Persons Ineligible From Obtaining A Pennsylvania License to Carry Firearms

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If you meet any of the following criteria set forth in §6105(b) or (c) (relating to Persons not to possess, use, manufacture, control, sell or transfer firearms) or in §6109(e)(1) (relating to Licenses) of the Uniform Firearms Act OR in §922(g) or (n) (relating to Unlawful acts) of the National Firearms Act, you are ineligible to possess or obtain a Pennsylvania License to Carry Firearms. Questions relating to the following criteria are listed on the application for a PA License to Carry Firearms. Any falsification of information on an application for a License may result in arrest and prosecution for 18 Pa. CS §4904 (relating to Unsworn falsification to authorities). If you have any questions regarding these criteria, call the Snyder County Sheriff's Office at 570-837-3311. You may also visit the US Bureau of Alcohol, Tobacco, Firearms and Explosives' website for frequently asked questions about the National Firearms Act.

 

§6109(e)(1):

1. Your character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.

2. You have been convicted of a drug/controlled substance related offense under the "Controlled Substance, Drug, Device and Cosmetic Act".
   NOTE: All drug related-related convictions will prohibit you from obtaining a License.

3. You have been convicted of a crime mentioned in §6105(b) and (c) .

4. You, as a juvenile, within the past 10 years, were adjudicated delinquent for any crime mentioned in §6105(b) and (c); or for a drug/controlled substance related offense under the "Controlled Substance, Drug, Device and Cosmetic Act".

5. You are not of sound mind or you have ever been committed to a mental institution.

6. You are addicted to or are an unlawful user of marijuana or a stimulant, depressant, or narcotic drug.

7. You are an habitual drunkard.

8. You are charged with or have been convicted of a crime punishable by imprisonment for a term exceeding one year except as provided for in §6123 (relating to Waiver of disability or pardons) of the Uniform Firearms Act.
   NOTE: This refers to the maximum sentence you could have received, not the actual sentence you did receive.

9. You are a resident of another state who does not possess a current license or permit or similar document to carry a firearm issued by that state if a license is provided for by the laws of that state, as published annually in the Federal Register by the Bureau of Alcohol, Tobacco, Firearms, and Explosives under 18 U.S.C. §921(a)(19) (relating to Definitions).

10. You are an alien who is illegally in the United States.

11. You have been discharged from the armed forces of the United States under dishonorable conditions.

12. You are a fugitive from justice.

13. You are otherwise prohibited from possessing, using, manufacturing, controlling, purchasing, selling, or transferring a firearm as provided by §6105 (relating to Persons not to possess, use, manufacture, control, sell or transfer firearms) of the Uniform Firearms Act.

14. You are prohibited from possessing or acquiring a firearm under the statutes of the United States.

 

§6105(b)

You were convicted of any of the offenses under the Pennsylvania Crimes Code as enumerated below:

• §908 (relating to Prohibited offensive weapons)

• §911 (relating to Corrupt organizations)

• §912 (relating to Possession of weapon on school property)

• §2502 (relating to Murder)

• §2503 (relating to Voluntary manslaughter)

• §2504 (relating to Involuntary manslaughter) if the offense is based on the reckless use of a firearm

• §2702 (relating to Aggravated assault)

• §2703 (relating to Assault by prisoner)

• §2704 (relating to Assault by life prisoner)

• §2709.1 (relating to Stalking)

• §2716 (relating to Weapons of mass destruction)

• §2901 (relating to Kidnapping)

• §2902 (relating to Unlawful restraint)

• §2910 (relating to Luring a child into a motor vehicle or structure)

• §3121 (relating to Rape)

• §3123 (relating to Involuntary deviate sexual intercourse)

• §3125 (relating to Aggravated indecent assault)

• §3301 (relating to Arson and related offenses)

• §3302 (relating to Causing or risking catastrophe)

• §3502 (relating to Burglary)

• §3503 (relating to Criminal trespass) if the offense is graded a felony of the second degree or higher

• §3701 (relating to Robbery)

• §3702 (relating to Robbery of motor vehicle)

• §3921 (relating to Theft by unlawful taking or disposition) upon conviction of the second felony offense

• §3923 (relating to Theft by extortion) when the offense is accompanied by threats of violence

• §3925 (relating to Receiving stolen property) upon conviction of the second felony offense

• §4906 (relating to False reports to law enforcement authorities) if the fictitious report involved the theft of a firearm as provided in §4906(c)(2)

• §4912 (relating to Impersonating a public servant) if the person is impersonating a law enforcement officer

• §4952 (relating to Intimidation of witnesses or victims)

• §4953 (relating to Retaliation against witness, victim or party)

• §5121 (relating to Escape)

• §5122 (relating to Weapons or implements for escape)

• §5501(3) (relating to Riot)

• §5515 (relating to Prohibiting of paramilitary training)

• §5516 (relating to Facsimile weapons of mass destruction)

• §6110.1 (relating to Possession of firearm by minor)

• §6301 (relating to Corruption of minors)

• §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, the statutes of any other state, or of the United States.

