§ 6105.1. Restoration of firearm rights for offenses under prior laws of this Commonwealth.
(a) Restoration.--A person convicted of a disabling offense may make application to the court of common
pleas in the county where the principal residence of the applicant is situated for
restoration of firearms rights. The court shall grant restoration of firearms rights
after a hearing in open court to determine whether the requirements of this section
have been met unless:
(1) the applicant has been convicted of any other offense specified in section 6105(a)
or (b) (relating to persons not to possess, use, manufacture, control, sell or transfer
firearms) or the applicant's conduct meets the criteria in section 6105(c)(1), (2),
(3), (4), (5), (6) or (7);
(2) the applicant has been convicted of any other crime punishable by imprisonment exceeding
one year as defined in section 6102 (relating to definitions); or
(3) the applicant's character and reputation is such that the applicant would be likely
to act in a manner dangerous to public safety.
(b) Notice and standing.--
(1) Notice of an application for restoration of firearms rights shall be provided to the
Pennsylvania State Police, the district attorney of the county where the disabling
offense occurred and the district attorney of the county where the application is
filed. The district attorney of the county where the application is filed, the district
attorney of the county where the disabling offense occurred and the Pennsylvania State
Police may, at their option, be parties to the proceeding.
(2) Notwithstanding paragraph (1), the standing of the Pennsylvania State Police as a
party to a proceeding under this section shall be limited to determinations of whether
the offense meets the definition of the phrase "disabling offense" or whether the
provisions of subsection (a)(1) and (2) have been satisfied.
(c) Copy of order to Pennsylvania State Police.--If the court grants restoration of firearms rights to an applicant, a copy of the
order shall be sent by the prothonotary within ten days of the entry of the order
to the district attorneys and the Pennsylvania State Police, Firearms Division, and
shall include the name, date of birth and Social Security number of the applicant.
(d) Expungement and pardon.--A restoration of firearms rights under this section shall not result in the expungement
of any criminal history record information nor will it constitute a gubernatorial
pardon.
(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given
to them in this subsection:
"Disabling offense." A conviction for any offense which:
(1) resulted in a Federal firearms disability and is substantially similar to either an
offense currently graded as a crime punishable by a term of imprisonment for not more
than two years or conduct which no longer constitutes a violation of law; and
(2) was a violation of either of the following:
(i) the former act of May 1, 1929 (P.L.905, No.403), known as The Vehicle Code, or the
former act of April 29, 1959 (P.L.58, No.32), known as The Vehicle Code; or
(ii) the former act of June 24, 1939 (P.L.872, No.375), known as the Penal Code.
The definition shall not include any offense which, if committed under contemporary
standards, would constitute a misdemeanor of the second degree or greater under section
2701 (relating to simple assault) and was committed by a current or former spouse,
parent or guardian of the victim, by a person with whom the victim shares a child
in common, by a person who is cohabitating with or has cohabitated with the victim
as a spouse, parent or guardian or by a person similarly situated to a spouse, parent
or guardian of the victim.
"Restoration of firearms rights." Relieving any and all disabilities with respect to a person's right to own, possess,
use, control, sell, purchase, transfer, manufacture, receive, ship or transport firearms,
including any disabilities imposed pursuant to this subchapter. The phrase shall also
mean the restoration of the right to vote, to hold public office and to serve on a
jury.
(Dec. 9, 2002, P.L.1391, No.172, eff. imd.)
2002 Amendment. Act 172 added section 6105.1.
Notes of Decisions
Pennsylvania State Police v. Paulshock, 836 A.2d 110 (Pa. 2003).
· cites it 6× “1, 18 Pa.C.S. § 6105.1, does not apply in the present context, as it is limited to convictions under earlier versions of the Vehicle Code or the 1939 Penal Code that would not be currently graded as a crime punishable by more than two years imprisonment or that no longer…”
Com. of PA v. H. Markowitz (Pa. Commw. Ct. 2023).
· cites it 9× “1 of the Pennsylvania Uniform Firearms Act of 1995 (Firearms Act),3 18 Pa.C.S. § 6105.1. See Petition at 1-4; R.”
B.M. Sutton v. PSP (Pa. Commw. Ct. 2023).
· cites it 9× “Sutton “concedes[] that the plain language of 18 Pa.C.S. § 6105.1 does not grant [him] relief[], as he was not convicted of a qualifying ‘disabling offense’ due to the geographic location of his arrest.”
Com. v. Randolph, A., 2025 Pa. Super. 167 (Pa. Super. Ct. 2025).
“§ 6105(d) (allowing for application to the court of common pleas for relief from the disability imposed by this section); see also 18 Pa.C.S. § 6105.1 (outlining procedure for restoration of firearms rights restricted by § 6105).”
