Pennsylvania State Law Summary

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Pennsylvania, all firearm transfers by licensed dealers are processed through the Pennsylvania State Police, which enforces the federal purchaser prohibitions referenced above. Pennsylvania serves as a state point of contact for implementation of the Brady Act, requiring the Pennsylvania State Police to process firearms licensee requests for background checks. 18 Pa. Cons. Stat. Ann. § 6111.1; Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). In Pennsylvania, unlicensed sellers may only sell a handgun to an unlicensed purchaser at the place of business of a licensed importer, manufacturer, dealer or county sheriff's office. Section 6111(c), (f)(1)-(2). See the Pennsylvania Private/Secondary Sales section for further information.

In addition to the federal purchaser prohibitions referenced above, Pennsylvania has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Section 6105(b) provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she has been convicted of:

• Possessing, using, making, repairing, selling, or otherwise dealing in any "offensive weapon," including machine guns, sawed-off shotguns, firearms with a silencer, and stun guns (see § 908);

• An offense relating to organized crime;

• Possessing a weapon on school property;

• Murder;

• Voluntary or involuntary manslaughter involving reckless use of a firearm;

• Aggravated assault;

• Assault by a prisoner or a “life prisoner;”

• Stalking;

• Kidnapping or unlawful restraint;

• Rape, involuntary intercourse, or aggravated indecent assault;

• Luring a child into a motor vehicle;

• Arson;

• Causing or risking catastrophe;

• Burglary;

• Criminal trespass (at the level of second degree felony or higher);

• Robbery or robbery of a motor vehicle;

• Felony theft or felony extortion accompanied by threats of violence (if it is the second conviction for said felony);

• Felony receiving stolen property;

• Impersonating a law enforcement officer;

• Intimidation of, or retaliation against, a witness or a victim;

• Escape from "official detention" (per 8 Pa. Cons. Stat. Ann. § 5121, defined as arrest, detention in any facility for the custody of persons under charge or conviction of a crime or alleged or found to be delinquent, detention for extradition or deportation, or any other detention for law enforcement purposes);

• Possession of weapons or implements for escape from a detention facility, correctional institution or mental hospital;

• Riot;

• Paramilitary training;

• Possession of a firearm by a minor or corruption of minors;

• An offense involving “facsimile weapons of mass destruction”; or

• Unlawful sale or lease of weapons or explosives.

18 Pa. Cons. Stat. Ann. § 6105(c) also prohibits the following individuals from possessing a firearm:

• A fugitive from justice;

• A person who has been convicted of an offense under The Controlled Substance, Drug, Device and Cosmetic Act (see 35 Pa. Stat. Ann. § 780-101 et seq.);

• A person who has been convicted of driving under the influence;

• A person who has been adjudicated as incompetent or involuntarily committed to a mental institution;

• An illegal alien;

• A person adjudicated delinquent under federal or state law as a result of conduct which, if committed by an adult, would constitute specified offenses under the Pennsylvania Consolidated Statutes (see 18 Pa. Cons. Stat. Ann. § 6105(c)(7), (8));

• A person who is the subject of an active protection from abuse order that provides for the relinquishment of firearms while the order is in effect; or

• A person who is prohibited by 18 U.S.C. § 922(g)(9) (conviction for a misdemeanor crime of domestic violence by any court) from possessing or acquiring a firearm.

No relevant statutes currently exist.

Open Carrying/Exposed Firearms

Pennsylvania law prohibits carrying a firearm, rifle or shotgun "at any time upon the public streets or upon any public property in a city of the first class" (cities with a population of one million or more, per 53 Pa. Stat. Ann. § 101) unless the person is licensed to carry a firearm (18 Pa. Cons. Stat. Ann. § 6109) or, as discussed below, is exempt under section 6106. 18 Pa. Cons. Stat. Ann. § 6108.

Possession Restrictions

Pennsylvania prohibits the possession of firearms in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school. 18 Pa. Cons. Stat. Ann. § 912. However, a defense to the statute exists where the weapon is possessed and used in conjunction with a lawful supervised school activity or course or "is possessed for other lawful purpose." Section 912(c). The state also prohibits any person from knowingly possessing a firearm in a court facility or knowingly causing a firearm to be present in a court facility, with certain limited exceptions. Section 913(1).

