A Pennsylvania weapons case depends on the specific item, the charged statute, the person's legal status, where and how the item was possessed or carried, and the prosecution's proof of knowledge and control. A label such as “weapon” does not answer those questions. Pennsylvania's prohibited-offensive-weapons law has changed, and firearm licensing and firearm-disability provisions are separate. Current statutory text and the exact complaint must therefore be reviewed before assessing exposure or defenses.
Is this your situation?
The same object can raise different legal questions depending on the charge and context. The reader should first distinguish an item-based § 908 allegation from licensing, carrying, prohibited-status, PFA, probation, school, or companion-offense issues.
- Police found a firearm or other item during a vehicle, home, or personal search.
- The complaint alleges possession of a prohibited offensive weapon under 18 Pa.C.S. § 908.
- A firearm charge is based on licensing, location, age, prior record, a protection order, or another alleged disability.
- The item belonged to another person or was located in a shared space.
- A weapons count was filed with assault, drug, PFA, probation, or other charges.
Immediate risks
Weapons cases can create restrictions before guilt is decided. The written bail or protection order, firearm-surrender instructions, and search or seizure record should be followed and preserved while counsel verifies the applicable state and federal rules.
- Weapons charges can carry serious grading and can affect future possession rights even when no injury is alleged.
- The item and related property may remain seized while the criminal case proceeds.
- A PFA, bail condition, probation term, or federal restriction may create separate obligations.
- Statements about ownership, purpose, transport, or access may be used to establish knowledge or control.
- Online summaries frequently combine outdated § 908 language with separate firearm statutes and should not be relied upon.
What happens next?
The analysis begins with classification and legal status, then turns to knowledge, control, search authority, exceptions, and admissible proof. Property return and restoration should be treated as separate questions rather than assumed results of the criminal disposition.
- 1
Classify the item and charge
Counsel identifies the actual item, statute, subsection, grading, and whether the allegation concerns an offensive weapon, unlawful carrying, prohibited status, or another theory.
- 2
Review possession and search facts
The analysis considers knowledge, control, ownership, shared access, statements, search authority, and the physical location of the item.
- 3
Preliminary proceedings
The Commonwealth must present evidence supporting the charged elements, while bail and any no-contact or surrender conditions remain in effect.
- 4
Records, exceptions, and motions
Counsel reviews licensing and disability records, applicable statutory defenses or exceptions, forensic evidence, and any basis to suppress or limit evidence.
- 5
Resolution and rights consequences
Trial or negotiated options are assessed together with possible firearm, employment, licensing, and property-return consequences. Restoration is a separate legal process and is not automatic.
How counsel helps
Representation requires current statutory research because older web copy may list items or disabilities that have changed. Counsel should identify the exact legal theory and resist broad statements that all knives, guns, permits, or vehicles are treated alike.
- Match the seized item and alleged conduct to the current statutory language instead of an outdated category or label.
- Analyze knowledge, constructive possession, shared access, lawful purpose, and any applicable exception or defense.
- Challenge an unlawful stop, search, seizure, warrant, or custodial statement where supported.
- Verify licensing, prior-record, PFA, and disability information across the relevant state and federal frameworks.
- Advise separately on the criminal case, property return, and any potential restoration or pardon process.
Detailed Lehigh Valley Guidance
The overview above addresses immediate decisions. The sections below provide additional local and topic-specific detail.
Weapons Charges Defense Attorneys in Easton Pennsylvania, Serving Lehigh & Northampton County
Our Weapons Charges Defense Attorneys Represent Defendants in Allentown, Bethlehem & Easton and throughout the Greater Lehigh Valley
Our Firearm & Weapons Charges Attorneys have represented numerous individuals charged with Firearm Violations, Prohibited Offensive Weapons & other Weapons Charges in Easton, Allentown, Bethlehem & the Greater Lehigh Valley. We have successfully had Lehigh & Northampton County Prohibited Offensive Weapons Charges and Gun Charges downgraded or outright dismissed.
In Pennsylvania, Possession of a prohibited offensive weapon, POW, is a 1st degree misdemeanor and can carry a sentence of up to five years of imprisonment. The law regarding prohibited offensive weapons is a somewhat counter-intuitive statute. Unaltered firearms never fall within the definition of a POW and, surprisingly, are legal to carry, even without a permit or license in many situations. But less dangerous weapons such as brass knuckles and blackjacks are often illegal to carry.
