapons, or ammunition and any firearm license listed in the court’s order for the duration of the order or until otherwise directed by court order” and “provide the defendant with a signed and dated written receipt which shall include a detailed description of the other weapon or ammunition and its condition.”10

Licensed Firearm Dealer

The subject of a final protection from abuse order may relinquish firearms, other weapons, or ammunition to a licensed firearms dealer for consignment sale, lawful transfer, or safekeeping.11 The defendant shall obtain an affidavit from the dealer – on a form created by the Pennsylvania State Police12 – “which shall include, at minimum, the following:

  1. The caption of the case in which the protection from abuse order was issued.
  2. The name, address, date of birth and Social Security number of the defendant.
  3. A list of the firearms, other weapons or ammunition, including, if applicable, the manufacturer, model and serial number.
  4. The name and license number of the dealer licensed pursuant to Pennsylvania law and the address of the licensed premises.
  5. An acknowledgment that the firearms, other weapons or ammunition will not be returned to the defendant or sold or transferred to a person the dealer knows is a member of the defendant’s household, while the defendant is the subject of an active final protection from abuse order … which order provides for the relinquishment of the firearm, other weapon or ammunition being returned, sold or transferred.
  6. An acknowledgment that the firearms, other weapons or ammunition, if sold or transferred, will be sold or lawfully transferred in compliance with [Pennsylvania law].”13

The defendant shall provide the affidavit to the sheriff within the timeframe specified in the order.14

Upon entry of a final protection from abuse order, a defendant who had relinquished such firearms, other weapons, or ammunition to the sheriff pursuant to a temporary order may request that such firearms, other weapons, or ammunition be relinquished to a licensed firearms dealer for consignment sale, lawful transfer, or safekeeping.15 If the defendant is able to identify a licensed firearms dealer that will accept the firearms, other weapons, or ammunition, in compliance with the affidavit requirements, the court shall order the sheriff to transport the firearms, other weapons, or ammunition to the licensed firearms dealer.16

Third Party

The subject of a temporary or final protection from abuse order who wishes to relinquish his or her firearms, other weapons, or ammunition to a third party shall report, with the third party, to the sheriff’s office in the county where the order was entered in the time frame specified in the order.17 The defendant shall, in the presence of the sheriff or sheriff’s designee, execute an affidavit that shall include, at a minimum, the following:

  1. The caption of the case in which the protection from abuse order was issued.
  2. The name, address, date of birth, and Social Security number of the defendant.
  3. The name, address, and date of birth of the third party.
  4. A list of the firearms, other weapons, and ammunition that will be relinquished to the third party, including, if applicable, the manufacturer, model, and serial number.
  5. An acknowledgment that the defendant will not take possession of any firearm, other weapon, or ammunition relinquished to the third party until the sheriff accepts return of the safekeeping permit.
  6. A plain-language summary of Pennsylvania’s prohibition on possession, use, control, sale, transfer, or manufacture of firearms by persons subject to an active final protection from abuse order and the penalty for knowingly failing to relinquish a firearm, other weapon, or ammunition as required by a final protection from abuse order.
  7. A plain-language summary of the federal* prohibition on purchase or possession of firearms by persons subject to a final domestic violence protective order.18

The third party to whom the defendant wishes to relinquish his or her firearms, other weapons, or ammunition shall, in the presence of the sheriff or the sheriff’s designee, execute an affidavit, which shall include, at a minimum, the following:

