In Northwestern Pennsylvania, the right to own a firearm is part of everyday life, and losing it, often without realizing it, is more common than people think. A conviction, a mental health commitment, a Protection From Abuse order, or a mistake in a background check record can all take it away. Kevin Burke Law seeks ways to keep your gun rights or have them restored, and defends people charged with firearms offenses across the region.
Who cannot possess a firearm
Two sets of laws apply at once, Pennsylvania’s and the federal government’s, and you have to be clear under both.
Pennsylvania law prohibits possession, purchase or transfer of a firearm by anyone who has been convicted of one of a long list of offenses, mostly felonies but including some serious misdemeanors, and by people in several other categories, including:
- Anyone involuntarily committed for inpatient mental health treatment under section 302, 303 or 304 of the Mental Health Procedures Act
- Anyone subject to an active final Protection From Abuse order that required firearms to be given up, for as long as the order lasts
- Anyone convicted of a misdemeanor crime of domestic violence
- Anyone convicted of DUI three or more times within a five-year period, who may not buy or receive a firearm after the third conviction
- Fugitives, unlawful drug users, and people found incompetent or adjudicated as a juvenile for serious offenses
Federal law prohibits anyone convicted of a crime punishable by more than one year in prison, anyone convicted of a misdemeanor crime of domestic violence, anyone subject to a qualifying protection order, unlawful drug users, anyone committed to a mental institution or adjudicated mentally defective, and several other categories. A trap for Pennsylvanians: federal law counts a state misdemeanor as a “felony” if it carries more than two years. A first-degree misdemeanor in Pennsylvania carries up to five years, so an M1 conviction, even with no jail time, is a lifetime federal prohibition unless rights are restored.
Possessing a firearm while prohibited is itself a serious crime under both systems. If you are not sure where you stand, find out before you buy, inherit or hold a firearm.
Getting your rights back
After a conviction. Pennsylvania law provides relief when the conviction has been vacated, when the Governor has granted a pardon, or, for some offenses, when ten years have passed since the conviction and federal relief has been obtained. A pardon from the Governor, on the recommendation of the Board of Pardons, is the most complete remedy: it restores rights under Pennsylvania law and federal law, and it makes the record eligible for expungement. The pardon process takes time, and the application has to be done carefully. We do not handle pardon cases.
After a PFA. The prohibition from a final Protection From Abuse order ends when the order expires. Firearms that were turned over to the sheriff or a third party can be returned on request, and a petition can be filed if they are not.
Firearms charges
We also defend people charged with firearms offenses, including carrying without a license, possession by a prohibited person, and firearms allegations added to other charges. These cases turn on how the firearm was found, whether the search was lawful, and whether the person was actually prohibited, and the penalties are severe: possession by a prohibited person is a felony.
How our office helps
- We review your record, including old charges, commitments and out-of-state matters, and tell you whether you can lawfully possess a firearm under Pennsylvania and federal law.
- We handle the return of firearms after a Protection From Abuse order ends.
- We defend firearms charges.
We serve Crawford, Elk, Erie, Forest, Lawrence, McKean, Mercer, Potter, Venango and Warren counties.
Common Questions
How can I find out whether I am allowed to own a gun?
Have your record reviewed against both the Pennsylvania and federal lists. A conviction you think of as minor can still be a prohibition, particularly a first-degree misdemeanor, which federal law treats as a felony, and a misdemeanor crime of domestic violence. A mental health commitment or a PFA from years ago can also still be on your record.
Can I get my gun rights back after a felony?
Possibly. In Pennsylvania, rights come back when the conviction is vacated, when the Governor grants a pardon, or for some offenses after ten years once federal relief is granted.
Does a PFA take my guns, and do I get them back?
A temporary PFA can require you to give up your firearms, and a final order that provides for relinquishment prohibits you from possessing any firearm for as long as it lasts, with surrender within 24 hours. When the order expires, the prohibition ends and the firearms can be returned. Federal law also bars possession while a qualifying order is in effect.
Does a DUI affect my gun rights?
A third DUI conviction within five years bars you from buying or receiving firearms under Pennsylvania law. A DUI graded as a first-degree misdemeanor, which carries up to five years, also makes you a prohibited person under federal law. A first-offense DUI generally does not.
Does a misdemeanor conviction affect my gun rights?
It can. Any misdemeanor crime of domestic violence is a lifetime federal prohibition. A Pennsylvania first-degree misdemeanor counts as a felony under federal law because it carries up to five years. Some misdemeanors are also on Pennsylvania’s own prohibited-offense list.
Call for a consultation
Call 814-807-0972 or use the contact form. The consultation fee is $50.
This page is general information as of 2026, not legal advice about your situation.