State law prohibits hunting with a firearm in a "safety zone," defined as an area within 150 yards of "any attached or detached playground of any school, nursery school or day-care center." 34 Pa. Cons. Stat. Ann. § 2505(a), (c).

State regulations also prohibit the possession of firearms and ammunition in: 1) child day care centers (55 Pa. Code § 3270.79); 2) group child day care homes located in buildings that are not residences (55 Pa. Code § 3280.79(a)); 3) child residential and day treatment facilities (55 Pa. Code § 3800.101); and 4) community homes for individuals with mental retardation (55 Pa. Code § 6400.86). Firearms are also generally prohibited in facilities licensed by the Gaming Control Board. 58 Pa. Code § 465.14.

Concealed weapons permit holders may be subject to additional location limits. Please see the Location Limits subsection below for further information.

Transportation of Firearms

Pennsylvania law provides that "any person who carries a firearm in any vehicle…without a valid and lawfully issued license…commits a felony." 18 Pa. Cons. Stat. Ann. § 6106(a).

Section 6106(a) does not apply to:

• Law enforcement officers;

• Members of the military;

• Those traveling to or from target shooting, if the firearm is unloaded with the cartridges or shells carried in a separate container;

• Officers or employees of the United States duly authorized to carry a concealed firearm;

• Agents, messengers, or employees of banks or businesses whose duties require them to protect money or other valuable property in the discharge of their duties;

• Any person engaged in the business of manufacturing, repairing, or dealing in firearms or the agent of such person, having in his or her possession, using, or carrying a firearm in the usual course of business;

• Any person carrying an unloaded firearm in a secure wrapper between certain places, including the place of purchase or repair to his or her home or place of business, or when moving from one home or business to another;

• Any person licensed to hunt or fish, if he or she is actually hunting or fishing;

• A person training dogs;

• Any person carrying a firearm in a vehicle who possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the U.S. or any other state;

• A person who has a license to possess a firearm and the license expired within six months before his or her date of arrest, and the person is otherwise eligible for renewal of the license; and

• Any person who is otherwise eligible to possess a firearm and who is operating a vehicle which is registered in the person's name or the name of a spouse or parent and which contains a firearm for which a license has been issued to the spouse or parent owning the firearm.

Section 6106(b).

One who violates this section but "who is otherwise eligible to posses a valid license" and "has not committed any other criminal violation" commits a misdemeanor of the first degree. Section 6106(a)(2).

Pennsylvania defines a firearm as "[a]ny pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches." Section 6102. Loaded firearms not included in this definition generally may not be carried by any person, including concealed weapon permit holders, in any vehicle. Section 6106.1(a).

It is generally unlawful to operate or ride in any snowmobile or ATV in possession of a loaded firearm. 75 Pa. Cons. Stat. Ann. § 7727.

Pennsylvania prohibits the possession of firearms in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school. 18 Pa. Cons. Stat. Ann. § 912. However, it is 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." Section 912(c).

Finally, no person may possess a firearm of any kind "in or on or against any conveyance propelled by mechanical power or its attachments at any time whether or not the vehicle or its attachment is in motion unless the firearm is unloaded," or that person is in possession of a valid license to carry a concealed weapon. 34 Pa. Cons. Stat. Ann. § 2503.

Concealed Weapons Licensing Requirements

Pennsylvania is a "shall issue" state, meaning that local law enforcement must issue a concealed weapons license if the applicant meets certain qualifications. Pursuant to 18 Pa. Cons. Stat. Ann. § 6109(e), law enforcement must issue a license "if, after an investigation not to exceed 45 days, it appears that the applicant is an individual concerning whom no good cause exists to deny the license." The applicant must state a reason for seeking the license, which may include self-defense, employment, hunting, target shooting, gun collecting, or "another proper reason." Section 6109(c). A license will be denied under section 6109 if the applicant:

• Is not 21 years of age;

• Has a character and reputation indicating the applicant would be likely to act in a manner dangerous to public safety;

