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Firearm Prohibitions & Relinquishment requirements for Domestic Violence Misdemeanors

Pennsylvania incorporates federal law’s restriction on possession of firearms by people who have been convicted of qualifying domestic violence misdemeanors.1

Under legislation enacted in 2018 and effective since April 10, 2019,2 Pennsylvania law generally requires people who have been convicted of these domestic violence-related misdemeanors to relinquish any firearms under their possession or control to their local law enforcement agency or to a licensed dealer within 24 hours of conviction, except where the court finds cause to provide an alternate time period for relinquishment.3

State law directs the court, upon conviction, to order the person to relinquish their firearms and to transmit a copy of the order to the municipal law enforcement agency and the sheriff of the county in which the person resides.4 The person is required to inform the court whether they will relinquish their firearms to a law enforcement agency or to a licensed gun dealer.5 The law enforcement agency or licensed gun dealer that accepts the person’s firearms is directed to issue the person a receipt (or, in the case of gun dealers, an affidavit on a standard form prescribed by the Pennsylvania State Police) with specified information about the relinquished firearms; dealers are required to acknowledge that they will not unlawfully return the firearms to the person or a member of the person’s household or to an ineligible third-party recipient.6 If the person relinquishes firearms to a gun dealer, they are directed to provide the relinquishment affidavit to the appropriate law enforcement agency and relinquish to the agency any firearms not specified in the affidavit.7 Those who relinquish to law enforcement may also, within six months, request that the law enforcement agency make one transfer of their firearms to a licensed gun dealer.8

If the person fails to timely relinquish their firearms, the local law enforcement agency is required, at a minimum, to provide immediate notice to the court, the victim, and the prosecutor and sheriff. 9 State law makes it a crime for a person subject to these requirements to intentionally or knowingly fail to relinquish a firearm as required.10

This law also requires people convicted of qualifying domestic violence misdemeanors to relinquish any firearm-related licenses they have to the sheriff of the county in which they reside.11

Firearm Prohibitions & RELINQUISHMENT REQUIREMENTS for Domestic Violence Protective Orders

Under Pennsylvania law, a family member or current or former sexual or intimate partner who has been subject to abuse may seek a Protection from Abuse (e.g. protective) Order.12 Pennsylvania law authorizes courts to prohibit people from accessing firearms while they are subject to temporary Protection from Abuse Orders, and requires courts to do so when issuing final Protection from Abuse Orders, as further explained below. Pennsylvania law also requires the State Police to maintain a registry of temporary and final protection orders, court-approved consent agreements and foreign protection orders,13 and requires courts to make this information available to the Pennsylvania State Police within 24 hours of the order.14

When a person files a petition for a Protection from Abuse Order, Pennsylvania generally requires courts to hold a hearing within ten business days 15 and to conspicuously provide a printed notice at the hearing to the respondent (called the “defendant” in Pennsylvania) about the possibility, among other things, that they may be required to relinquish their firearms if the court issues a protection order against them.16

State law requires that any final Protection from Abuse order issued after notice and a hearing prohibit the defendant from acquiring or possessing any firearms for the duration of the order, order that the defendant temporarily relinquish to the sheriff or local law enforcement agency any firearms under their possession or control, and order the defendant to relinquish to the sheriff or local law enforcement agency any firearms-related license or permit they possess.17

In more urgent cases, a person may also petition the court for a “temporary” Protection from Abuse Order if they allege that there is an immediate and present danger of abuse to themselves or minor children, in which case the court must conduct an “ex parte” proceeding (prior to holding a hearing).18 When issuing a temporary protection order, the court may order the defendant to refrain from accessing firearms and require the defendant to at least temporarily relinquish to the sheriff or local law enforcement agency any firearms and firearms-related licenses or permits under the defendant’s possession or control,19 if the petition for the protection order demonstrates that the defendant has perpetrated abuse involving a firearm or other weapon, or demonstrates an immediate and present danger of abuse (based on a list of specified factors — see footnote for more information).20

When issuing a court order prohibiting firearm access by the defendant, the court is directed to also transmit a copy of the order to the head of the local law enforcement agency and to the sheriff of the county in which the defendant resides, including information about the firearms the defendant is required to relinquish.21

