Pennsylvania Statewide Rule
Pennsylvania Uniform Firearms Act Preemption (18 Pa.C.S. §6120)
Key Facts
- Note
- Total preemption: cities cannot regulate firearms/ammunition
- Note
- Statute: 18 Pa.C.S. §6120(a). Limitation on regulation
- Note
- Applies to ownership, transfer, transportation, possession
- Note
- Philadelphia, Pittsburgh, Allentown ordinances all struck down
- Note
- License to Carry Firearms (LTCF) issued by county sheriff
- Note
- Concealed carry valid statewide with LTCF
Summary
Pennsylvania law comprehensively preempts local regulation of firearms under 18 Pa.C.S. §6120. Cities and counties cannot regulate lawful ownership, possession, transfer, or transportation of firearms or ammunition. Philadelphia, Pittsburgh, and Allentown have all attempted local gun ordinances and lost in PA appellate courts.
(a) General rule.-No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.
Full Breakdown
Pennsylvania's firearms preemption is among the strongest in the nation. 18 Pa.C.S. Section 6120(a) provides: "No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth." The PA Supreme Court reaffirmed this preemption in Ortiz v. Commonwealth (1996). Multiple cities have attempted local ordinances - Philadelphia's lost-and-stolen reporting and assault-weapons measures, Pittsburgh's 2019 post-Tree of Life package, and Allentown's open-carry restriction - and courts struck them down as preempted. A License to Carry Firearms is issued by county sheriffs under 18 Pa.C.S. Section 6109, valid five years. Pennsylvania requires no permit to purchase long guns; handgun purchases require a PICS background check.
Violations & Penalties
Cities enacting preempted firearm ordinances face civil suits and injunctions. A 2014 law giving individuals a damages-and-fees cause of action (Act 192 of 2014) was struck down in Leach v. Commonwealth, so no such statutory remedy currently exists. Violating state firearm laws is generally a misdemeanor or felony under the Uniform Firearms Act.
Frequently Asked Questions
Can my city in Pennsylvania pass its own gun law?
How do I get a concealed carry permit in PA?
Why have Philadelphia and Pittsburgh tried to pass local gun laws anyway?
Sources
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