§6109. Licenses.
(a) Purpose of license -A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle throughout this Commonwealth.
(b) Place of application.-An individual who is 21 years of age or older may apply to a sheriff for a license to carry a firearm concealed on or about his person or in a vehicle within this Commonwealth. If the applicant is a resident of this Commonwealth, he shall make application with the sheriff of the county in which he resides or, if a resident of a city of the first class, with the chief of police of that city.
(c) Form of application and content.--The application for a license to carry a firearm
shall be uniform throughout this Commonwealth and shall be on a form prescribed
by the
I
have never been convicted of a crime that prohibits me from possessing or
acquiring a firearm under Federal or State law. I am of sound mind and have
never been committed to a mental institution. I hereby certify that the
statements contained herein are true and correct to the best of my knowledge
and belief. I understand that, if I knowingly make any false statements herein,
I am subject to penalties prescribed by law. I authorize the sheriff, or his
designee, or, in the case of first class cities, the chief or head of the
police department, or his designee, to inspect only those records or documents relevant
to information required for this application. If I am issued a license and
knowingly become ineligible to legally possess or acquire firearms, I will
promptly notify the sheriff of the county in which I reside or, if I reside in
a city of the first class, the chief of police of that city.
(d) Sheriff to conduct investigation.--The sheriff to whom the application is made shall:
(1) investigate the
applicant's record of criminal conviction;
(2) investigate whether
or not the applicant is under indictment for or has ever been convicted of a
crime punishable by imprisonment exceeding one year;
(3) investigate whether
the applicant's character and reputation are such that the applicant will not
be likely to act in a manner dangerous to public safety;
(4) investigate whether the applicant would be
precluded from receiving a license under subsection (e)(1) or section 6105(h)
(relating to persons not to possess, use, manufacture, control, sell or
transfer firearms); and
(5) conduct a criminal background, juvenile
delinquency and mental health check following the procedures set forth in section
6111 (relating to sale or transfer of firearms), receive a unique approval
number for that inquiry and record the date and number on the application.
(e) Issuance of license.--
(1) A license to carry a firearm shall be for the
purpose of carrying a firearm concealed on or about one's person or in a
vehicle and shall be issued if, after an investigation not to exceed 45 days,
it appears that the applicant is an individual concerning whom no good cause exists
to deny the license. A license shall not be issued to any of the following:
(i) An individual
whose character and reputation is such that the individual would be likely to
act in a manner dangerous to public safety.
(ii) An individual who has been convicted of an offense
under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act.
(iii) An
individual convicted of a crime enumerated in section 6105.
(iv) An individual who, within the past ten years, has been
adjudicated delinquent for a crime enumerated in section 6105 or for an offense
under The Controlled Substance, Drug, Device and Cosmetic Act.
(v) An individual who is not of sound mind or who
has ever been committed to a mental institution.
(vi) An individual who is addicted to or is an unlawful user
of marijuana or a stimulant, depressant or narcotic drug.
(vii) An
individual who is a habitual drunkard.
(viii) An individual who is charged with or has been
convicted of a crime punishable by imprisonment for a term exceeding one year
except as provided for in section 6123 (relating to waiver of disability or
pardons).
(ix) A resident of another state who does not possess
a current license or permit or similar document to carry a firearm issued by
that state if a license is provided for by the laws of that state, as published
annually in the Federal Register by the Bureau of Alcohol, Tobacco and Firearms
of the Department of the Treasury under 18 U.S.C. § 921(a)(19)
(relating to definitions).
(x) An alien
who is illegally in the
(xi) An individual who has been discharged from
the armed forces of the
(xii) An individual who is a fugitive from justice. This subparagraph does not apply to an
individual whose fugitive status is based upon nonmoving or moving summary offense
under Title 75 (relating to vehicles).
(xiii) An individual who is otherwise prohibited from
possessing, using, manufacturing, controlling, purchasing, selling or
transferring a firearm as provided by section 6105.
(xiv) An individual who is prohibited from possessing
or acquiring a firearm under the statutes of the
(3) The license to carry a firearm shall be
designed to be uniform throughout this Commonwealth and shall be in a form
prescribed by the Pennsylvania State Police. The license shall bear the
following:
(i) The name,
address, date of birth, race, sex, citizenship, height, weight, color of hair,
color of eyes and signature of the licensee.
(ii) The
signature of the sheriff issuing the license.
(iii) A license number of which the first two numbers
shall be a county location code followed by numbers issued in numerical
sequence.
(iv) The point-of-contact telephone number designated by the
Pennsylvania State Police under subsection (l).
(v) The reason
for issuance.