• Has been convicted of, or adjudicated delinquent in the past ten years for, any offense under The Controlled Substance, Drug, Device and Cosmetic Act (35 Pa. Stat. Ann. § 780-101 et seq.);

• Does not qualify to possess a firearm under 18 Pa. Cons. Stat. Ann. § 6105 or has been convicted of, or adjudicated delinquent in the past ten years for, any of the crimes which disqualify individuals from firearm possession listed in section 6105 (see also the Pennsylvania Background Checks section);

• Is not of sound mind or has ever been committed to a mental institution;

• Is addicted to or an unlawful user of marijuana or a stimulant, depressant or narcotic drug;

• Is a habitual drunkard;

• Has been charged with, or convicted of, a crime punishable by more than one year of imprisonment;

• Is an undocumented alien;

• Has been dishonorably discharged from the armed forces;

• Is a fugitive from justice;

• Is otherwise prohibited from possessing, using, manufacturing, controlling, purchasing, selling, or transferring a firearm as provided by section 6105; or

• Is prohibited from possessing or acquiring a firearm under the United States Code.

The license may be revoked by the issuing authority for "good cause," which exists where, among other things, the permittee falls into any of the prohibited categories listed above. Section 6109(i). Any person who, without a permit, carries a firearm in any vehicle or concealed on or about his or her person, other than at his or her home or business, commits a felony of the third degree. Section 6106(a)(1). If the offender is otherwise eligible for a license, however, he or she commits only a first degree misdemeanor for carrying a firearm in a vehicle or concealed on or about his or her person, other than at his or her home or business. Section 6106(a)(2). Please see the Transportation subsection above for a list of exceptions.

The fee for a license to carry a concealable firearm is $19. Section 6109(h).

Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under section 6109 and 37 Pa. Code §§ 33.114, 33.116, 33.119.

     Disclosure or Use of Information

Pennsylvania does not allow personal application or license information of concealed handgun license holders to be made public. All information provided by the license applicant, including but not limited to his or her name or identity, "shall be confidential and not subject to public disclosure." 18 Pa. Cons. Stat. Ann. § 6111(i).

In addition, under 37 Pa. Code § 33.103, information furnished by applicants or licensees on firearms record forms that is collected or maintained by the designated issuing authority or State Police is confidential and not subject to public disclosure. Certain nonpublic disclosure is permitted for specified law enforcement purposes. Section 33.103(c). Mental health records information received or maintained by the State Police is confidential and not subject to public disclosure. Section 33.103(e).

     Duration & Renewal

A license to carry a concealed weapon is valid for up to five years. 18 Pa. Cons. Stat. Ann. § 6109(f); 37 Pa. Code § 33.115(d). The $19 licensing fee includes a renewal notice processing fee of $1.50. 18 Pa. Cons. Stat. Ann. § 6109(h). Other renewal provisions can be found under section 6109. An exception exists to the requirement of a license to carry a concealed weapon for a person whose license expired within the previous six months and who is eligible for renewal. Section 6106(b)(12).

     Location Limits

Concealed weapons permit/license holders may be subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms subsections above for further information.

     Reciprocity

Section 6109(k) allows the state Attorney General to enter into agreements with other states to honor their concealed weapons permits in Pennsylvania. Section 6109(m) requires the Attorney General to annually contact any other state that does not have a reciprocity agreement with Pennsylvania to determine if:

• The state will negotiate a reciprocity agreement;

• A licensee may carry a concealed firearm in that state; or

• A licensee may apply for a license or permit to carry a firearm issued by the state.

The Attorney General shall maintain a current list of states with any of the above, and the list shall be posted on the Internet, provided to the Pennsylvania State Police and made available to the public upon request. For the current list of such states, see the Pennsylvania Office of the Attorney General web site.

Section 6106(b)(15) also provides an exception to the requirement of a license to carry a concealed weapon for any person who possesses a valid and lawfully issued license or permit to carry a firearm under the laws of another state, regardless of whether a reciprocity agreement exists under section 6109(k), if the state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109, and the Attorney General has determined that the firearm laws of the state are similar to the firearm laws of Pennsylvania.