M.J. Spell v. PSP (Pa. Commw. Ct. 2015).
· cites it 3× “7 18 Pa. C.S. § 6105.1. 8 To the extent that Applicant may have interspersed additional issues throughout his brief, he has failed to adequately articulate those issues in his statement of questions and failed to develop them in the argument section of his brief.”
Com. v. M.J. Spell (Pa. Commw. Ct. 2017).
“1 states, in pertinent part, a court “shall grant restoration of firearms rights after a hearing in open court to determine whether the requirements of this section have been met…” 18 Pa. C.S. § 6105.1. Essentially, Appellant is requesting this Court to address the merits of his…”
Com. v. Hartleb, R. (Pa. Super. Ct. 2014).
“18 Pa.C.S. § 6105.1. When reviewing the sufficiency of the evidence, we determine derived from the evidence, viewed in the light most favorable to the Commonwealth as verdict winner, was sufficient to establish all of the Commonwealth v.”
18 Pa. Cons. Stat. § 6105.1(a): 4 cases
Pennsylvania State Police v. Paulshock, 836 A.2d 110 (Pa. 2003).
“1, 18 Pa.C.S. § 6105.1, does not apply in the present context, as it is limited to convictions under earlier versions of the Vehicle Code or the 1939 Penal Code that would not be currently graded as a crime punishable by more than two years imprisonment or that no longer…”
Com. of PA v. H. Markowitz (Pa. Commw. Ct. 2023).
“1 of the Pennsylvania Uniform Firearms Act of 1995 (Firearms Act),3 18 Pa.C.S. § 6105.1. See Petition at 1-4; R.”
B.M. Sutton v. PSP (Pa. Commw. Ct. 2023).
“Sutton “concedes[] that the plain language of 18 Pa.C.S. § 6105.1 does not grant [him] relief[], as he was not convicted of a qualifying ‘disabling offense’ due to the geographic location of his arrest.”
18 Pa. Cons. Stat. § 6105.1(a)(1): 1 case
Com. of PA v. H. Markowitz (Pa. Commw. Ct. 2023).
“1 of the Pennsylvania Uniform Firearms Act of 1995 (Firearms Act),3 18 Pa.C.S. § 6105.1. See Petition at 1-4; R.”
18 Pa. Cons. Stat. § 6105.1(b)(1): 1 case
18 Pa. Cons. Stat. § 6105.1(e): 4 cases
B.M. Sutton v. PSP (Pa. Commw. Ct. 2023).
“Sutton “concedes[] that the plain language of 18 Pa.C.S. § 6105.1 does not grant [him] relief[], as he was not convicted of a qualifying ‘disabling offense’ due to the geographic location of his arrest.”
Com. of PA v. H. Markowitz (Pa. Commw. Ct. 2023).
“1 of the Pennsylvania Uniform Firearms Act of 1995 (Firearms Act),3 18 Pa.C.S. § 6105.1. See Petition at 1-4; R.”
M.J. Spell v. PSP (Pa. Commw. Ct. 2015).
“7 18 Pa. C.S. § 6105.1. 8 To the extent that Applicant may have interspersed additional issues throughout his brief, he has failed to adequately articulate those issues in his statement of questions and failed to develop them in the argument section of his brief.”
18 Pa. Cons. Stat. § 6105.1(e)(1): 2 cases
B.M. Sutton v. PSP (Pa. Commw. Ct. 2023).
“Sutton “concedes[] that the plain language of 18 Pa.C.S. § 6105.1 does not grant [him] relief[], as he was not convicted of a qualifying ‘disabling offense’ due to the geographic location of his arrest.”
Com. of PA v. H. Markowitz (Pa. Commw. Ct. 2023).
“1 of the Pennsylvania Uniform Firearms Act of 1995 (Firearms Act),3 18 Pa.C.S. § 6105.1. See Petition at 1-4; R.”
18 Pa. Cons. Stat. § 6105.1(e)(2): 2 cases
Com. of PA v. H. Markowitz (Pa. Commw. Ct. 2023).
“1 of the Pennsylvania Uniform Firearms Act of 1995 (Firearms Act),3 18 Pa.C.S. § 6105.1. See Petition at 1-4; R.”
B.M. Sutton v. PSP (Pa. Commw. Ct. 2023).
“Sutton “concedes[] that the plain language of 18 Pa.C.S. § 6105.1 does not grant [him] relief[], as he was not convicted of a qualifying ‘disabling offense’ due to the geographic location of his arrest.”
18 Pa. Cons. Stat. § 6105.1(e)(2)(i): 1 case
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