Case law has developed that categorizes different weapons under the statute. Non weapons, such as baseball bats do not fall under the POW statute. Nunchuks and many other weapons used in martial arts are not prohibited under the statute while sword canes and other such items are. Since January 2023, § 908 no longer lists automatic knives or daggers. A knife-related charge must rest on the remaining catch-all language (an implement for inflicting serious bodily injury that serves no common lawful purpose) or on another statute, and location-specific restrictions may still apply.
Yet many other weapons remain unclassified by case law and are the subject of litigation. As your Weapon Charge Defense Attorneys, we will research the law to determine if the item in question falls under an established exemption. If there is no establish exemption, perhaps we can create one.
While many criminal defense strategies revolve around people and credibility, Weapons Charges are unique. Weapons charges are highly technical cases and are often charge incorrectly by the Police and District Attorney. We have had Prohibited Offensive Weapons cases dismissed because the item in question, a spring assisted knife, does not fit the technical definition of a Prohibited Offensive Weapon. We have had other Prohibited Offensive Weapons case, involving machetes dismissed because machetes are simply not illegal to carry. We have cases involving the destruction of serial numbers on a firearm dismissed because our research revealed the firearm to be produced prior to the requirement that firearms contain serial numbers. Conversely, we have has possession of stolen firearm case dismissed because did, indeed, contain a serial number.
Our Criminal Defense Attorneys in Easton, Pennsylvania are familiar with all matters of weapons. We are here to help. Call now if you, or a loved one, are facing Gun or Weapons Charges.
Our Approach to Defending Weapons Charges in the Lehigh Valley
Early Intervention & Aggressive Weapons Charges Defense
Early Retention of a Lehigh Valley Criminal Defense Attorney Can Be an Important Step in Defending Criminal Charges in Easton, Allentown & Bethlehem
When at all possible we want to be involved in a Lehigh or Northampton County Weapons case as early as possible.
While many criminal defense strategies revolve around people and credibility, Weapons Charges are unique. Weapons charges are highly technical cases and are often charge incorrectly by the Police and District Attorney. While in most cases, we will start by interviewing witnesses, in Weapons Cases we begin with research regarding the specific weapon in question and we then move on the research the fine details of the law.
early contact may provide more time to preserve evidence and prepare. When at all possible, we prefer to be involved in a Weapons Charge case, prior to the Preliminary Hearing in order to maximize our ability to defend against the Firearm or Weapons charges.
Weapons Charges Law in Easton, Pennsylvania
Below you can find the Pennsylvania Weapons Charges Statutes
Prohibited offensive weapons - 18 Pa. Cons. Stat. § 908
Current statutory text checked September 27, 2026 against the official text at palegis.us.
first degree if, except as authorized by law, he makes repairs,
sells, or otherwise deals in, uses, or possesses any offensive
weapon.
(b) Exceptions.--
(1) It is a defense under this section for the defendant
to prove by a preponderance of evidence that he possessed
or dealt with the weapon solely as a curio or in a dramatic
performance, or that, with the exception of a bomb, grenade
or incendiary device, he complied with the National Firearms
Act (26 U.S.C. § 5801 et seq.), or that he possessed it
briefly in consequence of having found it or taken it from
an aggressor, or under circumstances similarly negativing
any intent or likelihood that the weapon would be used
unlawfully.
(2) This section does not apply to police forensic
firearms experts or police forensic firearms laboratories.
Also exempt from this section are forensic firearms experts
or forensic firearms laboratories operating in the ordinary
course of business and engaged in lawful operation who notify
in writing, on an annual basis, the chief or head of any
police force or police department of a city, and, elsewhere,
the sheriff of a county in which they are located, of the
possession, type and use of offensive weapons.
(3) This section shall not apply to any person who
makes, repairs, sells or otherwise deals in, uses or
possesses any firearm for purposes not prohibited by the
laws of this Commonwealth.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Firearm." Any weapon which is designed to or may readily
be converted to expel any projectile by the action of an
explosive or the frame or receiver of any such weapon.