     Brady Exemption

Concealed weapons permit holders in Pennsylvania are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

No relevant statutes currently exist.

All retail firearms dealers in Pennsylvania must be licensed by the state. 18 Pa. Cons. Stat. Ann. § 6112. Pursuant to section 6113, a license will be revoked if the licensee:

• Fails to conduct business only where designated in the license or at a lawful gun show or meet;

• Fails to display the license on the premises;

• Sells any firearm in violation of 18 Pa. Cons. Stat. Ann. § 6101 et seq;

• Sells a firearm to a purchaser without evidence of the purchaser’s identity unless the purchaser is personally known to the licensee;

• Fails to keep a record in triplicate of every firearm sold and retain the records for 20 years;

• Displays any firearm where it can be readily seen from outside the premises;

• Fails to store firearms securely when closed for business in the event of a clear and present danger to public safety as declared by the Pennsylvania State Police (PSP); or

• Fails to possess all applicable current revenue licenses.

To sell a firearm, a dealer must:

• Require the purchaser to complete a purchase application. The dealer must retain a copy of the application for at least 20 years and mail the original to the PSP within 14 days of the sale;

• Contact the state police via telephone for a background check and, if approved, record the approval number on the application; and

• If the purchaser passes the background check, deliver the firearm to the purchaser securely wrapped and unloaded.

Section 6111(a), (b); 37 Pa. Code § 33.111.

Any seller who sells a firearm in violation of any of the above requirements commits a second degree misdemeanor. 18 Pa. Cons. Stat. Ann. § 6111(g)(1). Any seller who delivers a firearm to an individual who is not eligible to possess a firearm commits a third degree felony, and the seller's license is subject to revocation for a period of three years. Section 6111(g)(2). Any seller who delivers a firearm in violation of the requirements of section 6111 and "who has reason to believe that the firearm is intended to be used in the commission of a crime or attempt to commit a crime" can be held civilly and criminally liable for the crime or attempted crime. Sections 6111(g)(5) and 6111(g)(6) (see also the Pennsylvania Immunity Statutes/Manufacturer Litigation section). Any person who knowingly and intentionally delivers a firearm to a person less than 18 years of age, where that person does not fall into an exception for possession of a firearm, commits a felony of the third degree. Section 6110.1(c). See the Pennsylvania Minimum Age to Purchase/Possess section.

A licensed dealer may not transfer a firearm unless he or she provides the transferee with a locking device, the transferee purchases a locking device, or the design of the firearm incorporates a locking device. Section 6142. This section does not apply to firearm transfers to law enforcement or licensed dealers. Id. See also the Pennsylvania Locking Devices section.

All licensed dealers must provide each purchaser a free firearms safety brochure containing a summary of state firearms regulations. Section 6125; 37 Pa. Code § 33.111(d)(5). The brochures are provided by the PSP at no cost to the dealer. Section 6125.

     Duration

Retail firearms dealer licenses are issued by law enforcement and are valid for three years. Section 6113(a). The fee for a dealer license is $30. Section 6113(b).

     Number of Federally Licensed Firearms Dealers

There are 2,588 federally licensed firearms dealers and pawnbrokers in Pennsylvania. Federal firearms licensee totals for Pennsylvania as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

For laws applicable to both licensed and private firearm sellers, please see the Pennsylvania Private/Secondary Sales section.

Pennsylvania does not specifically regulate gun shows. However, 18 Pa. Cons. Stat. Ann. § 6111(c) regulates where and how private persons may transfer handguns to unlicensed transferees.

Section 6113(a) specifies that the place of business for a retail dealer includes a lawful gun show or meet. Since section 6111(c) requires a transfer of a handgun to take place at the place of business of a licensed dealer, a private person may thus transfer a handgun to an unlicensed transferee at a gun show. However, the private seller must have a licensed importer, manufacturer, dealer or county sheriff's office perform a background check on the prospective purchaser. Section 6111(c); 37 Pa. Code § 33.111(g). The licensee must also follow all other dealer regulations specified in the Pennsylvania Dealer Regulations section before transferring the handgun. Section 6111(c); 37 Pa. Code § 33.111(g).