Defendants who are ordered to relinquish firearms by either a temporary or final Protection from Abuse order must generally inform the court about how they are going to relinquish their firearms and are generally required to relinquish their firearms within 24 hours to law enforcement or a licensed dealer within 24 hours, except where the court finds that this time frame is impracticable.22 Defendants subject to temporary protection orders may relinquish firearms to the sheriff or to an eligible, designated third party.23 Those subject to final protection orders may also relinquish their firearms to a licensed gun dealer, and/or law enforcement or an eligible, designated third party.24

Relinquishing to Law Enforcement:
If the defendant relinquishes their firearms to the sheriff or local law enforcement, the agency shall provide the defendant with a signed and dated written receipt including a detailed description of the weapon.25 If the defendant fails to do so, and also does not provide forms indicating that they lawfully relinquished their firearms to an eligible third-party or licensed gun dealer as required (see below), the sheriff or local law enforcement agency is directed to, at a minimum, provide immediate notice to the court, petitioner (“plaintiff”) protected by the protection order, and other appropriate law enforcement agencies.26

Relinquishing to an Eligible Third-Party:
If the defendant wishes to relinquish their firearms to a third-party for safekeeping for the duration of the order, the defendant and third-party recipient must within 24 hours (or an alternate time frame specified by the court) appear before the sheriff of the county where the court order was entered (or the sheriff’s designee).27 The third party must generally pass a background check to verify that they are not prohibited from possessing firearms or ammunition under state or federal law and may not be a member of the defendant’s household.28 Both the defendant and third party person must execute an affidavit on a form prescribed by the Pennsylvania State Police in the presence of the sheriff (or designee) that includes specified information about the firearms and acknowledgements regarding both parties’ legal obligations and prohibitions.29 If the third party person passes the background check, the sheriff will issue the third party a “safekeeping permit,” which lists the firearms that will be relinquished to them for safekeeping until the safekeeping permit is revoked or voluntarily returned to the sheriff.30

After the affidavit is executed and the safekeeping permit is issued to the eligible third party, the defendant is generally required to complete relinquishment of their firearms to the designated third party within the time period specified for relinquishment; the third party is directed to sign an acknowledgement on a designated form that the firearms were timely relinquished to them by the defendant, and the defendant is required to return the signed acknowledgement form to the sheriff within 24 hours of the sheriff issuing the safekeeping permit.31 If the defendant fails to return this acknowledgement as required, the sheriff is directed to, at a minimum, provide immediate notice to the court, petitioner (“plaintiff”) protected by the protection order, and appropriate law enforcement agencies.32

Relinquishing to a Licensed Gun Dealer:
A defendant who is subject to a final protection from abuse order may relinquish their firearms to a licensed gun dealer for the duration of the order.33 A defendant who wishes to do so must obtain a signed affidavit from the dealer on a form prescribed by the Pennsylvania State Police that includes specified information about the firearms and acknowledgements regarding their legal obligations and prohibitions,34 and must return this signed affidavit to the sheriff of the county where the protection from abuse order was entered within 24 hours (or an alternate time frame specified by the court).35 If the defendant fails to return this affidavit as required, the sheriff is directed to, at a minimum, provide immediate notice to the court, petitioner (“plaintiff”) protected by the protection order, and appropriate law enforcement agencies.36

Removal of Firearms at the Scene of a Domestic Violence Incident

Pennsylvania law grants a police officer a right of arrest without a warrant whenever he or she has probable cause to believe the defendant has committed involuntary manslaughter, assault, reckless endangerment, terroristic threats, or stalking against a “family or household member,” even if the offense did not take place in the officer’s presence, if the officer first observes recent physical injury to the victim or other corroborative evidence.37 Pennsylvania law requires the arresting police officer in this situation to seize all weapons used by the defendant in the commission of the offense.38

In addition, Pennsylvania law grants a police officer a right of arrest without a warrant whenever he or she has probable cause to believe the defendant has violated a protection order, even if the violation was not committed in the presence of the police officer.39 Subsequent to the arrest, the police officer must seize all firearms and ammunition used or threatened to be used during the violation of the protection order or during prior incidents of abuse, and any other firearms in the defendant’s possession.40

