Pennsylvania Open Carry Laws
When you are facing criminal charges in Pittsburgh, PA, consulting a Pittsburgh criminal lawyer is vital, as the distinction between legal exercise of your rights and a life-altering felony conviction often hinges on a single traffic stop. At our firm, we provide a robust legal perspective for individuals navigating the complexities of the Uniform Firearms Act. While Pennsylvania is generally considered an “open carry” state, open carry laws are governed by a patchwork of exceptions that can easily lead to an arrest. For instance, while you may display a firearm in plain sight while walking down a public street, the law triggers an immediate requirement for a Pennsylvania License to Carry Firearms (LTCF) the moment you enter a vehicle, as the firearm is then legally considered “concealed.”
Our defense strategy focuses on the nuances of concealed weapon laws to protect your driving privileges and your future. Under Title 18 § 6106, the Penalties for Carrying a Concealed Weapon Without a License are severe, typically graded as a felony of the third degree which carries a weighted severity of up to seven years in prison and $15,000 in fines. However, we aggressively pursue mitigation by proving a client was “otherwise eligible” for a license, which can lead the hearing officer or judge to downgrade the charge to a misdemeanor. We examine every attribute of your case, from the legality of the initial stop to the accuracy of the police report, to determine if law enforcement exceeded their authority.
If you are facing weapons charges, our Pittsburgh firearms and weapons defense attorneys can help. We handle all types of gun-related offenses across Allegheny County and Western Pennsylvania.
For many clients, considerations often revolve around protecting their livelihood after a citation or arrest. Whether you were carrying for protection in your place of abode or were stopped during a routine commute, we work to reduce the impact of these charges on your record. If you have accumulated weapons-related charges, we initiate a thorough investigation into whether the Commonwealth can prove every element of the infraction. By complying with all departmental procedures and filing motions for restoration of rights where applicable, our firm ensures that a single mistake does not result in an automatic loss of your Second Amendment rights.
The sheriff’s office has forty-five days to determine eligibility for a license, and may deny authorization to any individuals with criminal records or certain characteristics that prohibit them from legally holding firearms.
Individuals with the following attributes are not permitted to carry an open or concealed weapon in Pennsylvania:
- Convicted of drug or illegal substance crimes, or are current users of illegal drugs;
- Convicted of driving under the influence of alcohol or drugs on three or more occasions within the last five years;
- Convicted of domestic violence crimes;
- Convicted of felonies of any nature;
- Has a history of mental illness or have ever been involuntarily committed to a mental institution;
- Have been adjudicated delinquent within the last ten years;
- Are illegal aliens in the United States;
- Are fugitives from justice;
- Dishonorably discharged from any branch of the U.S. armed forces;
- Associated with a reputation that endangers public safety.
Is Pennsylvania an Open Carry State?
Yes, Pennsylvania is generally an open-carry state, meaning individuals legally allowed to own a firearm can openly carry one without a permit. However, there are important exceptions:
- A concealed carry license (LTCF, License to Carry Firearms) is required to carry a firearm openly in Philadelphia (due to it being a “city of the first class”).
- Open carry is not permitted in certain locations, including schools, courthouses, federal buildings, and private property where firearms are prohibited.
- Certain individuals, such as felons or those with specific legal restrictions, cannot carry firearms.
Penalties for Carrying a Concealed Weapon Without a License in PA
Under the Pennsylvania State Constitution (Art. I § 21), all citizens preserve a right to “bear arms in defense of themselves and the State.” Because Pennsylvania maintains an open carry policy, anyone who is at least 18 years of age and is not prohibited by law from owning and holding firearms may openly carry a handgun in plain sight without a license, except in vehicles. However, you must obtain a permit in order to carry a concealed weapon.
Exceptions to this rule are:
- You are allowed to legally carry a concealed weapon in your own home without a permit.
- You are allowed to legally carry a concealed weapon in your fixed place of business without a permit.
Notwithstanding the exceptions above, any person found to be carrying a firearm in any vehicle or concealed on or about their person, without a valid license, can be charged with a felony of the third degree (Pennsylvania Criminal Code, Title 18 § 6106). This scenario would occur if the person is found to be ineligible to possess a valid license. A third-degree felony sentence can result in up to seven years in prison with a maximum fine of $15,000.
A person who is otherwise qualified to possess a valid license but is caught with concealed weapons without a permit, except in their place of abode or fixed place of business, can be charged with a misdemeanor of the first degree. If convicted, you can face potential jail time of up to five years and a fine of up to $10,000.
Exemptions to the concealment violation can be found here.
Gun Laws in Pittsburgh & Allegheny County
Pittsburgh has enacted its own local firearms ordinances that go beyond Pennsylvania state law. In 2019, Pittsburgh City Council passed measures restricting assault-style weapons, high-capacity magazines, and armor-piercing ammunition within city limits. While portions of these ordinances have faced legal challenges under Pennsylvania’s preemption statute (18 Pa.C.S. § 6120), which generally prevents municipalities from regulating firearms more strictly than state law, the legal landscape continues to evolve.