(vi) The period of validation.
(4) The sheriff shall require a photograph of the
licensee on the license. The photograph shall be in a form compatible with the
Commonwealth Photo Imaging Network.
(5) The original license shall be issued to the applicant.
The first copy of the license shall be forwarded to the Pennsylvania State
Police within seven days of the date of issue. The second copy shall be
retained by the issuing authority for a period of seven years. Except pursuant
to court order, both copies and the application shall, at the end of the
seven-year period, be destroyed unless the license has been renewed within the
seven-year period.
(f) Term of license.--
(1) A license to carry a firearm issued under
subsection (e) shall be valid throughout this Commonwealth for a period of five
years unless sooner revoked.
(2) At least 60 days prior to the expiration of
each license, the issuing sheriff shall send to the licensee an application for
renewal of license. Failure to receive a renewal application shall not relieve
a licensee from the responsibility to renew the license.
(g) Grant or denial of license.--Upon the receipt of an application for a license to
carry a firearm, the sheriff shall, within 45 days, issue or refuse to issue a
license on the basis of the investigation under subsection (d) and the accuracy
of the information contained in the application. If the sheriff refuses to
issue a license, the sheriff shall notify the applicant in writing of the
refusal and the specific reasons. The notice shall be sent by certified mail to
the applicant at the address set forth in the application.
(h) Fee.--
(1) In addition
to fees described in paragraphs (2)(ii) and (3), the
fee for a license to carry a firearm is $19. This includes all of the
following:
(i) A renewal notice processing fee of $1.50.
(ii) An administrative fee of $5 under section
14(2) of the act of
(2) (i)
The
(ii) An additional temporary fee of $5 shall be remitted
by the sheriff to the Firearms License to Carry Modernization Account, which is
hereby established as a special restricted receipt account within the General Fund
of the State Treasury. Moneys and investment income in the account shall be
awarded as grants to sheriffs to implement the system, including grants to
reimburse sheriffs for expenses incurred prior to the effective date of this
paragraph.
(iii) Moneys credited to the account and any investment
income accrued are hereby appropriated on a continuing basis to the
Pennsylvania Commission on Crime and Delinquency. The commission shall
establish procedures related to the application process for and distribution of
funds to sheriffs under this paragraph. Notwithstanding the provisions of
subparagraph (ii), the commission may withhold annually an amount not exceeding
5% of the funds credited to the account in that fiscal year for the cost to
implement the system under subparagraph (i) and for
administrative costs directly related to the responsibilities of the commission
under this paragraph.
(iv) This paragraph shall expire five years after its
effective date. Any surplus funds remaining in the account established in
subparagraph (ii) at such time shall lapse into the General Fund.
(3) An additional fee of $1 shall be paid by the applicant
for a license to carry a firearm and shall be remitted by the sheriff to the
Firearms License Validation System Account, which is hereby established as a
special restricted receipt account within the General Fund of the State
Treasury. The account shall be used for purposes under subsection (l). Moneys
credited to the account and any investment income accrued are hereby
appropriated on a continuing basis to the Pennsylvania State Police.
(4) No fee other than that provided by this
subsection or the Sheriff Fee Act may be assessed by the sheriff for the performance
of any background check made pursuant to this act.
(5) The fee is payable to the sheriff to whom the
application is submitted and is payable at the time of application for the
license.
(6) Except for the administrative fee of $5 under
section 14(2) of the Sheriff Fee Act, all other fees shall be refunded if the
application is denied but shall not be refunded if a license is issued and
subsequently revoked.
(7) A person who sells or attempts to sell a
license to carry a firearm for a fee in excess of the amounts fixed under this
subsection commits a summary offense.
(i) Revocation.--A license to carry firearms may be revoked by the
issuing authority for good cause. A license to carry firearms shall be revoked
by the issuing authority for any reason stated in subsection (e)(1) which
occurs during the term of the permit. Notice of revocation shall be in writing
and shall state the specific reason for revocation. Notice shall be sent by
certified mail to the individual whose license is revoked, and, at that time,
notice shall also be provided to the Pennsylvania State Police by electronic
means, including e-mail or facsimile transmission, that the license is no
longer valid. An individual whose license is revoked shall surrender the
license to the issuing authority within five days of receipt of the notice. An
individual whose license is revoked may appeal to the court of common pleas for
the judicial district in which the
individual resides. An individual who violates
this section commits a summary offense.
