Restoring Your Gun Rights in Pennsylvania: How to Get Firearm Rights Back

If you have a past conviction in Pennsylvania and want to legally possess a firearm again, the single most important thing to understand is that there are two separate locks on the door, not one. Pennsylvania has its own gun-possession ban under 18 Pa.C.S. § 6105, and the federal government has a completely separate ban under 18 U.S.C. § 922(g). Fixing the Pennsylvania lock — through a court petition, a pardon, or expungement — does not automatically open the federal lock. People who assume it does have ended up charged with a federal felony for possessing a gun they believed they were allowed to own.

Pennsylvania does offer real paths back: a petition to a county Court of Common Pleas for relief from firearms disability, a narrower route for old convictions under 18 Pa.C.S. § 6105.1, a separate process for a past involuntary mental health commitment, and a path through a governor's pardon. This guide covers who loses rights, why the state and federal systems are separate, what Pennsylvania offers, and how to avoid turning a fresh start into a new federal case.

Who loses firearm rights in Pennsylvania

Two systems overlap, and Pennsylvania's is broader than the federal floor in several respects.

• Federal law (18 U.S.C. § 922(g)(1)): anyone convicted of a crime punishable by more than one year in prison — in any state or federal court — is federally barred from possessing a firearm or ammunition.
• Federal domestic-violence bar (18 U.S.C. § 922(g)(9), the "Lautenberg Amendment"): a misdemeanor conviction for a crime of domestic violence carries its own lifetime federal firearm bar, separate from the felony rule.
• Pennsylvania's own list (18 Pa.C.S. § 6105(b)): Pennsylvania maintains its own enumerated list of disqualifying offenses — murder, manslaughter, robbery, burglary, kidnapping, sexual offenses, weapons offenses, stalking, and others — some of which are graded as misdemeanors under Pennsylvania law but still trigger the state firearms bar regardless of grading.
• Other Pennsylvania disqualifiers (18 Pa.C.S. § 6105(c)): a felony drug conviction punishable by more than two years, three or more DUI convictions within five years, an involuntary mental health commitment, being subject to an active protection-from-abuse order, and certain juvenile adjudications.

Pennsylvania's ban is broader than the federal ban in places — the repeat-DUI disqualifier and some misdemeanor-graded enumerated offenses have no direct federal counterpart. A person can clear the federal bar entirely and still be barred under Pennsylvania law, or vice versa. Confirm which list your specific conviction falls under before assuming either way.

The two locks: why fixing Pennsylvania law does not fix federal law

This is the part people get wrong, and it is the part that carries real criminal exposure. Federal law only stops counting a conviction as disqualifying when the relief that removed it — expungement, set-aside, pardon, or restoration of civil rights — actually restores civil rights (voting, holding public office, jury service) and does not expressly say the person still cannot possess firearms (18 U.S.C. § 921(a)(20)). A Pennsylvania court order restoring firearms rights under § 6105 does not, by itself, satisfy this test, because it is firearms-specific rather than a full restoration of civil rights — and Pennsylvania's own courts have said so: in Pennsylvania State Police v. Paulshock, the Pennsylvania Supreme Court confirmed that a § 6105 order does not, on its own, restore rights under federal law.

There is a second, harder rule if your disqualifying conviction was a federal conviction: under Beecham v. United States, the U.S. Supreme Court held that only the sovereign that convicted you can restore your federal firearm rights, so a Pennsylvania court cannot lift a federal bar no matter what relief it grants. The federal government has its own relief mechanism, 18 U.S.C. § 925(c), but Congress has barred the ATF from spending any money to process those applications since 1992 — so that path has effectively been closed for decades.

Bottom line: it is entirely possible to be perfectly legal to possess a firearm under Pennsylvania law and still be a federal felon in possession the moment you buy or hold a gun. Do not test this by trial and error.

