In Pennsylvania, it is a serious crime for someone with a felony record to have a gun. This includes having a gun on their person, in their home, or even in a car under their control. The offense is often called “felon in possession of a firearm” or “person not to possess a firearm,” and it is usually charged as a felony.
Why is it so severe? Because Pennsylvania law—and also federal law—wants to keep guns out of the hands of people who have committed serious crimes in the past.
If you are a felon and the police find you with a firearm, you can expect to face second-degree felony charges in many cases. This could mean up to 10 years in prison and fines reaching $25,000. If you have been in trouble before—especially if the crime involved violence or drugs—the punishment might be worse.
In certain cases, it becomes a first-degree felony, punishable by as many as 20 years behind bars, plus the same $25,000 maximum fine.
On top of state penalties, federal laws also ban felons from having guns. If you have certain types of past convictions (like serious drug crimes or violent felonies), federal law can set a mandatory minimum prison term of 15 years. That means you must spend at least 15 years in federal prison if found guilty, no matter what a judge might normally want to do. So, this is not something to take lightly.
Pennsylvania police and courts take gun restrictions seriously. They believe that allowing felons to carry weapons raises the risk of harm to others. Because of that, prosecutors often push for harsh sentences. If you are under investigation or charged with this offense, you should act quickly to protect your rights. Getting advice from a local Pennsylvania attorney can make a big difference in how your case unfolds.
What Is the Minimum Sentence for Felon in Possession of a Firearm?
Pennsylvania used to have strict mandatory minimums for many gun crimes. However, changes in the law mean there is no across-the-board mandatory minimum sentence for felons who have guns. Instead, the sentencing judge looks at guidelines, which suggest a typical penalty. Judges also consider the details of your case, your criminal history, and whether you were doing anything else illegal at the time.
Standard Sentence Range
If your case is charged as a second-degree felony, the usual range might be 3 to 7 years in prison. But this is not a promise. The judge can go higher or lower based on many factors. For instance, if you have a long record or used the gun while committing another crime, the judge will likely impose a harsher sentence.
If your record is minimal and you have reasons why you had the gun (such as personal safety concerns), a judge could choose a lighter penalty. Still, it is a felony offense that judges do not take lightly.
Federal Sentences
Federal sentences can also come into play. Federal law may impose a 15-year mandatory minimum if you have certain prior convictions that fit the “violent felony” or “serious drug offense” category. This is sometimes called the “Armed Career Criminal Act.” If you end up in federal court, you might not have the same flexibility that Pennsylvania judges sometimes show. Instead, you must serve at least 15 years if convicted under that federal rule.
Because of these differences, it is crucial to know whether your charges are in state or federal court—or even both. In many gun cases, local and federal authorities may share information and decide where to prosecute you. You may want to consult with an attorney early on to see if you are at risk of facing federal charges.
Can a Felon Be Around a Person With a Gun?
Under Pennsylvania law, and often under federal law, felons are not allowed to have “constructive possession” of a firearm. Constructive possession means you do not have the gun on you, but you have the power or intention to control it. This can cause trouble if you live with someone else who owns guns. If the guns are easily accessible to you, you might face charges for being in possession of them—even if you never touched them.
Living Arrangements
For instance, if you are a felon living in a home where another adult legally owns firearms, you must make sure those guns are securely locked away from you. They should be in a safe or locked cabinet where you do not have access.
Even so, police may investigate if they believe you had actual or possible control over the weapons. Sometimes, the safest option for a felon is to live in a gun-free home to avoid all risk of new charges.
Being in the Same Car or Room
If a friend or family member has a gun in the car while you are riding along, that can also cause problems. If the police pull you over and discover a firearm, you might be blamed for having it. Unless the lawful gun owner can prove they are the sole possessor—and it is stored in a way you have no control over—it could lead to charges against you.
The short answer is that a felon must be extremely careful being around people who have guns. Any hint that you have access or control over a firearm can bring charges of “felon in possession of a firearm.” That is why many attorneys advise felons to avoid guns entirely, even if they “belong to someone else,” to prevent misunderstandings.
What Weapons Can a Felon Own To Protect Themselves?
If you have a felony record in Pennsylvania, you are barred from owning or using guns. However, the law does not ban all self-defense items. People sometimes wonder what they can legally keep in their homes or carry with them. The answer depends on local laws and the nature of your conviction.
Generally, non-firearm items might be allowed:
- Knives and Other Bladed Tools Simple pocket knives or kitchen knives are usually legal, but some cities restrict how long a blade can be. Also, certain weapons (like switchblades or butterfly knives) may be banned.
- Pepper Spray Pepper spray is legal in many places for self-defense. Pennsylvania typically does not ban pepper spray, although you cannot use it for illegal acts or in prohibited places.
- Tasers or Stun Guns These devices are legal in Pennsylvania, but local rules can vary. You also have to use them responsibly. If you threaten someone without cause, you could face assault charges.
- Household Items Many people keep baseball bats or other objects at home for protection. As long as they are not banned weapons (like brass knuckles in some areas), they might be legal. However, laws can differ, so it is best to do some research or talk to a local Pennsylvania attorney to confirm.
While these items may be allowed for self-defense, they can still become a legal problem if you use them in a wrongful way. If you have concerns, you might want to talk to a lawyer to make sure you stay within the law. Also, be aware that if your felony was related to violence or if your parole conditions bar certain items, you might face extra limits.
Can a Felon’s Gun Rights Be Restored?
Many felons hope to get their gun rights back after serving time or completing probation. In Pennsylvania, it is not easy to do, but it can happen in certain cases. The usual way is:
- Apply for a Governor’s Pardon: A pardon is an official act of forgiveness from the Governor. It does not erase your felony by itself, but it can open the door to clearing your record through Pennsylvania expungement. Once your conviction is gone, you might regain the right to own firearms.
- Seek an Expungement: After a pardon, you may ask the court to expunge your felony record. Expungement means that the record is generally removed from public view. If the judge grants your request, your gun rights might be restored under state law. But you must keep in mind that federal laws can still ban you from owning guns if your felony record meets certain criteria under federal statutes.
- Check Federal Rules: Even if Pennsylvania says your rights are restored, federal law might still treat you as a felon if your entire record was not wiped out. This can put you at risk of federal charges if you buy a gun or take it across state lines.
Some felons want to skip the pardon and find a simpler way, but Pennsylvania law does not allow an “automatic” restoration after a certain number of years. The process often involves a lot of paperwork, court fees, and possibly a hearing. It can take months or even years to complete.
Costs can also be high, especially if you hire an attorney. It is important to weigh whether it is worth it to go through that effort or if you should stick to non-firearm ways to protect yourself.
Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?
If you are charged with possessing a gun as a felon, or if you have questions about your right to bear arms after a conviction, it’s wise to get professional legal help. Contact a Pennsylvania criminal lawyer through LegalMatch to explore your options. A local Pennsylvania attorney who understands gun laws and the expungement process can give you the best chance at defending your rights and navigating the law effectively.