(i.1) Notice to
sheriff.--Notwithstanding any statute
to the contrary:
(1) Upon conviction of a person for a crime
specified in section 6105(a) or (b) or upon conviction of a person for a crime
punishable by imprisonment exceeding one year or upon a determination that the
conduct of a person meets the criteria specified in section 6105(c)(1), (2),
(3), (5), (6) or (9), the court shall determine if the defendant has a license
to carry firearms issued pursuant to this section. If the defendant has such a
license, the court shall notify the sheriff of the county in which that person
resides, on a form developed by the Pennsylvania State Police, of the identity of
the person and the nature of the crime or conduct which resulted in the
notification. The notification shall be transmitted by the judge within seven
days of the conviction or determination.
(2) Upon adjudication that a person is
incompetent or upon the involuntary commitment of a person to a mental institution
for inpatient care and treatment under the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act, or upon involuntary
treatment of a person as described under section 6105(c)(4), the judge of the
court of common pleas, mental health review officer or county mental health and
mental retardation administrator shall notify the sheriff of the county in
which that person resides, on a form developed by the Pennsylvania State Police,
of the identity of the person who has been adjudicated, committed or treated and
the nature of the adjudication, commitment or treatment. The notification shall be transmitted by the
judge, mental health review officer or county mental health and mental retardation
administrator within seven days of the adjudication, commitment or treatment.
(j) Immunity.--A sheriff who complies in good faith with this section shall be
immune from liability resulting or arising from the action or misconduct with a
firearm committed by any individual to whom a license to carry a firearm has
been issued.
(k) Reciprocity.--
(1) The Attorney General shall have the power and
duty to enter into reciprocity agreements with other states providing for the
mutual recognition of a license to carry a firearm issued by the Commonwealth
and a license or permit to carry a firearm issued by the other state. To carry
out this duty, the Attorney General is authorized to negotiate reciprocity
agreements and grant recognition of a license or permit to carry a firearm
issued by another state.
(2) The Attorney General shall report to the
General Assembly within 180 days of the effective date of this paragraph and
annually thereafter concerning the agreements which have been consummated under
this subsection.
(l) Firearms License Validation System.--
(1) The Pennsylvania State Police shall establish
a nationwide toll-free telephone number, known as the Firearms License
Validation System, which shall be operational seven days a week, 24 hours per
day, for the purpose of responding to law enforcement inquiries regarding the
validity of any
(2) Notwithstanding any other law regarding the confidentiality
of information, inquiries to the Firearms License Validation System regarding
the validity of any
(3) Law enforcement personnel outside this
Commonwealth shall provide their originating agency identifier number and the
license number of the license to carry a firearm which is the subject of the
inquiry.
(4) Responses to inquiries by law enforcement
personnel outside this Commonwealth shall be limited to the name of the licensee,
the validity of the license and any information which may be provided to a
criminal justice agency pursuant to Chapter 91 (relating to criminal history
record information).
(m) Inquiries.--
(1) The Attorney General shall, not later than
one year after the effective date of this subsection and not less than once
annually, contact in writing the appropriate authorities in any other state
which does not have a current reciprocity agreement with the Commonwealth to
determine if:
(i) the state will negotiate a reciprocity agreement;
(ii) a licensee
may carry a concealed firearm in the state; or
(iii) a licensee may apply for a license or permit to
carry a firearm issued by the state.
(2) The Attorney General shall maintain a current
list of those states which have a reciprocity agreement with the Commonwealth,
those states which allow licensees to carry a concealed firearm and those
states which allow licensees to apply for a license or permit to carry a
firearm. This list shall be posted on the Internet, provided to the
(n) Definition.--As used in this section, the term "licensee" means an
individual who is licensed to carry a firearm under this section.
(Apr.
17, 1986, P.L.82, No.28, eff. Jan. 1, 1987; Dec. 19,
1988, P.L.1275, No.158, eff. 180 days; June 13, 1995,
1st Sp.Sess., P.L.1024, No.17, eff.
120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.; Apr. 22, 1997, P.L.73, No.5, eff.
60 days; June 18, 1998, P.L.503, No.70, eff. imd.; Nov. 10, 2005, P.L.335, No.66)
2005
Amendment. Act 66 amended subsecs.
(c), (d), (e), (h), (i) and (k) and added subsecs. (i.1), (l), (m) and (n). Section 14 of Act 66
provided that the
See section 15 of Act 66 in
the appendix to this title for special provisions relating to effective date.
1997 Amendment. Act 5 amended subsec. (a).
1995 Amendment. Act 66 amended
subsecs. (a), (f) and (h).
Cross References. Section 6109
is referred to in sections 913, 6105,
6106, 6107, 6111, 6115, 6124 of this title; section 6108 of Title 23 (Domestic
Relations); sections 2325, 2525 of
Title 34 (Game).