NFA Gun Trust Lawyer Blog
Pennsylvania’s UFA: Persons not to Possess, Use, Manufacture, Control, Sell, or Transfer Firearms
18 PA.C.S. § 6105 deals with persons who cannot possess, use, manufacture, control, sell, or transfer firearms. It must be noted that this section applies to convictions that were both committed within and outside of the Commonwealth of Pennsylvania. (18 PA.C.S. § 6105). These prohibitions are broken down into two categories: 1. those persons who violate one of the enumerated offenses; and 2. those persons who fall into nine subcategories of non-enumerated offenses. There is also an exemption clause which allows one who has been convicted of one of the enumerated offenses or certain non-enumerated offenses to petition the court of common pleas for relief. Moreover, any person who becomes a prohibited person has “a reasonable period of time, not to exceed 60 days from the date” of conviction. (18 PA.C.S. § 6105).
Those persons who are convicted of a felony of one of the enumerated offenses or a felony under The Controlled Substance, Drug, Device and Cosmetic Act (P.L. 223, No. 64), or any equivalent Federal Statute or equivalent statute of any other state, who possesses, uses,
manufacturers, controls, sells, or transfers a firearm commits a felony of the second degree. Moreover, and more importantly due to the lack of discretion in the granting of POAs, a person who is subject of an active protection from abuse order, where the order provides for the relinquishment of firearms, other weapons, or ammunition during the period of time the order is in effect, commits a misdemeanor of the first degree, if he intentionally or knowingly fails to relinquish a firearm, or other weapon or ammunition to the sheriff as required by the order, unless the person submits an affidavit to the sheriff in accordance with either 23 PA.C.S. § 6108(a)(7)(i)(B), § 6108.2,
(relating to relinquishment for consignment sale, lawful transfers or safekeeping) or § 6108.3 (relating to relinquishment to third party for safekeeping. For the penalties associated with a person who has accepted possession of a firearm from an individual who is the subject of a POA, and who has not submitted an affidavit, per the above, see 18 PA.C.S. §§ 6105 (a)(A.1)(3)-(5).
The Enumerated Offenses are:
1. 18 PA.C.S. § 908 (relating to prohibited offensive weapons).
2. 18 PA.C.S. § 911 (relating to corrupt organizations).
3. 18 PA.C.S. § 912 (relating to possession of weapon on school property).
4. 18 PA.C.S. § 2502 (relating to murder).
5. 18 PA.C.S. § 2503 (relating to voluntary manslaughter).
6. 18 PA.C.S. § 2504 (relating to involuntary manslaughter) if the offense is based on the reckless use of a firearm.
7. 18 PA.C.S. § 2702 (relating to aggravated assault).
8. 18 PA.C.S. § 2703 (relating to assault by prisoner).
9. 18 PA.C.S. § 2704 (relating to assault by life prisoner).
10. 18 PA.C.S. § 2709.1 (relating to stalking).
11. 18 PA.C.S. § 2716 (relating to weapons of mass destruction).
12. 18 PA.C.S. § 2901 (relating to kidnapping).
13. 18 PA.C.S. § 2902 (relating to unlawful restraint).
14. 18 PA.C.S. § 2910 (relating to luring a child into a motor vehicle).
15. 18 PA.C.S. § 3121 (relating to rape).
16. 18 PA.C.S. § 3123 (relating to involuntary deviate sexual intercourse).
17. 18 PA.C.S. § 3125 (relating to aggravated indecent assault).
18. 18 PA.C.S. § 3301 (relating to arson and related offenses).
19. 18 PA.C.S. § 3302 (relating to causing or risking catastrophe).
20. 18 PA.C.S. § 3502 (relating to burglary).
21. 18 PA.C.S. § 3503 (relating to criminal trespass) if the offense is graded a felony of the second degree or higher.
22. 18 PA.C.S. § 3701 (relating to robbery).
23. 18 PA.C.S. § 3702 (relating to robbery of motor vehicle).
24. 18 PA.C.S. § 3921 (relating to theft by unlawful taking or disposition) upon conviction of the second felony offense.
25. 18 PA.C.S. § 3923 (relating to theft by extortion) when the offense is accompanied by threats of violence.
26. 18 PA.C.S. § 3925 (relating to receiving stolen property) upon conviction of the second felony offense.
27. 18 PA.C.S. § 4912 (relating to impersonating a public servant) if the person is impersonating a law enforcement officer.
28. 18 PA.C.S. § 4952 (relating to intimidation of witnesses or victims).
29. 18 PA.C.S. § 4953 (relating to retaliation against witness or victim).
30. 18 PA.C.S. § 5121 (relating to escape).
31. 18 PA.C.S. § 5122 (relating to weapons or implements for escape).
32. 18 PA.C.S. § 5501(3) (relating to riot).
33. 18 PA.C.S. § 5515 (relating to prohibiting of paramilitary training).
34. 18 PA.C.S. § 5516 (relating to facsimile weapons of mass destruction).
35. 18 PA.C.S. § 6110.1 (relating to possession of firearm by minor).
36. 18 PA.C.S. § 6301 (relating to corruption of minors).
37. 18 PA.C.S. § 6302 (relating to sale or lease of weapons and explosives).
38. 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.
The Non-Enumerated Offenses are:
1. A person who is a fugitive from justice. This paragraph does not apply to an individual whose fugitive status is based upon a non moving 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 protection from abuse
order issued pursuant to 23 Pa.C.S. § 6108, which order provided for the relinquishment of firearms during the period of time the order is in effect. This prohibition shall terminate upon the expiration or vacation of an active protection from abuse 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) (relating to unlawful acts). 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.
The Exemption Clause:
A person who has been convicted of a crime specified in the enumerated offenses or a person whose conduct meets the criteria in the non-enumerated offenses of (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.