 

 

§6105(c)

In addition to any person who has been convicted of any offense listed under §6105(b), the following persons shall not be eligible for or permitted to obtain a License to Carry Firearms:

1. You are a fugitive from justice.

2. You were convicted of an offense under 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.
   NOTE: This refers to the maximum sentence you could have received, not the actual sentence you did receive.

3. You have been convicted of Driving Under the Influence of Alcohol or Controlled Substance (DUI) on three or more separate occasions within a five-year period. For the purposes of this paragraph only, the prohibition of possessing firearms shall only apply to transfers or purchases of firearms after the 3rd conviction.
   NOTE: This means that you may keep what firearms you have if this is the only paragraph that applies to you. However, you may not transfer or receive any firearms.

4. You have been adjudicated as an incompetent or you have been involuntarily committed to a mental institution for inpatient care and treatment under the Mental Health Procedures Act. This paragraph does not apply to any proceeding under §302 of the Mental Health Procedures Act if the examining physician issued a certification that inpatient care was not necessary or that the person was not committable.

5. You are an alien who is illegally or unlawfully in the United States.

6. You are the subject of an active final protection from abuse order issued pursuant to 23 Pa.C.S. §6108, are the subject of any other active protection from abuse order issued pursuant to 23 Pa.C.S. §6107(b), which provided for relinquishment of firearms during the period of time the order is in effect or are 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 relinquishment of firearms.

7. You, as a juvenile, were adjudicated delinquent of the below mentioned offenses, or under any equivalent Federal statute, or statute of any other state:

   • §2502 (relating to Murder)

   • §2503 (relating to Voluntary manslaughter)

   • §2702 (relating to Aggravated assault)

   • §2703 (relating to Assault by prisoner)

   • §2704 (relating to Assault by life prisoner)

   • §2901 (relating to Kidnapping)

   • §3121 (relating to Rape)

   • §3123 (relating to Involuntary deviate sexual intercourse)

   • §3301 (relating to Arson and related offenses)

   • §3502 (relating to Burglary)

   • §3701 (relating to Robbery)

   • §3923 (relating to Theft by extortion) when the offense is accompanied by threats of violence

8. You, as a juvenile, were adjudicated delinquent of any of the offenses mentioned in §6105(b) or under any equivalent Federal statute, or statute of any other state with the exception of those crimes mentioned in paragraph 7. This prohibition will terminate 15 years after the last applicable delinquent adjudication or upon the person reaching the age of 30, whichever is earlier.

9. You are prohibited from possessing or acquiring a firearm under federal law because you have been convicted of a misdemeanor crime of domestic violence*. If the offense which resulted in the prohibition under 18 U.S.C. §922(g)(9) was committed 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. You, as the subject of a temporary or active final protection from abuse order, were convicted under 18 Pa.C.S. §6105(a.1)(2) of failing to relinquish a firearm or other weapon or ammunition to the Sheriff or other law enforcement agency as required by the order.
    NOTE: This prohibition terminates five years after the date of conviction, final release from confinement or final release from supervision, whichever is later.

 

 

18 U.S.C. §922(g)

Under federal law, you are prohibited from possessing or receiving any firearm if any of the following conditions are met:

1. You have been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year**.

2. You are a fugitive from justice.

3. You are an unlawful user of or addicted to any controlled substance (as defined in §102 of the Controlled Substances Act (21 U.S.C. §802)).

4. You have been adjudicated as a mental defective or committed to a mental institution.

5. You, being an alien,
   (a) are illegally or unlawfully in the United States; or
   (b) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in §101(a)(26) of the Immigration and Nationality Act (8 U.S.C. §1101 (a)(26))).

6. You have been discharged from the Armed Forces under dishonorable conditions.

7. You, being a citizen of the United States, renounced your citizenship.

8. You are subject to a court order that:
   (a) was issued after a hearing of which you received actual notice, and at which you had an opportunity to participate,
   (b) restrains you from harassing, stalking, or threatening an intimate partner*** of yours or child of your intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
   (c)
   (i) includes a finding that you represent a credible threat to the physical safety of such intimate partner or child; or
   (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.

9. You have been convicted in any court of a misdemeanor crime of domestic violence*.

 

 

18 U.S.C. §922(n)

Under federal law, if you are under indictment for a crime punishable by imprisonment for a term exceeding one year**, you are prohibited from

1. shipping or transporting in interstate or foreign commerce any firearm or ammunition; and

2. receiving any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

 

 

* Misdemeanor crime of domestic violence - A misdemeanor under Federal or State law; and has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.

** Crime punishable by imprisonment for a term exceeding one year - Does not include any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

*** Intimate partner - With respect to a person, the spouse of the person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person.