The ability to restore your gun rights in Pennsylvania depends on numerous factors. This includes the reason they were suspended in the first place, your criminal background since that time, and any history you might have with gun-related violence, which can affect your firearms rights. As a premier Pennsylvania gun rights lawyer, Rubin, Glickman, Steinberg & Gifford P.C. has a wealth of experience helping clients restore their gun rights. If you feel your rights have been unfairly infringed upon regarding your right to carry a firearm, we may be able to help.
Our thorough approach has helped countless clients restore their gun rights in Pennsylvania. We have in-depth legal knowledge and a sound strategy that has contributed to our proven track record of success.
Understanding the Loss of Gun Rights in Pennsylvania
In Pennsylvania, the loss of gun rights can stem from various legal issues, including a felony conviction, certain misdemeanors, or charges related to domestic violence. Under federal law, individuals convicted of a felony or a misdemeanor punishable by more than two years in prison are prohibited from possessing firearms. This prohibition extends to those adjudicated as mentally defective or committed to a mental institution. Pennsylvania state law also enforces restrictions, preventing individuals with specific convictions from purchasing or possessing firearms. Understanding these legal frameworks is crucial for anyone seeking to restore their gun rights.
Reasons Gun Rights May Be Revoked in Pennsylvania Due to Felony Conviction
In Pennsylvania, there are many reasons why a person convicted of certain crimes might lose their gun rights. The list is extensive, and firearms laws in Pennsylvania and around the country are only continuing to become more stringent. Reasons your gun rights might be revoked in Pennsylvania include convictions for:
- Stalking
- Domestic violence
- Burglary
- Robbery
- Escape from a correctional facility
Other convictions for violent crime, whether felonies or misdemeanors, may also result in the loss of your gun rights in Pennsylvania. Involuntary commitment to a mental health facility may also mitigate your right to own a gun in Pennsylvania.
However, not all criminal charges should prohibit you from accessing your right to own a gun in Pennsylvania. It is best to consult with a prominent Pennsylvania gun rights lawyer to determine if your criminal background prohibits you from purchasing or owning a firearm. Sometimes, you may be denied the privilege even if your criminal history does not include convictions associated with the cessation of these rights. In these situations, an attorney can help you fight back.
Restoration Options in Pennsylvania
In Pennsylvania, there are two primary avenues for restoring gun rights: obtaining a pardon or seeking an expungement. A pardon, granted by the governor, serves as formal forgiveness for a crime and can reinstate your firearm rights. To be eligible, you must have completed your sentence and demonstrated good behavior. Expungement, on the other hand, involves a court-ordered sealing or erasure of your criminal record. This option is typically available for those convicted of misdemeanors who have also completed their sentences. Both processes require meeting specific criteria and can significantly impact your ability to restore your gun rights.
The Pardon Process
The pardon process in Pennsylvania is a multi-step journey that begins with submitting an application to the Pennsylvania Board of Pardons. This application must include detailed documentation of your conviction and any relevant supporting materials. The Board of Pardons reviews your application and makes a recommendation to the governor. If the governor grants the pardon, your gun rights will be restored. However, it’s important to note that this process can be lengthy, often taking several years to complete. Patience and thorough preparation are key to navigating this complex procedure successfully.
Challenges and Considerations
Restoring gun rights in Pennsylvania is not without its challenges. The pardon process can be particularly daunting, requiring extensive documentation and a significant time investment. Individuals with convictions for violent crimes or a history of mental illness may face additional hurdles. Moreover, even if your gun rights are restored, you may not be able to possess firearms immediately. You might still need to obtain a license or permit and comply with certain restrictions or conditions. Understanding these challenges and preparing accordingly can help you navigate the path to restoring your firearm rights more effectively.
Schedule a Complimentary Consultation with a Pennsylvania Firearm Rights Lawyer
Restoring your gun rights considers many different factors, including why you lost them and what other parameters were in place to restore your other rights. The Pennsylvania State Police play a crucial role in conducting background checks and enforcing firearm regulations. There are instances where you may be denied your rights unfairly. However, at Rubin, Glickman, Steinberg & Gifford P.C., we are firm believers in your right to bear arms in the U.S. We will do everything we can to help you restore your gun rights in Pennsylvania if you are eligible to do so. Our criminal defense background serves us well in accomplishing rights restoration in this area, as do our years of experience as criminal defense lawyers in Pennsylvania.
We are an award-winning law firm with accolades that include U.S. News—Best Law Firms 2021 and an AV® Preeminent Peer Review Rating by Martindale-Hubbell®. Schedule a free consultation with an expert Pennsylvania gun rights lawyer today. Call (215) 822-7575 or contact us online. We are located right off Route 309, in Colmar, Hatfield Township, and offer free and convenient parking. We also maintain a Newtown, PA location.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
April 8, 2025