  1. The caption of the case in which the protection from abuse order was issued.
  2. The name, address, and date of birth of the defendant.
  3. The name, address, date of birth, and Social Security number of the third party.
  4. A list of the firearms, other weapons, and ammunition, which will be, relinquished to the third party, including, if applicable, the manufacturer, model, and serial number
  5. An acknowledgment that no firearm, other weapon, or ammunition relinquished to the third party will be returned to the defendant until the sheriff accepts return of the safekeeping permit.
  6. A plain-language summary of Pennsylvania’s prohibition on possession, use, control, sale, transfer, or manufacture of firearms by persons subject to an active final protection from abuse order and the penalty for knowingly failing to relinquish a firearm, other weapon, or ammunition as required by a final protection from abuse order.
  7. A plain-language summary of Pennsylvania law regarding third party safekeeping.
  8. An acknowledgment that the third party is not prohibited from possessing firearms, other weapons, or ammunition pursuant to any Federal or State law.
  9. An acknowledgment that the third party is not subject to an active protection from abuse order.
  10. An acknowledgment that the defendant has never been the subject of a protection from abuse order issued on behalf of the third party.
  11. An acknowledgment that any firearms, other weapons, and ammunition relinquished to the third party will be stored using a locking device or in a secure location to which the defendant does not have access.
  12. A detailed description of the third party liability.*
  13. An acknowledgment that the third party shall inform the sheriff of any change of address for the third party within seven days of the change of address.
  14. An acknowledgement that the third part and the defendant are not family or household members.
  15. An acknowledgement that the third party is one of the following: (I) An attorney at law, and further acknowledgement that the attorney at law and the defendant are in an attorney-client relationship. The attorney at law and the defendant shall sign a written agreement stating in substantially the following form: “Firearm(s) can be relinquished to the attorney at law upon the express, written condition that firearm(s) will be returned to the defendant, or otherwise transferred, only if in strict conformance with applicable law.” (II) A commercial armory, and further acknowledgement that the owner or operator of the commercial armory is not a family or household member of the defendant; the commercial armory is a secure storage facility designed to store firearms; the commercial armory possesses all Federal and State licenses to store firearms; and a form stating substantially the following: “Firearms can be relinquished to the commercial armory upon the express, written conditions that firearm(s) will be returned, or transferred, to the defendant only in strict conformance with applicable law.”19

Once the sheriff has determined that the third party is not prohibited from possessing firearms by State or Federal law, and both the defendant and the third party have executed the aforementioned affidavits, “the sheriff shall issue a safekeeping permit to the third party, which shall include, at a minimum, a list of the firearms, other weapons, and ammunition which will be relinquished to the third party.”20 The permit shall require the third party to retain possession of the defendant’s firearms, other weapons, and ammunition until the sheriff revokes the safekeeping permit or accepts return of the safekeeping permit.21

At the time the defendant relinquishes the firearms to the third party, “the third party shall sign an acknowledgment of receipt on a form prescribed by the Pennsylvania State Police, which shall include, at a minimum, an acknowledgment that the firearms were relinquished to the third party within the time frame specified in the order.”22Within 24 hours of issuance of the safekeeping permit to the third party – or, if the sheriff’s office is closed, by the next business day – the defendant shall return the signed acknowledgement of receipt form to the sheriff in the county where the order was entered.23

The sheriff shall revoke a safekeeping permit and the sheriff shall either seize or require the third party to relinquish to the sheriff the defendant’s firearms, other weapons, or ammunition “upon determining or being notified that any of the following apply:

  1. A protection from abuse order has been entered against the third party.
  2. The third party is prohibited from possessing firearms, other weapons, or ammunition pursuant to any Federal or State law.
  3. The defendant has been convicted of a violation of 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles) or any other offense involving the use of a firearm.
  4. The defendant has been held in indirect criminal contempt for violating a provision of the protection from abuse order consistent with section 6108(a)(1), (2), (6), (7) or (9) (relating to relief).”24

Upon entry of a final protection from abuse order which requires relinquishment of firearms, other weapons, or ammunition, a defendant who had relinquished such firearms, other weapons, or ammunition to the sheriff pursuant to a temporary order may have the firearms, other weapons, or ammunition relinquished to a third party in accordance with the affidavit requirements above.25

