· gun laws · 9 min read

Pennsylvania Concealed Carry Firearm Laws

Pennsylvania: Gun Laws Summary

Pennsylvania is a shall-issue state with concealed weapons licenses issued at the county level by the sheriff’s office or if a resident of a city of the first class, with the chief of police of that city. There is no permit required to purchase firearms and although there is no comprehensive firearms registration, the state police maintain a database of all handgun buyers. Private-party transfers of handguns must be conducted through a licensed dealer or at a county sheriff’s office, and a background check is required. These requirements do not apply to transfers between spouses, parents and children, or grandparents and grandchildren. (source)

Self-Defense

Pennsylvania is a Castle Doctrine state and has a “stand your ground” law. There is no duty to retreat in your residence or any place where you have a legal right to be if confronted with a deadly weapon or an object that appears to be one. Under the law, the use of force against another person is justifiable if the person who acts in self-defense believes that the use of force is: “immediately necessary for the purpose of protecting himself [or herself] against the use of unlawful force by such other person on the present occasion.” (18 Pa. Cons. Stat, § 505)

Use of Force for the Protection of Property

The use of force is justifiable when the actor believes that such force is immediately necessary:

  • To prevent or terminate an unlawful entry or other trespass upon land or the unlawful carrying away of tangible movable property; or
  • To effect an entry or re-entry upon land or to retake tangible movable property.

(18 Pa. Cons. Stat, § 506)

Use of Force in Self-Protection or the Protection of Others

The use of force is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself or herself or a third party against the use of unlawful force. Deadly force is only justifiable if an actor believes it is necessary to protect one’s self or a third party against death, serious bodily injury, kidnapping or sexual assault. (18 Pa. Cons. Stat, § 505)

Such force is not justified if the actor knows that he or she can avoid the necessity of using such force with complete safety by retreating; except the actor is not obliged to retreat from his or her dwelling or place of work, unless he or she was the initial aggressor or is assailed in the place of work by another person whose place of work the actor knows it to be. (18 Pa. Cons. Stat, § 505)

An actor is presumed to have a reasonable belief that deadly force is immediately necessary to protect himself or herself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat if both of the following conditions exist:

  • The person against whom the force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered and is present within, a dwelling, residence or occupied vehicle; or
  • The person against whom the force is used is or is attempting to unlawfully and forcefully remove another against that other’s will from the dwelling, residence or occupied vehicle.

(18 Pa. Cons. Stat, § 507)

Pennsylvania: Gun Laws at a Glance

Is it legal to buy or use chemical spray/pepper spray in Pennsylvania?Yes. There is no statute prohibiting the purchase or use of pepper spray in Pennsylvania. [18 Pa. Cons. Stat. Ann. § 2705]
Does Pennsylvania have magazine capacity restrictions for handguns?No. The Allegheny Court of Common Pleas decided against the City of Pittsburgh in Anderson v. City of Pittsburgh. The court found that Pittsburgh’s attempt to impose local gun control measures was a clear violation of state preemption law.
Does Pennsylvania have ammunition restrictions?Yes. It is illegal for any person to possess KTW teflon-coated bullets or other armor-piercing ammunition with the intent to use the ammunition in a crime. [18 Pa. Cons. Stat. Ann. § 6121]
Does Pennsylvania allow constitutional carry?No. Pennsylvania does not allow constitutional carry.
If Pennsylvania requires a license to carry a concealed firearm, how are those licenses issued?Pennsylvania is a shall-issue state.
What is the minimum age in Pennsylvania to get a concealed carry license?The minimum age to concealed carry in Pennsylvania is 21 years old.
Can you concealed carry weapons other than handguns in Pennsylvania with a concealed carry license (or under permitless carry if applicable)?Yes. Pennsylvania concealed carry includes any 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. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable. [18 Pa. Cons. Stat. Ann. § 6102]
Is it legal to own a taser or stun gun in Pennsylvania?Yes. Stun guns and Tasers are legal to purchase and possess without a permit for anyone legally entitled to carry a firearm. A person may possess and use an electric or electronic incapacitation device in the exercise of reasonable force in defense of the person or the person’s property if the electric or electronic incapacitation device is labeled with or accompanied by clearly written instructions as to its use and the damages involved in its use. [18 Pa. Cons. Stat, § 908.1]
Is open carry permitted in Pennsylvania?Yes, without a license. Any person who is at least 18 years old and legally entitled to possess a firearm can open carry. A license is required in a vehicle and in the city of Philadelphia. Be aware that the Pennsylvania Supreme Court a decision in Commonwealth of Pennsylvania v. Darren Montgomery, 234 A.3d 523 (PA 2020), holding that sometimes a visible firearm is a concealed firearm. This decision has created uncertainty about the definition of open carry.