"Offensive weapons." Any bomb, grenade, machine gun,
sawed-off shotgun with a barrel less than 18 inches, firearm
specially made or specially adapted for concealment or silent
discharge, any blackjack, sandbag, metal knuckles, any stun
gun, stun baton, taser or other electronic or electric weapon
or other implement for the infliction of serious bodily injury
which serves no common lawful purpose.
(d) Exemptions.--The use and possession of blackjacks by
the following persons in the course of their duties are exempt
from this section:
(1) Police officers, as defined by and who meet the
requirements of the act of June 18, 1974 (P.L.359, No.120),
referred to as the Municipal Police Education and Training
Law.
(2) Police officers of first class cities who have
successfully completed training which is substantially
equivalent to the program under the Municipal Police
Education and Training Law.
(3) Pennsylvania State Police officers.
(4) Sheriffs and deputy sheriffs of the various counties
who have satisfactorily met the requirements of the Municipal
Police Education and Training Law.
(5) Police officers employed by the Commonwealth who
have satisfactorily met the requirements of the Municipal
Police Education and Training Law.
(6) Deputy sheriffs with adequate training as determined
by the Pennsylvania Commission on Crime and Delinquency.
(7) Liquor Control Board agents who have satisfactorily
met the requirements of the Municipal Police Education and
Training Law.
Firearms Offenses - 18 Pa. Cons. Stat. § 6105
Current statutory text checked September 27, 2026 against the official text at palegis.us.
A § 6105(a) violation is a first-degree felony when the person has a felony conviction enumerated in § 6105(b) or a felony drug conviction (including an equivalent federal or out-of-state offense) and either has a prior § 6105(a) conviction or was in physical possession or control of a firearm at the time. 18 Pa.C.S. § 6105(a.1)(1.1).
sell or transfer firearms.
(a) Offense defined.--
(1) A person who has been convicted of an offense
enumerated in subsection (b), within or without this
Commonwealth, regardless of the length of sentence or whose
conduct meets the criteria in subsection (c) shall not
possess, use, control, sell, transfer or manufacture or
obtain a license to possess, use, control, sell, transfer
or manufacture a firearm in this Commonwealth.
(2) (i) Except as otherwise provided in this paragraph,
a person who is prohibited from possessing, using,
controlling, selling, transferring or manufacturing a
firearm under paragraph (1) or subsection (b) or (c)
shall have a reasonable period of time, not to exceed
60 days from the date of the imposition of the disability
under this subsection, in which to sell or transfer that
person's firearms to another eligible person who is not
a member of the prohibited person's household.
(ii) This paragraph shall not apply to any person
whose disability is imposed pursuant to subsection
(c)(6).
(iii) A person whose disability is imposed pursuant
to subsection (c)(9) shall relinquish any firearms and
firearm licenses under that person's possession or
control, as described in section 6105.2 (relating to
relinquishment of firearms and firearm licenses by
convicted persons).
(iv) A person whose disability is imposed pursuant
to a protection from abuse order shall relinquish any
firearms, other weapons, ammunition and firearm licenses
under that person's possession or control, as described
in 23 Pa.C.S. § 6108(a)(7) (relating to relief).
(a.1) Penalty.--
(1) Except as provided under paragraph (1.1), a person
convicted of a felony enumerated under subsection (b) or a
felony under the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and Cosmetic
Act, or any equivalent Federal statute or equivalent statute
of any other state, who violates subsection (a) commits a
felony of the second degree.
(1.1) The following shall apply:
(i) A person convicted of a felony enumerated under
subsection (b) or a felony under The Controlled
Substance, Drug, Device and Cosmetic Act, or any
equivalent Federal statute or equivalent statute of any
other state, who violates subsection (a) commits a felony
of the first degree if:
(A) at the time of the commission of a violation
of subsection (a), the person has previously been
convicted of an offense under subsection (a); or
(B) at the time of the commission of a violation
of subsection (a), the person was in physical
possession or control of a firearm, whether visible,
concealed about the person or within the person's
reach.
(ii) The Pennsylvania Commission on Sentencing,
under 42 Pa.C.S. § 2154 (relating to adoption of
guidelines for sentencing), shall provide for a
sentencing enhancement for a sentence imposed pursuant
to this paragraph.