See also the Pennsylvania Private/Secondary Sales section for state laws that apply at gun shows.

Pursuant to 18 Pa. Cons. Stat. Ann. § 6120(a.1)(1):

No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.

Political subdivisions may, however, bring or maintain actions against firearms or ammunition manufacturers or dealers for breach of contract or warranty. Section 6120(a.1)(2).

In Philadelphia v. Beretta, 126 F. Supp. 2d 882 (E.D. Pa. 2000), aff'd Philadelphia v. Beretta, 277 F.3d 415 (3rd Cir. 2002), the City of Philadelphia and a number of civic organizations sued several gun manufacturers, alleging that the defendants' marketing and distribution schemes allowed criminals and other prohibited purchasers access to firearms, which ultimately harmed Philadelphia's residents. Liability was predicated on the defendants' alleged negligence and the creation of a public nuisance. The district court dismissed the action, holding that section 6120 "prohibits cities from bringing or maintaining suits against the gun industry." Id. at 890.

Title 35, Pa. Stat. Ann. § 4501 states that all owners of rifle or pistol ranges are exempt and immune from any civil action or criminal prosecution in any matter relating to noise or noise pollution resulting from the normal and accepted shooting activity on ranges, provided that the owners of the ranges are in compliance with any applicable noise control laws or ordinances extant at the time construction of the range was initiated. Section 4502 states that owners of such ranges are also not subject to any action for nuisance and no court shall enjoin the use or operation of the ranges on the basis of noise or noise pollution, provided that the owners of the ranges are in compliance with any applicable noise control laws or ordinances extant at the time construction of the range was initiated. If there were no noise control laws or ordinances extant at the time construction of the range was initiated, then the immunity granted by these provisions applies to the ranges.

In Pacurariu v. Pennsylvania, 744 A.2d 389 (Pa. Commw. Ct. 2000), the court held that while the Pennsylvania Game Commission need not obtain a local permit for construction of a shooting range on state game lands, the shooting range must nevertheless comply with local noise ordinances in existence when construction was initiated.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Pennsylvania does not specifically regulate junk guns or unsafe firearms. According to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), however, Pennsylvania's Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, pursuant to the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 Pa. Stat. Ann. §§ 201-3, 201-3.1. For details, view the Center's report, "Targeting Safety."

No relevant statutes currently exist.

No relevant statutes currently exist.

A licensed dealer may not transfer a firearm unless he or she provides the transferee with a locking device, the transferee purchases a locking device, or the design of the firearm incorporates a locking device. 18 Pa. Cons. Stat. Ann. § 6142. This section does not apply to firearms transfers to law enforcement or licensed dealers. Id. "Locking device" is defined as either: 1) a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device; or 2) a device that is incorporated into the design of a firearm and that is designed to prevent the operation of the firearm by anyone not having access to the device. Id.

State administrative regulations require that firearms be contained in a locked cabinet in family child day care homes (55 Pa. Code § 3290.76) and personal care homes for adults (55 Pa. Code § 2600.108).

Subject to certain exceptions, a person under the age of 18 shall not possess or transport a firearm anywhere in the Commonwealth. 18 Pa. Cons. Stat. Ann. § 6110.1(a). This prohibition does not apply to a minor who is under the supervision of a parent, grandparent, legal guardian, or an adult acting with the permission of the minor's parent or legal guardian and the minor is engaged in lawful activity, such as safety training, target shooting, or organized firearm competition. In addition, the prohibition does not apply to a minor who is lawfully hunting or trapping in accordance with the Game and Wildlife Code, 34 Pa. Cons. Stat. Ann. § 101 et seq.

Any person who knowingly and intentionally delivers or provides a firearm to a minor commits a felony of the third degree and the firearm is subject to seizure by law enforcement. 18 Pa. Cons. Stat. Ann. § 6110.1(c), (d). Section 6302 also prohibits any person from selling or leasing any deadly weapon or cartridge to any person under 18 years of age. This prohibition does not apply to hunting by minors in accordance with the Game and Wildlife Code, 34 Pa. Cons. Stat. Ann. § 101 et seq.