Return of Firearms to Defendant

A temporary or final protection from abuse order requiring the relinquishment of firearms, other weapons, or ammunition shall provide for the return of such firearms, other weapons, or ammunition upon expiration of the order or dismissal of a petition for a protection from abuse order.26 If the defendant is otherwise eligible to lawfully possess firearms, other weapons, or ammunition, the defendant may take custody of the relinquished firearms, other weapons, or ammunition.27

“The sheriff’s or the appropriate law enforcement agency’s office shall maintain a weapons return form that the defendant may fill out and return to the office once a temporary or final protection from abuse order has been dismissed or expires.” 28

Before firearms, other weapons or ammunition are returned to the defendant, the following conditions must be met:

  1. The firearms, other weapons, or ammunition relinquished must not be evidence of a crime.
  2. The defendant must not be otherwise prohibited by applicable Federal or State law, or another condition.
  3. The defendant must have been given clearance by the Pennsylvania State Police Instant Check System Unit or through the National Instant Criminal Background Check System (NICS), requested by the sheriff’s office. 29

A defendant may petition the court for return of firearms, other weapons, and ammunition prior to the expiration of the protection from abuse order. Such petition shall be served on the plaintiff, who shall be a party to the proceedings regarding the petition.29

Abandoned firearms, other weapons or ammunition may be disposed of by the custodian by:

  1. Arranging for the sale of the firearms, weapons or ammunition to a federally licensed firearms dealer by sealed bid with proceeds of the sale to be retained by the custodian.
  2. Arranging for the lawful and complete destruction of the firearms, weapons or ammunition.30

Third Party

After the expiration of a protection from abuse order which required relinquishment of firearms, other weapons, or ammunition, “the defendant and third party shall report to the sheriff’s office to return the safekeeping permit.” 30 If the sheriff determines that the defendant is not prohibited from possessing firearms, other weapons, and ammunition, the sheriff shall accept the return of the safekeeping permit and the third party shall return the defendant’s firearms, other weapons, and ammunition.31 If the sheriff determines that the defendant is prohibited from possessing a firearm, other weapon, or ammunition pursuant to Federal or State law, the sheriff shall accept the return of the safekeeping permit and seize from the third party all of the defendant’s firearms, other weapons, and ammunition.32

Compliance

If the defendant fails to relinquish any firearm, other weapon, ammunition, or firearm license within 24 hours, upon the close of the next business day (due to closure of the sheriff’s offices), or within the time ordered by the court, the sheriff shall, at minimum, provide immediate notice to the court, plaintiff, and appropriate law enforcement agencies.33 Law enforcement may also arrest the defendant for failing to comply with the surrender requirement.34 Following an arrest, law enforcement shall seize all firearms, other weapons, and ammunition: (a) used or threatened to be used during the violation of the protection order, or (b) during prior incidents of abuse, and (c) in the defendant’s possession.35

Law Enforcement Immunity

Pennsylvania law provides law enforcement officers and agencies immunity from civil liability for actions taken in good faith to to carry out their duties relating to the seizure and relinquishment of firearms, other weapons and ammunition pursuant to protection from abuse orders, except for gross negligence, intentional misconduct or reckless, willful or wanton misconduct.36

Law enforcement officers and employees “shall be liable to the lawful owner of confiscated, seized or relinquished other weapons or ammunition for any loss, damage or substantial decrease in the value of the other weapons or ammunition that is a direct result of a lack of reasonable care by the law enforcement agency or its employees.”37

Penalties for Violation

A person who is subject to an active final protection from abuse order that requires relinquishment of firearms, other weapons, or ammunition commits a misdemeanor of the first degree if he or she intentionally or knowingly fails to relinquish a firearm, other weapon, or ammunition as required. 38 A misdemeanor of the first degree is punishable by no more than five years imprisonment.39

A person who violates of a protection from abuse order may be convicted for indirect criminal contempt, punishable by:

  1. A fine of not less than $300 nor more than $1,000 and imprisonment up to six months; or
  2. A fine of not less than $300 nor more than $1,000 and supervised probation not to exceed six months.40

This page was updated May 5, 2021. Please note that data used are the most recent available data.