If you are stopped or arrested on a weapons charge anywhere in Allegheny County, whether in Pittsburgh, the South Hills, the North Hills, or surrounding boroughs, the specific circumstances of your location and the officer’s jurisdiction matter. Law enforcement in Allegheny County routinely conducts traffic stops along I-376, Route 28, and in neighborhoods like the South Side and Downtown Pittsburgh where nightlife-related firearm incidents are common. An experienced weapons defense attorney who understands local enforcement patterns can make a critical difference in your case outcome.
Frequently Asked Questions About Concealed Carry & Open Carry in Pennsylvania
Can you carry a concealed weapon in your car in PA?
Not without a License to Carry Firearms (LTCF). Under Pennsylvania law, any firearm inside a vehicle is considered concealed, regardless of whether it is in plain sight on the seat or stored in the glove compartment. Carrying a firearm in your car without an LTCF is a felony of the third degree if you are ineligible for a license, or a first-degree misdemeanor if you are otherwise eligible. The only exception is transporting an unloaded firearm to or from a place of purchase, repair, or shooting range. For more on building a defense, read our guide on defending against concealed weapon charges in Pennsylvania.
Do you need a permit to open carry in Pennsylvania?
In most of Pennsylvania, no, you do not need a permit to open carry a firearm if you are 18 or older and legally allowed to possess a gun. The major exception is Philadelphia, which is classified as a “city of the first class” and requires an LTCF for both open and concealed carry. Pittsburgh does not have the same restriction, though local ordinances may apply in certain circumstances. You should also be aware that open carry is prohibited in courthouses, schools, and federal buildings.
What are the gun laws in Pittsburgh?
Pittsburgh follows Pennsylvania state law on firearms, with some additional local ordinances that have faced legal challenges. In 2019, the city passed restrictions on assault-style weapons and high-capacity magazines, though Pennsylvania’s preemption law (18 Pa.C.S. § 6120) generally limits municipalities from creating their own gun regulations. In practice, Pittsburgh police enforce state firearms laws, and weapons charges in Pittsburgh are prosecuted through the Allegheny County court system. If you have been charged, contact our firearms defense team for a free consultation.
Can you carry a gun without a permit on your own property in PA?
Yes. Pennsylvania law allows you to carry a firearm, either openly or concealed, on your own property without a License to Carry Firearms. This includes your home and your fixed place of business. However, once you step off your property onto public land or enter a vehicle, standard open carry and concealed carry rules apply. If you were arrested while on or near your own property, this is an important defense element that an attorney should examine.
Is it legal to carry a loaded gun in your car in Pennsylvania?
Only if you have a valid LTCF. Without a license, carrying a loaded firearm in your vehicle is a criminal offense under 18 Pa.C.S. § 6106. Even with an LTCF, you must carry the license on your person whenever you have a firearm in your vehicle and present it to law enforcement upon request. Transporting an unloaded firearm secured in a case to or from a range or place of purchase is permitted without an LTCF under specific conditions outlined in the statute.
What is the penalty for carrying a concealed weapon without a permit in PA?
The penalty depends on whether you are eligible for a license. If you are ineligible (for example, due to a felony conviction or domestic violence conviction), concealed carry without a license is a felony of the third degree, carrying up to seven years in prison and a $15,000 fine. If you are otherwise eligible for a license but simply did not obtain one, the charge is a misdemeanor of the first degree, carrying up to five years in prison and a $10,000 fine.
Can a felon own a gun in Pennsylvania?
No. Under both federal law (18 U.S.C. § 922(g)) and Pennsylvania law (18 Pa.C.S. § 6105), individuals convicted of felonies are prohibited from possessing firearms. This applies to all firearms, including handguns, rifles, and shotguns. In some cases, rights may be restored through a pardon from the Governor or through an expungement process, but these are complex legal proceedings that require experienced legal counsel.
Do I need to register my gun in Pennsylvania?
Pennsylvania does not have a statewide firearms registry. You are not required to register handguns, rifles, or shotguns. However, when you purchase a handgun from a licensed dealer, the sale is recorded through the Pennsylvania Instant Check System (PICS). Private sales of handguns must also go through a licensed dealer or the county sheriff’s office. Long guns (rifles and shotguns) can be privately transferred without a background check, though federal law still prohibits sales to prohibited persons.
Contact an Experienced Pennsylvania Gun Law Attorney Near You
If you have been recently accused of carrying concealed firearms without a license, or are facing concealment of weapons-related charges, you will need assistance from an experienced Pittsburgh gun lawyer. We will be able to walk you through all the legal options in your case. First, we will review the evidence against you, and based on the supporting documentation, then file relevant motions for suppression or inadmissibility.
In the past, we have successfully negotiated with the Commonwealth for reduced or dismissed charges against our clients on other weapons violations. We recommend that you contact our office as soon as possible for a free consultation.
Pennsylvania Gun Law Attorney Review
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