How Pennsylvania actually restores firearm rights

Pennsylvania does not have a simple "wait X years and it's automatic for everyone" rule for felony or enumerated-offense disqualifications. The mechanisms that exist are:

• Petition to the Court of Common Pleas, 18 Pa.C.S. § 6105(d). The main route for most people. The court can grant relief if: the conviction was vacated (appeals exhausted or expired); the conviction was the subject of a full pardon by the Governor; or federal firearm relief has been obtained and at least ten years (not counting time incarcerated) have passed since the most recent conviction. Because the federal § 925(c) relief program is unfunded and effectively unavailable, that third ground is out of reach for many applicants unless a court is willing to treat the federal-relief requirement as excused — something you cannot assume in advance.
• Repeat-DUI route (§ 6105(e)(2)). People barred solely for three or more DUIs within five years can seek relief after ten years (excluding incarceration) without a pardon or vacated conviction.
• Mental-health-commitment relief (§ 6105(f)). A separate court process for a past involuntary commitment, in which the court may grant relief if it finds the person may possess a firearm without risk.
• Old-law restoration (18 Pa.C.S. § 6105.1). A narrower statute for people whose disqualifying conviction was under a since-repealed or amended Pennsylvania law and is substantially similar to conduct that today would not be a firearms disqualifier.
• A governor's pardon. A full pardon (on the Board of Pardons' recommendation) is itself a ground for § 6105 relief, and a pardoned conviction is generally eligible to be expunged.

Pennsylvania does not have a rule that firearm rights come back automatically the moment a sentence, probation, or parole is completed for a § 6105(b) enumerated offense — a court order is generally required.

Waiting periods and eligibility

There is no single number that applies to every conviction. What is fairly well established: for the § 6105(d) route tied to the federal-relief ground, and for the repeat-DUI route under § 6105(e)(2), the clock is at least ten years from the most recent qualifying conviction, not counting time incarcerated. Beyond that, whether your specific conviction even qualifies for a ten-year route, or requires a vacated conviction or pardon instead, depends on which subsection it falls under. Do not rely on a number you read online, including this one — confirm the current statute and how it applies to your conviction with the Pennsylvania State Police Firearms Division, the Board of Pardons, or a Pennsylvania firearms lawyer before you act.

Steps to restore your gun rights in Pennsylvania

1. Get your exact conviction records. Pull the certified disposition for every conviction, state and federal, that could be disqualifying, and confirm the exact statute and grading.
2. Sort out which bar(s) apply. Compare your conviction against the § 6105(b) and (c) categories and the federal § 922(g) rules separately — they are not the same list.
3. Identify which Pennsylvania mechanism, if any, fits. A vacated conviction, a full gubernatorial pardon, the ten-year/federal-relief route, the repeat-DUI route, the mental-health-commitment route, or the § 6105.1 old-law route — most people qualify for at most one.
4. File the petition in the right county. Petitions under § 6105 go to the Court of Common Pleas where you live. The Pennsylvania State Police and the district attorney may be notified and may appear and contest the petition.
5. Expect a hearing. The judge decides whether legal requirements are met and whether restoring your rights is consistent with public safety. Costs and timelines vary by county — ask the clerk of courts (prothonotary) for current fees and scheduling.
6. If a pardon is part of your path, apply to the Board of Pardons first. A pardon case can take a year or more, and the Board sets its own eligibility rules and waiting periods before you may apply.
7. Get the restoration order in writing and keep certified copies. Keep your own certified copy of any court order permanently.
8. Confirm the federal effect with a lawyer before you buy or possess anything. A Pennsylvania § 6105 order is not, by itself, proof that federal law allows you to possess a firearm. Get that specific question answered in writing first.

Convictions that are hardest — or impossible — to fix here

Two categories deserve special caution. The § 6105(b) enumerated violent, sexual, and weapons offenses generally cannot be relieved just by waiting; they typically need a vacated conviction or a full gubernatorial pardon, neither of which is guaranteed. More fundamentally, if your disqualifying conviction is a federal conviction, no Pennsylvania court process can restore your federal rights at all — under Beecham, only the federal government could do that, and its own relief program has effectively been closed for decades. If either applies to you, treat possession as off the table until a lawyer confirms otherwise in writing.

Practical, non-negotiable cautions

• Never rely on a clerk's informal comment, a dealer's guess, or an online article (including this one) as confirmation you are federally clear. Get it in writing from the Pennsylvania State Police, the U.S. Attorney's office, or a lawyer who has reviewed your record.
• Do not possess, purchase, or attempt to buy a firearm — including by private sale or inheritance — until you have that written confirmation.
• Laws and agency practices change. Confirm the current statute and current Board of Pardons and court procedures before filing anything; do not rely on secondhand summaries, including this one.

This article is general legal information about Pennsylvania and federal firearms law as of 2026, not legal advice for your situation; consult a licensed Pennsylvania attorney before making any decision about firearm possession.