Federal law prohibits firearms dealers from selling or delivering handguns or ammunition for handguns to any person the dealer knows or has reasonable cause to believe is under the age of 21. 18 U.S.C. § 922(b)(1), (c)(1).

No relevant statutes currently exist.

No relevant statutes currently exist.

An unlicensed seller may only sell a handgun to an unlicensed purchaser at the place of business of a licensed importer, manufacturer, dealer or county sheriff's office. 18 Pa. Cons. Stat. Ann. § 6111(c), (f)(1), (2). The licensed importer, manufacturer, dealer or sheriff must comply with all of the dealer regulations set forth in the Pennsylvania Dealer Regulations section, including a background check on prospective purchaser. Section 6111(a), (c). These requirements do not apply to transfers between spouses, parents and children, and grandparents and grandchildren. Section 6111(c). These requirements also do not generally apply to transfers of long guns. Section 6111(f)(2).

Any person who sells a firearm in violation of any of the state firearms sales requirements commits a second degree misdemeanor. Section 6111(g)(1). Any seller who delivers a firearm to an individual who is not eligible to possess a firearm commits a third degree felony and the seller's license to sell firearms is subject to revocation for a period of three years. Section 6111(g)(2). Any seller who delivers a firearm in violation of the requirements of section 6111 and "who has reason to believe that the firearm is intended to be used in the commission of a crime or attempt to commit a crime" can be held civilly and criminally liable for said crime or attempted crime. Sections 6111(g)(5) and 6111(g)(6). See the Pennsylvania Immunity Statutes/Manufacturer Litigation section. Any person who knowingly and intentionally delivers a firearm to a person less than 18 years of age who does not fall into a limited exception to possess a firearm commits a felony of the third degree. Section 6110.1(c); see also the Pennsylvania Minimum Age to Purchase/Possess section.

No seller shall deliver a firearm to the purchaser or transferee unless the firearm is securely wrapped and unloaded. Section 6111(a). In addition, all sellers must provide a locking device for any firearm he or she delivers unless the firearm incorporates a locking device or the purchaser obtains a locking device for the firearm. Section 6142. This section does not apply to firearms transfers to law enforcement or licensed dealers. Id.

Finally, section 6302 prohibits any person from selling or leasing any deadly weapon or ammunition cartridge to any person under 18 years of age. This prohibition does not apply to hunting by minors in accordance with the Game and Wildlife Code, 34 Pa. Cons. Stat. Ann. § 101 et seq.

Firearm dealers must provide a record of the sale of handguns to the Firearms Division of the Pennsylvania State Police, which maintains a permanent database of handgun sales. 18 Pa. Cons. Stat. Ann. § 6111(b). However, this database does not constitute a registry of gun ownership, and the State Police maintains no record of long gun sales. Allegheny County Sportsmen's League v. Rendell, 860 A.2d 10, 16 (Pa. 2004).

Pursuant to 18 Pa. Cons. Stat. Ann. § 6111.4, "nothing in this chapter shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership" within Pennsylvania. Section 6111(b)(1.1)(v), relating to background checks for firearm transfers, provides that "no information on the application/record of sale provided pursuant to this subsection shall be retained as precluded by section 6111.4…by the Pennsylvania State Police." Section 6111(b)(1.1)(v) also requires the State Police to destroy any application or record of sale of a long gun within 72 hours of the background check.

In Allegheny County Sportsmen's League v. Rendell, 860 A.2d 10 (Pa. 2004), the Supreme Court of Pennsylvania interpreted sections 6111(b)(1.1)(v) and 6111.4 as permitting the Pennsylvania State Police to maintain a database of the purchasers of handguns, but not of long guns. The court reasoned that section 6111(b)(1.1)(v)’s requirement that applications and records of sale of long guns be destroyed within 72 hours of the background check does not apply to applications and records of sale of handguns. Id. at 18. Furthermore, the database maintained by the Pennsylvania State Police did not constitute a registry of firearm ownership because it only contained applications and records of sale. Id. at 22.

No relevant statutes currently exist.