(2) A person who is the subject of an active final
protection from abuse order issued pursuant to 23 Pa.C.S. §
6108, is the subject of any other active protection from
abuse order issued pursuant to 23 Pa.C.S. § 6107(b) (relating
to hearings), which provided for the relinquishment of
firearms or other weapons or ammunition during the period
of time the order is in effect, or is otherwise prohibited
from possessing or acquiring a firearm under 18 U.S.C. §
922(g)(8) (relating to unlawful acts), commits a misdemeanor
of the second degree if he intentionally or knowingly fails
to relinquish a firearm or other weapon or ammunition to the
sheriff or appropriate law enforcement agency as defined in
23 Pa.C.S. § 6102 (relating to definitions) as required by
the order unless, in lieu of relinquishment, he provides an
affidavit which lists the firearms or other weapons or
ammunition to the sheriff in accordance with 23 Pa.C.S. §
6108(a)(7)(i)(B), 6108.2 (relating to relinquishment for
consignment sale, lawful transfer or safekeeping) or 6108.3
(relating to relinquishment to third party for safekeeping).
(3) (i) A person commits a misdemeanor of the third
degree if he intentionally or knowingly accepts
possession of a firearm, other weapon or ammunition from
another person he knows is the subject of an active final
protection from abuse order issued pursuant to 23 Pa.C.S.
§ 6108 or an active protection from abuse order issued
pursuant to 23 Pa.C.S. § 6107(b), which order provided
for the relinquishment of the firearm, other weapon or
ammunition during the period of time the order is in
effect.
(ii) This paragraph shall not apply to:
(A) a third party who accepts possession of a
firearm, other weapon or ammunition relinquished
pursuant to 23 Pa.C.S. § 6108.3; or
(B) a dealer licensed pursuant to section 6113
(relating to licensing of dealers) or subsequent
purchaser from a dealer licensed pursuant to section
6113, who accepts possession of a firearm, other
weapon or ammunition relinquished pursuant to 23
Pa.C.S. § 6108.2.
(4) It shall be an affirmative defense to any
prosecution under paragraph (3) that the person accepting
possession of a firearm, other weapon or ammunition in
violation of paragraph (3):
(i) notified the sheriff as soon as practicable
that he has taken possession; and
(ii) relinquished possession of any firearm, other
weapon or ammunition possessed in violation of paragraph
(3) as directed by the sheriff.
(5) A person who has accepted possession of a firearm,
other weapon or ammunition pursuant to 23 Pa.C.S. § 6108.3
commits a misdemeanor of the first degree if he intentionally
or knowingly returns a firearm, other weapon or ammunition
to a defendant or intentionally or knowingly allows a
defendant to have access to the firearm, other weapon or
ammunition prior to either of the following:
(i) The sheriff accepts return of the safekeeping
permit issued to the party pursuant to 23 Pa.C.S. §
6108.3(d)(1)(i).
(ii) The issuance of a court order pursuant to
subsection (f)(2) or 23 Pa.C.S. § 6108.1(b) (relating
to return of relinquished firearms, other weapons and
ammunition and additional relief) which modifies a valid protection from abuse order issued pursuant to 23 Pa.C.S.
§ 6108, which order provided for the relinquishment of
the firearm, other weapon or ammunition by allowing the
defendant to take possession of the firearm, other weapon
or ammunition that had previously been ordered
relinquished.
(b) Enumerated offenses.--The following offenses shall apply
to subsection (a):
Section 908 (relating to prohibited offensive weapons).
Section 911 (relating to corrupt organizations).
Section 912 (relating to possession of weapon on school
property).
Section 2502 (relating to murder).
Section 2503 (relating to voluntary manslaughter).
Section 2504 (relating to involuntary manslaughter) if
the offense is based on the reckless use of a firearm.
Section 2702 (relating to aggravated assault).
Section 2703 (relating to assault by prisoner).
Section 2704 (relating to assault by life prisoner).
Section 2709.1 (relating to stalking).
Section 2716 (relating to weapons of mass destruction).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 2910 (relating to luring a child into a motor
vehicle or structure).
Section 3121 (relating to rape).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3125 (relating to aggravated indecent assault).
Section 3301 (relating to arson and related offenses).
Section 3302 (relating to causing or risking
catastrophe).
Section 3502 (relating to burglary).
Section 3503 (relating to criminal trespass) if the
offense is graded a felony of the second degree or higher.
Section 3701 (relating to robbery).