Pennsylvania: Carry Locations

Can you carry a concealed handgun in a vehicle in Pennsylvania?Yes, with a LCF or permit from a state with which PA has reciprocity. There are a number of exceptions identified in § 6106(b) where firearms may be carried either loaded or transported unloaded with ammunition stored in a separate container by individuals without a license. Exceptions include law enforcement officers, on-duty members of the military as well as a number of others.[18 Pa. Cons. Stat. § 6106]
Can you carry a concealed firearm at roadside rest areas in Pennsylvania?Yes, with a LCF or permit from a state with which PA has reciprocity.
Can you carry a concealed firearm in bars and restaurants that serve alcohol in Pennsylvania?Yes, there is no statute making it illegal to concealed carry with a LCF or permit from a state with which PA has reciprocity, unless posted.
Can you carry a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in Pennsylvania?Yes, with a LCF or permit from a state with which PA has reciprocity. [34 Pa. Cons. Stat. § 2525 & 58 PA Cons. Stat. § 135.41]
Can you carry or possess a firearm on hotel property in Pennsylvania?Pennsylvania statutes don’t specifically address firearms at hotels. Please note that each hotel develops their own policies and the individual hotel should be contacted to inquire about it’s concealed carry policy. See the Handguns at Hotels page for additional information.
Does Pennsylvania have laws relating to storing firearms in private vehicles in an employee parking lot?Not addressed in Pennsylvania state law.

Pennsylvania: Key State Laws

BrandishingPennsylvania law does not define brandishing. A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he engages in fighting or threatening, or in violent or tumultuous behavior; or creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor. [18 Pa. Cons. Stat. § 5503]
Carrying while under the influencePennsylvania state statutes do not address carrying a concealed firearm while using alcohol or drugs. As a responsibly armed American, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
Non-resident permitsNon-residents who possess a current license or permit or similar document to carry a firearm issued by their home state (if a license is provided for by the laws of that state) may apply for a non-resident permit.
Concealed carry registryThe Pennsylvania concealed carry registry is not accessible to the public.
Driver’s license and carry licenseYour Pennsylvania driver’s license is linked to your Pennsylvania license to carry firearms. Therefore, a law enforcement officer will be notified immediately that you are a concealed carry license holder if they run your driver’s license.
Duty to informThere is no duty to inform a law enforcement officer that you’re carrying a concealed firearm in Pennsylvania unless the officer asks. [18 Pa. Cons. Stat. § 6122]
No Weapons signsPennsylvania does not recognize “No Weapons” signs.
Preemption lawsThe authority to regulate firearms is reserved to the state, except local municipalities may regulate the discharge of firearms within the cities boundaries. This has been reinforced by the Allegheny Court of Common Pleas decision against the City of Pittsburgh in Anderson v. City of Pittsburgh. The court found that Pittsburgh’s attempt to impose local gun control measures was a clear violation of state preemption law. [18 Pa. Cons. Stat. § 6120]
Red flag lawPennsylvania does not have a red flag law.

Pennsylvania: Handgun Purchase and Possession

Is a permit required to purchase a handgun in Pennsylvania?No. Pennsylvania does not require a special permit at time of handgun purchase. [18 Pa. Cons. Stat. Ann. § 6111(c)]
Does my current Pennsylvania concealed carry license exempt me from needing a background check when I purchase a firearm?No. [18 Pa. Cons. Stat. Ann. § 6106(a)(1)]
Are there exceptions?Yes. Private party transfers of handguns must be conducted through a licensed dealer or at a county sheriff’s office. A background check is required. These requirements do not apply to transfers between spouses, parents and children or grandparents and grandchildren. [18 Pa. Cons. Stat. Ann. § 6111(c)]
Is there a waiting period after purchasing a handgun in Pennsylvania?No. The state of Pennsylvania does not require a waiting time for handgun purchases.
Do handguns need to be registered in Pennsylvania?No. Handgun registration is not required in Pennsylvania.
What is the minimum age to possess and transport a handgun in Pennsylvania?18 years old is the minimum age to possess and transport a handgun in Pennsylvania. [18 Pa. Cons. Stat. § 6110.1]
Can I possess/carry a handgun in my home without a license?Yes. A License to Carry Firearms is not required for anyone legally entitled to carry a firearm in the person’s place of abode or fixed place of business. [18 Pa. Cons. Stat. Ann. § 6106(a)(1)]
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