In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.”  The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself.  Throughout this section, we will be referring mostly to state laws.  Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well.  You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws.  Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws.  If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor.  If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor).  For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun?  If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

It depends.  If you have a PFA order in which the judge told the abuser to give up his firearms, it would be illegal for the abuser to have a gun.¹

Also, even if you don’t have a PFA order, it may be illegal for the abuser to have a gun if s/he has been convicted of certain drug crimes, felony crimes (including stalking, assault, kidnapping, and many others), is a fugitive from justice, or has been declared mentally incompetent.²  For more information, go to If the abuser has been convicted of a crime, can he keep a gun or buy a new gun?

Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances such as when the abuser has been convicted of certain domestic violence-related crimes or if you have an order of protection against the abuser that meets certain requirements.  Go to Federal Gun Laws to get more information.

¹ 18 Pa.C.S.A. § 6105(c)(6)
² 18 Pa.C.S.A. § 6105(b) & (c)

The judge can order the abuser’s guns to be taken away in an ex parte temporary PFA order if based on your petition, the judge believes that:

1. during the abuse, a firearm or other weapon was used; or
2. there is an immediate and present danger of abuse. To determine whether an “immediate and present danger of abuse” exists, the judge will consider a number of factors, including, but not limited to:

• if the temporary PFA order will protect you without ordering the abuser to give up his/her guns;
• whether the abuser has violated a PFA order in the past;
• whether past or present abuse to the you or your children resulted in injury;
• whether the abuse occurred in public;
• whether the abuse included:
  • threats of abuse or suicide;
  • killing or threatening to kill pets;
  • an escalation (increase) of violence;
  • stalking or obsessive behavior;
  • sexual violence; or
  • drug or excessive alcohol use.¹

Therefore, if any of these factors apply to your situation, be sure to include this information in your petition and specifically mention that you want the abuser’s guns to be removed.

If there is no specific mention of a firearm restriction in your temporary order, then you may have to wait until you are given a final PFA order.

¹ 23 Pa.C.S.A. § 6107(b)(3)

In Pennsylvania, it should be automatically written on the PFA order that the abuser cannot own or buy a gun while the order is in effect, but the judge can strike that provision, so it is important that you make it clear to the judge that the abuser’s weapons should be removed. Here are a few steps you can take to help make this clear:

• If the abuser has a gun, tell the judge how many guns s/he has, and if s/he has ever threatened you with a gun(s).
• Ask the judge to write on the order that the defendant must give up all firearms that s/he has or owns as well as any that you listed on your petition.
• Before leaving the courthouse, check to make sure that the gun restriction is written on your order.

It also may be helpful if the judge explains what will happen to the abuser’s guns, who will take them, and where they will be held once you leave the courthouse. The PFA order includes options as to what happens to the abuser’s guns, so you may also want to ask that the judge:

• Require the abuser to give his guns to the sheriff or police, or require the sheriff or police to go to the abuser’s house and get them.
• Make it clear to both you and the abuser how long the guns will be kept away from the abuser.
• Order that the police notify you when the guns are returned to the abuser.¹

Under Pennsylvania state law, a person cannot have or buy a gun if s/he has been convicted of a number of felonies, including murder, assault, stalking, kidnapping, rape, arson, burglary, and robbery.¹  For a full list of the felonies, go to 18 Pa.C.S.A. § 6105, section (b) on our Selected Pennsylvania Statutes page.

In addition to the felonies mentioned above, it may be illegal for a convicted criminal to have a gun if:

• he was convicted of a crime and is a fugitive from justice;

• he was convicted of certain drug crimes; or

• he was convicted of driving under the influence three or more times within a five-year period.²

Federal laws, which apply to all states, also restrict a person’s right to have a gun if s/he has been convicted of certain crimes.  Go to Federal Gun Laws to get more information.

¹ 18 Pa. C.S.A. §6105(b)
² 18 Pa. C.S.A. §6105(c)

If you think the abuser is violating state firearm laws, you can call your local police or sheriff department or the State Police.  If you think the abuser is violating federal firearm laws, you can call the Bureau of Alcohol, Tobacco and Firearms (ATF).

You can find contact information for sheriff departments in your area on our PA Sheriff Departments page.

You can find ATF field offices in Pennsylvania on the ATF website.  For reporting illegal firearm activity, a person can also call 1-800-ATF-GUNS (1-800-283-4867).  Many ATF offices have victim advocates on staff (called “victim/witness coordinators”) and so perhaps you may ask to speak one of these advocates if you are having a hard time connecting with (or receiving a call back from) an ATF officer.

A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials.  You will find contact information for organizations in your area on our PA Advocates and Shelters page.

Note: Generally, the abuser does not have to have knowledge of the law in order to be arrested for breaking the law.  If the abuser has or buys a gun in violation of the law, the abuser can be arrested, whether or not s/he knows that s/he was in violation of the law.¹

¹United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)

Before purchasing a gun from a licensed firearm dealer, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by federal firearms licensees (FFLs), such as firearms dealers or pawnbrokers, to instantly determine whether someone is eligible to receive (own, possess, transport) firearms or explosives.¹ If the abuser has a qualifying protection order against him/her, or has been convicted of a felony or domestic violence misdemeanor in any state, those records should be in the NICS, which should prevent the abuser from legally buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system. Also, it is important to know that background checks are not required for private and online gun sales and so in those situations, the seller is not looking in the NICS.

If the abuser is able to purchase a gun and you believe that s/he should not be able to have one under the law, you can alert the police, and ask that his/her gun be taken away and perhaps the police will investigate. Generally, it is not a good idea to assume that because the abuser was able to buy a gun, it is legal for him/her to have one.

¹ National Criminal Justice Reference Service website

You can still make a plan for your safety.  See our Staying Safe page for more information.  You can also contact your local domestic violence organization for additional help.  You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety.  See our PA Advocates and Shelters page to find a local domestic violence organization near you.

For additional information on gun laws in Pennsylvania, you can go to the Giffords Law Center website.

Trying to understand both federal and state law can be confusing, but there are people out there who can help you better understand the law and your rights under the law.

• You can write to our Email Hotline.

• You can contact a local domestic violence organization in your area. See our PA Advocates and Shelters page for a list of resources.

• You can also contact the National Center on Protection Order and Full Faith & Credit to get more information about federal firearm laws and how they apply to you: 1-800-903-0111, ext. 2.