Section 3702 (relating to robbery of motor vehicle).
Section 3921 (relating to theft by unlawful taking or
disposition) upon conviction of the second felony offense.
Section 3923 (relating to theft by extortion) when the
offense is accompanied by threats of violence.
Section 3925 (relating to receiving stolen property)
upon conviction of the second felony offense.
Section 4906 (relating to false reports to law
enforcement authorities) if the fictitious report involved
the theft of a firearm as provided in section 4906(c)(2).
Section 4912 (relating to impersonating a public servant)
if the person is impersonating a law enforcement officer.
Section 4952 (relating to intimidation of witnesses or
victims).
Section 4953 (relating to retaliation against witness,
victim or party).
Section 5121 (relating to escape).
Section 5122 (relating to weapons or implements for
escape).
Section 5501(3) (relating to riot).
Section 5515 (relating to prohibiting of paramilitary
training).
Section 5516 (relating to facsimile weapons of mass
destruction).
Section 6110.1 (relating to possession of firearm by
minor).
Section 6301 (relating to corruption of minors).
Section 6302 (relating to sale or lease of weapons and
explosives).
Any offense equivalent to any of the above-enumerated
offenses under the prior laws of this Commonwealth or any
offense equivalent to any of the above-enumerated offenses
under the statutes of any other state or of the United
States.
(c) Other persons.--In addition to any person who has been
convicted of any offense listed under subsection (b), the
following persons shall be subject to the prohibition of
subsection (a):
(1) A person who is a fugitive from justice. This
paragraph does not apply to an individual whose fugitive
status is based upon a nonmoving or moving summary offense
under Title 75 (relating to vehicles).
(2) A person who has been convicted of an offense under
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or any
equivalent Federal statute or equivalent statute of any other
state, that may be punishable by a term of imprisonment
exceeding two years.
(3) A person who has been convicted of driving under
the influence of alcohol or controlled substance as provided
in 75 Pa.C.S. § 3802 (relating to driving under influence
of alcohol or controlled substance) or the former 75 Pa.C.S.
§ 3731, on three or more separate occasions within a
five-year period. For the purposes of this paragraph only,
the prohibition of subsection (a) shall only apply to
transfers or purchases of firearms after the third
conviction.
(4) A person who has been adjudicated as an incompetent
or who has been involuntarily committed to a mental
institution for inpatient care and treatment under section
302, 303 or 304 of the provisions of the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures
Act. This paragraph shall not apply to any proceeding under
section 302 of the Mental Health Procedures Act unless the
examining physician has issued a certification that inpatient
care was necessary or that the person was committable.
(5) A person who, being an alien, is illegally or
unlawfully in the United States.
(6) A person who is the subject of an active final
protection from abuse order issued pursuant to 23 Pa.C.S. §
6108, is the subject of any other active protection from
abuse order issued pursuant to 23 Pa.C.S. § 6107(b), which
provided for the relinquishment of firearms during the period
of time the order is in effect or is otherwise prohibited
from possessing or acquiring a firearm under 18 U.S.C. §
922(g)(8). This prohibition shall terminate upon the
expiration or vacation of the order or portion thereof
relating to the relinquishment of firearms.
(7) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or
under any equivalent Federal statute or statute of any other
state as a result of conduct which if committed by an adult
would constitute an offense under sections 2502, 2503, 2702,
2703 (relating to assault by prisoner), 2704, 2901, 3121,
3123, 3301, 3502, 3701 and 3923.
(8) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal
statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense
enumerated in subsection (b) with the exception of those
crimes set forth in paragraph (7). This prohibition shall
terminate 15 years after the last applicable delinquent
adjudication or upon the person reaching the age of 30,
whichever is earlier.
(9) A person who is prohibited from possessing or
acquiring a firearm under 18 U.S.C. § 922(g)(9). If the
offense which resulted in the prohibition under 18 U.S.C. §
922(g)(9) was committed, as provided in 18 U.S.C. §
921(a)(33)(A)(ii) (relating to definitions), by a person in
any of the following relationships:
(i) the current or former spouse, parent or guardian
of the victim;
(ii) a person with whom the victim shares a child
in common;
(iii) a person who cohabits with or has cohabited
with the victim as a spouse, parent or guardian; or
(iv) a person similarly situated to a spouse, parent
or guardian of the victim;
then the relationship need not be an element of the offense
to meet the requirements of this paragraph.
(10) A person who has been convicted of an offense under
subsection (a.1)(2). The prohibition shall terminate five
years after the date of conviction, final release from
confinement or final release from supervision, whichever is
later.
(d) Exemption.--A person who has been convicted of a crime
specified in subsection (a) or (b) or a person whose conduct
meets the criteria in subsection (c)(1), (2), (5), (7) or (9)
may make application to the court of common pleas of the county
where the principal residence of the applicant is situated for
relief from the disability imposed by this section upon the
possession, transfer or control of a firearm. The court shall
grant such relief if it determines that any of the following
apply:
(1) The conviction has been vacated under circumstances
where all appeals have been exhausted or where the right to
appeal has expired.
(2) The conviction has been the subject of a full pardon
by the Governor.
(3) Each of the following conditions is met:
(i) The Secretary of the Treasury of the United
States has relieved the applicant of an applicable
disability imposed by Federal law upon the possession,
ownership or control of a firearm as a result of the
applicant's prior conviction, except that the court may
waive this condition if the court determines that the
Congress of the United States has not appropriated
sufficient funds to enable the Secretary of the Treasury
to grant relief to applicants eligible for the relief.
(ii) A period of ten years, not including any time
spent in incarceration, has elapsed since the most recent
conviction of the applicant of a crime enumerated in
subsection (b), a felony violation of The Controlled
Substance, Drug, Device and Cosmetic Act or the offense
which resulted in the prohibition under 18 U.S.C. §
922(g)(9).
(d.1) Concurrent jurisdiction to prosecute.--The following
apply in a city of the first class where the Attorney General
has operated a joint local-State firearm task force:
(1) In addition to the authority conferred upon the
Attorney General by the act of October 15, 1980 (P.L.950,
No.164), known as the Commonwealth Attorneys Act, the
Attorney General shall have the authority to investigate and
institute criminal proceedings for a violation of this
section.
(2) No person charged with a violation of this section
by the Attorney General shall have standing to challenge the
authority of the Attorney General to prosecute the case,
and, if any such challenge is made, the challenge shall be
dismissed and no relief shall be available in the courts of
this Commonwealth to the person making the challenge.
(3) This subsection shall not apply to any case
instituted two years after the effective date of this
subsection.
(e) Proceedings.--
(1) If a person convicted of an offense under subsection
(a), (b) or (c)(1), (2), (5), (7) or (9) makes application
to the court, a hearing shall be held in open court to
determine whether the requirements of this section have been
met. The commissioner and the district attorney of the county
where the application is filed and any victim or survivor
of a victim of the offense upon which the disability is based
may be parties to the proceeding.
(2) Upon application to the court of common pleas
pursuant to paragraph (1) by an applicant who is subject to
the prohibition under subsection (c)(3), the court shall
grant such relief if a period of ten years, not including
any time spent in incarceration, has passed since the
applicant's most recent conviction under subsection (c)(3).
(f) Other exemptions and proceedings.--
(1) Upon application to the court of common pleas under
this subsection by an applicant subject to the prohibitions
under subsection (c)(4), the court may grant such relief as
it deems appropriate if the court determines that the
applicant may possess a firearm without risk to the applicant
or any other person.
(2) If application is made under this subsection for
relief from the disability imposed under subsection (c)(6),
notice of such application shall be given to the person who
had petitioned for the protection from abuse order, and such
person shall be a party to the proceedings. Notice of any
court order or amendment to a court order restoring firearms
possession or control shall be given to the person who had
petitioned for the protection from abuse order, to the
sheriff and to the Pennsylvania State Police. The application
and any proceedings on the application shall comply with 23
Pa.C.S. Ch. 61 (relating to protection from abuse).
(3) All hearings conducted under this subsection shall
be closed unless otherwise requested to be open by the
applicant.
(4) (i) The owner of any seized or confiscated firearms
or of any firearms ordered relinquished under 23 Pa.C.S.
§ 6108 shall be provided with a signed and dated written
receipt by the appropriate law enforcement agency. This
receipt shall include, but not limited to, a detailed
identifying description indicating the serial number and
condition of the firearm. In addition, the appropriate
law enforcement agency shall be liable to the lawful
owner of said confiscated, seized or relinquished firearm
for any loss, damage or substantial decrease in value
of said firearm that is a direct result of a lack of reasonable care by the appropriate law enforcement
agency.