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  1. 18 U.S.C. §§ 921(a)(33), 922(g)(9); 18 Pa. Cons. Stat. Ann. § 6105(c)(9). The relationship need not be an element of the offense to meet these requirements, so long as the offense 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. 18 Pa. Cons. Stat. Ann. § 6105(c)(9)(iv).[↩]
  2. See 2017 Pa. HB 2060.[↩]
  3. 18 Pa.C.S. § 6105.2.[↩]
  4. 18 Pa.C.S. § 6105.2(a)(2), (b)(1), (c)(1).[↩]
  5. 18 Pa.C.S. § 6105.2(a)(3), (a)(4).[↩]
  6. 18 Pa.C.S. § 6105.2(b), (c).[↩]
  7. 18 Pa.C.S. § 6105.2(c)(4).[↩]
  8. 18 Pa.C.S. § 6105.2(e).[↩]
  9. 18 Pa.C.S. § 6105.2(d).[↩]
  10. 18 Pa.C.S. § 6105.2(h).[↩]
  11. 18 Pa.C.S. § 6105.2(g).[↩]
  12. 23 Pa. Cons. Stat. Ann. §§ 6102(a), 6108.[↩]
  13. 23 Pa. Cons. Stat. Ann. § 6105(e).[↩]
  14. 23 Pa. Cons. Stat. Ann. § 6105(e)(2), (e)(4).[↩]
  15. 23 Pa. Cons. Stat. Ann. § 6107(a).[↩]
  16. Id.[↩]
  17. 23 Pa. Cons. Stat. Ann. §§ 6108)(a.1)(1); 6108(a)(7); 2017 Pa. HB 2060, Section 5.[↩]
  18. 23 Pa. Cons. Stat. Ann. § 6107(b)(1).[↩]
  19. 23 Pa. Cons. Stat. Ann. 6108(a)(7).[↩]
  20. In determining whether there is an immediate and present danger of abuse, the court is directed to consider a number of factors, including, but not limited to:
    (A) Whether the temporary order of protection from abuse is not likely to achieve its purpose in the absence of such a condition.
    (B) Whether the defendant has previously violated a protection from abuse order.
    (C) Whether past or present abuse to the plaintiff or any of the plaintiff’s minor children resulted in injury.
    (D) Whether the abuse occurred in public.
    (E) Whether the abuse includes:(I) threats of abuse or suicide;(II) killing or threatening to kill pets;(III) an escalation of violence;(IV) stalking or obsessive behavior;(V) sexual violence; or(VI) drug or excessive alcohol use.

    23 Pa. Cons. Stat. Ann. § 6107(b)(3).[↩]
  21. 23 Pa. Cons. Stat. Ann. § 6108(a)(7).[↩]
  22. 23 Pa. Cons. Stat. Ann. § 6108(a)(7); 18 Pa. Cons. Stat. Ann. §§ 6105.2.[↩]
  23. 23 Pa. Cons. Stat. Ann. § 6107(b)(4); see also, 23 Pa. Cons. Stat. Ann. §§ 6108(a)(7); 6108.3.[↩]
  24. 23 Pa. Cons. Stat. Ann. §§ 6108(a)(7)(ii); 6108.2.[↩]
  25. 23 Pa. Cons. Stat. Ann. §§ 6108(a)(7)(ii).[↩]
  26. 23 Pa. Cons. Stat. Ann. § 6108(a)(7)(iv).[↩]
  27. 23 Pa. Cons. Stat. Ann. § 6108.3(b)(1).[↩]
  28. 23 Pa. Cons. Stat. Ann. § 6108.3(b)(2), (i).[↩]
  29. 23 Pa. Cons. Stat. Ann. § 6108.3(b)(3).[↩]
  30. 23 Pa. Cons. Stat. Ann. § 6108.3(b)(2); see Section 6108.3(c) and (d) regarding circumstances in which safekeeping permits must be revoked or requirements when returning safekeeping permits voluntarily.[↩]
  31. 23 Pa. Cons. Stat. Ann. § 6108.3(b)(4), (b)(5).[↩]
  32. 23 Pa. Cons. Stat. Ann. § 6108.3(b)(6).[↩]
  33. 23 Pa. Cons. Stat. Ann. §§ 6108(a)(7)(ii); 6108.2.[↩]
  34. 23 Pa. Cons. Stat. Ann. § 6108.2(b).[↩]
  35. 23 Pa. Cons. Stat. Ann. § 6108.2(c).[↩]
  36. Id.[↩]
  37. 18 Pa. Cons. Stat. Ann. § 2711(a). See 23 Pa. Cons. Stat. Ann. § 6102 (defining “family or household member”).[↩]
  38. 18 Pa. Cons. Stat. Ann. § 2711(b).[↩]
  39. 23 Pa. Cons. Stat. Ann. § 6113.[↩]
  40. Id.[↩]

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