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Firearms

The information on Firearms provided on this website is intended only as information and does not constitute legal advice, nor does reading, downloading or otherwise using this site create an attorney-client relationship.

This information is not a replacement for an attorney trained in the law who can represent you in a situation involving domestic violence. This information is intended to inform and not to advise. It is based on Pennsylvania law. The statements are general and individual facts in any given case may alter their application or involve other laws not referred to here. This information is updated to reflect current status as of May 1, 2007.

Firearms matters and law are complex; it is best to find an experienced attorney to represent you if you are involved in a Firearms case. In addition, court facilities and processes are not always safe; it is important for a domestic violence victim to contact the local domestic violence program for information about local court practices and procedures and to safety plan about participation in these pretrial processes.

In Pennsylvania, firearms are the most commonly used weapon by abusers who murder intimate partners and family members. In 2006, firearms were used in 50 of Pennsylvania´s 92 domestic violence fatalities. PDF 2006 Annual Fatality Report

In a Protection From Abuse (PFA) petition, a domestic violence victim may ask the court to order that the abuser´s firearms be surrendered. (PA PFA Act: 23 Pa. C.S. § 6108(a)(7)) The term "firearms" as defined in the PFA Act includes both long and short guns. (23 Pa. C.S. § 6102) Even when the court directs that the abuser surrender firearms, the surrender might not happen immediately. Under the PFA Act, the county sheriff´s office is charged with overseeing firearms surrender. (23 Pa. C.S. § 6108(a)(7))

The firearms surrender provisions in the PFA Act PDF are complicated . Firearms and firearms surrender raise safety concerns for domestic violence victims. For assistance in addressing safety concerns surrounding firearms and domestic violence, victims should contact the domestic violence program serving their county.