What Charges Prevent You From Buying A Gun In Pa?

Gun laws in Pennsylvania are governed by a complex web of federal, state, and local laws. This guide provides an overview of the most important gun laws in Pennsylvania, including who is prohibited from buying a gun, what charges can prevent you from buying a gun, and how gun laws interact with each other.

Federal Gun Laws

The Gun Control Act of 1968 is the federal law that governs the sale, possession, and use of firearms in the United States. The law establishes a number of requirements for gun ownership, including:

• A background check is required for all gun purchases from a licensed dealer.
• Certain people are prohibited from owning guns, including felons, domestic abusers, and people with mental illness.
• Guns must be registered with the federal government.
• Certain types of guns, such as machine guns and short-barreled shotguns, are banned.

The penalties for violating federal gun laws can be severe. For example, a person who knowingly sells a gun to a prohibited person can be sentenced to up to 10 years in prison and fined up to $250,000.

State Gun Laws

In addition to federal gun laws, Pennsylvania also has its own set of gun laws. These laws are more stringent than federal laws in some areas, such as the prohibition on assault weapons.

The most important state gun laws in Pennsylvania include:

• A person must be at least 18 years old to purchase a long gun and 21 years old to purchase a handgun.
• A person must have a valid Pennsylvania driver’s license or ID card to purchase a gun.
• A person must pass a background check to purchase a gun.
• A person cannot purchase a gun if they have been convicted of a felony, domestic violence, or a drug-related crime.
• A person cannot purchase a gun if they have been adjudicated mentally ill or have been committed to a mental institution.
• A person cannot purchase a gun if they are under a restraining order.
• A person cannot purchase a gun if they have a history of drug or alcohol abuse.

The penalties for violating state gun laws can be severe. For example, a person who knowingly sells a gun to a prohibited person can be sentenced to up to 5 years in prison and fined up to $15,000.

How Federal and State Gun Laws Interact

Federal gun laws preempt state gun laws in some areas. This means that federal law takes precedence over state law. For example, the federal law that prohibits felons from owning guns preempts any state law that allows felons to own guns.

In other areas, federal and state gun laws can overlap. This means that a person can be charged with violating both federal and state gun laws for the same offense. For example, a person who sells a gun to a prohibited person can be charged with violating both federal and state law.

The gun laws in Pennsylvania are complex and can be confusing. This guide provides an overview of the most important gun laws in Pennsylvania, but it is not a substitute for legal advice. If you have any questions about gun laws in Pennsylvania, you should consult with an attorney.

Which Charges Prevent You From Buying A Gun In Pa?

There are a number of charges that can prevent you from buying a gun in Pennsylvania. These charges include:

• Felony convictions. A person who has been convicted of a felony is prohibited from owning a gun in Pennsylvania. This includes felonies that are punishable by imprisonment for a term of more than one year.
• Domestic violence convictions. A person who has been convicted of a domestic violence misdemeanor is prohibited from owning a gun in Pennsylvania. This includes misdemeanors that are punishable by imprisonment for a term of more than 90 days.
• Dishonorable discharge from the military. A person who has been dishonorably discharged from the military is prohibited from owning a gun in Pennsylvania.
• Adjudicated mental illness. A person who has been adjudicated mentally ill is prohibited from owning a gun in Pennsylvania. This includes people who have been involuntarily committed to a mental institution or who have been found to be incompetent to stand trial.
• Drug or alcohol abuse. A person who has a history of drug or alcohol abuse is prohibited from owning a gun in Pennsylvania. This includes people who have been convicted of a drug or alcohol-related crime or who have been admitted to a drug or alcohol treatment program.

If you have any of these charges on your record, you will not be able to buy a gun in Pennsylvania. Even if you have been pardoned for your conviction, you will still be prohibited from owning a gun.

The charges that prevent you from buying a gun in Pennsylvania are serious

3. Local Gun Laws

Pennsylvania’s gun laws are governed by both state and federal law. In addition, some local governments have their own gun laws. This section will discuss the local gun laws that apply in Pennsylvania.

• Philadelphia

Philadelphia has some of the strictest gun laws in the country. The city bans the possession of assault weapons, large-capacity magazines, and certain types of ammunition. It also requires gun owners to obtain a license and to register their firearms.

• Pittsburgh

Pittsburgh’s gun laws are similar to those of Philadelphia. The city bans the possession of assault weapons, large-capacity magazines, and certain types of ammunition. It also requires gun owners to obtain a license and to register their firearms.

• Other Cities

Other cities in Pennsylvania have their own gun laws, but they are generally less strict than the laws in Philadelphia and Pittsburgh. These cities may ban the possession of certain types of firearms or ammunition, or they may require gun owners to obtain a license.

What are the penalties for violating local gun laws?

The penalties for violating local gun laws vary from city to city. In Philadelphia, for example, violating the city’s gun laws is a misdemeanor. A conviction can result in up to 5 years in prison and a $10,000 fine.

How do local gun laws interact with state and federal gun laws?

Local gun laws must be consistent with state and federal law. This means that local governments cannot enact laws that are more restrictive than state or federal law. However, local governments can enact laws that are less restrictive than state or federal law.

Pennsylvania’s gun laws are complex and ever-changing. It is important to stay informed of the latest laws in your area. If you have any questions about Pennsylvania’s gun laws, you should contact a qualified attorney.

4. Criminal History

Pennsylvania law prohibits people from possessing a firearm if they have been convicted of certain crimes. These crimes include:

• Violent crimes, such as murder, manslaughter, assault, and robbery
• Drug crimes, such as drug possession, distribution, and trafficking
• Weapons crimes, such as carrying a concealed weapon, discharging a firearm in public, and making a false statement on a firearms purchase form
• Domestic violence crimes, such as assault, stalking, and harassment
• Other crimes, such as burglary, arson, and kidnapping

The length of time that a person is prohibited from possessing a firearm depends on the crime. For example, a person convicted of a violent crime is prohibited from possessing a firearm for life. A person convicted of a drug crime is prohibited from possessing a firearm for 10 years. A person convicted of a weapons crime is prohibited from possessing a firearm for 5 years. A person convicted of a domestic violence crime is prohibited from possessing a firearm for 5 years.

There are some exceptions to these restrictions. For example, a person who has been convicted of a crime may be able to obtain a firearm permit if they can show that they have a legitimate need for a firearm.

If you have been convicted of a crime, you should consult with an attorney to learn more about the restrictions on your right to possess a firearm.

Are there any exceptions to these restrictions?

Yes, there are some exceptions to the restrictions on gun possession for people with criminal records. These exceptions include:

• Convictions that have been expunged or sealed. If your conviction has been expunged or sealed, you may be able to possess a firearm. However, you should consult with an attorney to make sure.
• Convictions for certain nonviolent crimes. If you were convicted of a nonviolent crime, you may be able to possess a firearm. However, you may need to obtain a firearm permit.
• Convictions for crimes that occurred when you were a juvenile. If you were convicted of a crime when you were a juvenile, you may be able to possess a firearm. However, you may need to obtain a firearm permit.

If you have any questions about the exceptions to the restrictions on gun possession for people with criminal records, you should consult with an attorney.