(ii) Firearms shall not be engraved or permanently
marked in any manner, including, but not limited to,
engraving of evidence or other identification numbers.
Unless reasonable suspicion exists to believe that a
particular firearm has been used in the commission of a
crime, no firearm shall be test fired. Any reduction in
the value of a firearm due to test firing, engraving or
permanently marking in violation of this paragraph shall
be considered damage, and the law enforcement agency
shall be liable to the lawful owner of the firearm for
the reduction in value caused by the test firing,
engraving or permanently marking.
(iii) For purposes of this paragraph, the term
"firearm" shall include any scope, sight, bipod, sling,
light, magazine, clip, ammunition or other firearm
accessory attached to or seized, confiscated or
relinquished with a firearm.
(g) Other restrictions.--Nothing in this section shall
exempt a person from a disability in relation to the possession
or control of a firearm which is imposed as a condition of
probation or parole or which is imposed pursuant to the
provision of any law other than this section.
(h) License prohibition.--Any person who is prohibited from
possessing, using, controlling, selling, purchasing,
transferring or manufacturing any firearm under this section
shall not be eligible for or permitted to obtain a license to
carry a firearm under section 6109 (relating to licenses).
(i) Firearm.--As used in this section only, the term
"firearm" shall include any weapons which are designed to or
may readily be converted to expel any projectile by the action
of an explosive or the frame or receiver of any such weapon.
(j) Copy of order to State Police.--If the court grants
relief from the disabilities imposed under this section, a copy
of the order shall be sent by the prothonotary within ten days
of the entry of the order to the Pennsylvania State Police and
shall include the name, date of birth and Social Security number
of the individual.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Nov. 22, 1995, P.L.621, No.66, eff. imd.; Apr. 22, 1997, P.L.73,
No.5, eff. 60 days; June 18, 1998, P.L.503, No.70, eff. imd.;
Dec. 3, 1998, P.L.933, No.121, eff. imd.; Dec. 15, 1999,
P.L.915, No.59, eff. 60 days; June 28, 2002, P.L.481, No.82,
eff. 60 days; Dec. 9, 2002, P.L.1759, No.218, eff. 60 days;
Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Nov. 10,
2005, P.L.335, No.66, eff. 180 days; Oct. 17, 2008, P.L.1628,
No.131, eff. 60 days; Nov. 3, 2016, P.L.1052, No.134, eff. 60
days; Oct. 12, 2018, P.L.519, No.79, eff. 180 days; July 2,
2019, P.L.375, No.58, eff. 60 days)
Criminal Court Process in Lehigh and Northampton Counties
A brief explanation of criminal-court hearings in Lehigh and Northampton Counties
Filing of Charges
Preliminary Arraignment
Preliminary Hearing
Formal Arraignment
Pre-Trial Motions & Hearings
Criminal Trial
Frequently asked questions
Are automatic knives prohibited offensive weapons in Pennsylvania?
Pennsylvania removed automatic knives from the § 908 definition in a law effective in 2023. That does not make every possession or use lawful in every location or circumstance. Other criminal, school, court, local, or status-based restrictions may still apply.
Can I be charged when the weapon belonged to someone else?
Yes, but ownership and possession are not identical. The Commonwealth may rely on actual or constructive possession, which requires evidence of knowing control. Shared location alone does not resolve that issue.
Does a firearm permit answer every carrying question?
No. The analysis can depend on the type of carrying, location, vehicle, person's status, license validity, and any applicable exception. The specific charge and current statute should be reviewed.
Can a PFA affect firearm possession?
Yes. Temporary and final protection orders can include firearm-related terms, and state and federal consequences may differ. The written order controls and must be followed unless modified by the court.
Are firearm rights restored when a criminal case ends?
Not necessarily. Dismissal, expungement, pardon, state restoration, federal restrictions, and return of seized property are distinct issues. Counsel should identify which process, if any, applies.
Important: This page provides general information, not legal advice. Deadlines, procedures, eligibility, and potential outcomes depend on the specific facts and current law. No attorney-client relationship is formed by viewing this page.