In Pennsylvania, carrying a concealed handgun, or carrying one in your car, without a License to Carry Firearms is a crime. It is a third-degree felony by default. It drops to a first-degree misdemeanor only if you were eligible for a license and committed no other crime. Many people charged under this law are otherwise law-abiding gun owners who did not realize their car counted, or whose license had lapsed.
The charge is serious, but it is also one of the most defensible charges in the Crimes Code.
What the Commonwealth Must Prove
The offense is defined in 18 Pa.C.S. § 6106. The Commonwealth must prove:
You carried a "firearm." Under 18 Pa.C.S. § 6102, that generally means a handgun, or a rifle or shotgun with a short barrel or an overall length under 26 inches. Most full-length hunting rifles and shotguns are not "firearms" under § 6106. (Carrying a loaded long gun in a vehicle is a separate summary offense under § 6106.1.)
You carried it in a vehicle, or concealed on or about your person. Open carry on foot is generally lawful outside Philadelphia without a license. Getting into a car with that same gun is not.
You were outside your home or fixed place of business.
You had no valid license, and no exception applied.
In car cases, the Commonwealth often has to prove possession through circumstantial evidence. A gun found under a seat or in a shared console does not prove that the driver or a passenger knew about it and controlled it. That is a fact question, and it is often the whole case.
Felony or Misdemeanor: Penalties Under § 6106
Felony of the third degree (the default grade, including anyone not eligible for a license): up to 7 years in prison and a $15,000 fine.
Misdemeanor of the first degree (you were otherwise eligible for a license and committed no other crime): up to 5 years in prison and a $10,000 fine.
The grade turns on two questions. First, were you "otherwise eligible" for a license under 18 Pa.C.S. § 6109? Eligibility generally requires being at least 21 and having no disqualifying record. Second, did you commit any "other criminal violation"? Prosecutors often point to a second charge from the same incident to keep the felony grade. Both questions can and should be contested.
The consequences reach past the sentence. A § 6106 conviction can make it illegal for you to possess any firearm under Pennsylvania law. Under federal law, even the misdemeanor version is punishable by more than two years. That alone can trigger the federal ban on gun possession in 18 U.S.C. § 922(g)(1). For many clients, protecting their gun rights matters as much as avoiding jail.
The Exceptions to the License Requirement
Section 6106(b) lists 16 exceptions. The ones that come up most often in practice cover:
People carrying an unloaded gun in a secure wrapper to or from a purchase, a repair shop, a move, or a place of instruction such as a range
Target shooters traveling to or from a range with an unloaded firearm
Licensed hunters, trappers, and anglers while engaged in those activities or traveling to and from them, along with a sportsman's firearm permit
People with a valid carry license from another state that Pennsylvania recognizes
People whose license expired within the past six months and who are still eligible to renew
People transporting a firearm through the state under federal law, 18 U.S.C. § 926A
Law enforcement and members of the military on duty
If an exception fits your facts, the charge may not stand at all.
How Gun Charges Under § 6106 Are Defended
Suppressing the gun. Most § 6106 cases start with a stop or a search. The Pennsylvania Supreme Court has held that carrying a concealed gun, by itself, does not give police reasonable suspicion to stop you. Commonwealth v. Hicks, 208 A.3d 916 (Pa. 2019). The Court has also held that the Pennsylvania Constitution requires both a warrant and probable cause to search a car, with no automobile exception. Commonwealth v. Alexander, 243 A.3d 177 (Pa. 2020). If police broke these rules, the gun can be suppressed. Without the gun, there is no case.
Possession. Was the gun yours? Did you know it was there? Fingerprint and DNA testing, who owned the car, and who else had access all matter.
Grading. If you were eligible for a license, we fight to hold the charge to a misdemeanor or less.
Diversion. Depending on the county and your record, first-time defendants who were eligible for a license may qualify for ARD or another program that ends in dismissal and expungement.
If You Are Stopped While Carrying
Police may ask to see your license, and Pennsylvania law requires you to show it if you have one. Beyond that, stay calm, keep your hands visible, do not consent to a search, and do not explain where the gun came from or why you have it. Ask for a lawyer.
Talk to a Pittsburgh Gun Charge Defense Lawyer
Attorney Adam M. Bishop has defended firearms cases across western Pennsylvania for nearly two decades. He handles cases in Allegheny, Beaver, Washington, Westmoreland, and surrounding counties, and in federal court in the Western District of Pennsylvania. He knows how to challenge an illegal stop, how to fight felony grading, and how to protect a client's right to own firearms in the future.
If you have been charged with carrying a firearm without a license, call Bishop Law LLC at (412) 589-9422 for a confidential consultation. The office is at 220 Grant Street, Suite 301, in downtown Pittsburgh. You can also contact us online.
This post is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts.