Pennsylvania Open Carry Laws
Pennsylvania is generally considered an “open carry” state, but the exceptions matter: carrying a firearm in a vehicle or anywhere on the public streets of Philadelphia requires a Pennsylvania License to Carry Firearms (LTCF).
Where open carry is allowed. If you are at least 18 and not prohibited by law from possessing a firearm, you may carry a handgun openly, in plain view, on foot in most public places in Pennsylvania without any license. That includes the public streets and sidewalks of Pittsburgh and the rest of Allegheny County. The rules come from the Uniform Firearms Act, Chapter 61 of the Pennsylvania Crimes Code.
Where a License to Carry Firearms is required. Under 18 Pa.C.S. § 6106, carrying a firearm in a vehicle without a license is treated the same as carrying it concealed, so you need an LTCF to have a handgun in your car, even in plain view on the seat. You also need one to carry concealed anywhere outside your home or fixed place of business. In Philadelphia, a city of the first class, 18 Pa.C.S. § 6108 requires a license to carry on public streets or public property at all, openly or concealed.
Who is prohibited from carrying. Some people cannot lawfully carry a firearm in Pennsylvania at all, openly or concealed, because state law (18 Pa.C.S. § 6105) or federal law bars them from possessing one. Individuals with the following attributes are not permitted to carry an open or concealed weapon in Pennsylvania:
- Convicted of drug or illegal substance crimes, or are current users of illegal drugs;
- Convicted of domestic violence crimes;
- Convicted of felonies of any nature;
- Has a history of mental illness or have ever been involuntarily committed to a mental institution;
- Have been adjudicated delinquent within the last ten years;
- Are people unlawfully present in the United States;
- Are fugitives from justice;
- Dishonorably discharged from any branch of the U.S. armed forces.
Carrying while prohibited also affects a self-defense claim: under Pennsylvania’s Castle Doctrine and stand your ground law, the right to stand your ground outside the home is not available to someone in illegal possession of a firearm.
Is Pennsylvania an Open Carry State?
Yes, Pennsylvania is generally an open-carry state, meaning individuals legally allowed to own a firearm can openly carry one without a permit. However, there are important exceptions:
- A concealed carry license (LTCF, License to Carry Firearms) is required to carry a firearm openly in Philadelphia (due to it being a “city of the first class”).
- Open carry is not permitted in certain locations, including schools, courthouses, federal buildings, and private property where firearms are prohibited.
- Certain individuals, such as felons or those with specific legal restrictions, cannot carry firearms.
Is Pennsylvania a Constitutional Carry State?
No. Pennsylvania is not a constitutional carry state. Constitutional carry, also called permitless carry, means a state lets anyone who can legally own a handgun carry it concealed without a permit. Pennsylvania has not adopted that rule.
Open carry outside Philadelphia does not require a license. Concealed carry does, and so does carrying a firearm in a vehicle or on the public streets of Philadelphia. In each of those situations you need a License to Carry Firearms, and carrying without one is the offense covered in the penalties section below.
Bills to make Pennsylvania a permitless carry state have been introduced in the General Assembly, but none has become law. Pennsylvania does honor carry licenses from states that have a reciprocity agreement with the Commonwealth.
How to Get a License to Carry Firearms in Pennsylvania
Pennsylvania residents apply for a License to Carry Firearms through the sheriff of the county where they live. Pittsburgh residents, like everyone else in Allegheny County, apply to the Allegheny County Sheriff’s Office. Philadelphia residents apply to the city’s police department instead. Applicants must be at least 21. The application covers the eligibility questions in 18 Pa.C.S. § 6109, and the issuing agency runs a background check through the Pennsylvania State Police before it decides. The State Police publish the current requirements on their Carrying Firearms in Pennsylvania page.
The sheriff’s office has forty-five days to determine eligibility for a license, and may deny authorization to any individuals with criminal records or certain characteristics that prohibit them from legally holding firearms. The sheriff can also deny a license for reasons that fall short of a possession ban. One example is a history of repeated convictions for driving under the influence of alcohol or drugs. If the application is denied, the applicant is entitled to the reason and can appeal the decision.
Penalties for Carrying a Concealed Weapon Without a License in PA
Under the Pennsylvania State Constitution (Art. I § 21), all citizens preserve a right to “bear arms in defense of themselves and the State.” Because Pennsylvania maintains an open carry policy, anyone who is at least 18 years of age and is not prohibited by law from owning and holding firearms may openly carry a handgun in plain sight without a license, except in vehicles. However, you must obtain a permit to carry a concealed weapon.
Exceptions to this rule are:
- You are allowed to legally carry a concealed weapon in your own home without a permit.
- You are allowed to legally carry a concealed weapon in your fixed place of business without a permit.
Notwithstanding the exceptions above, any person found to be carrying a firearm in any vehicle or concealed on or about their person, without a valid license, can be charged with a felony of the third degree (Pennsylvania Criminal Code, Title 18 § 6106). This scenario would occur if the person is found to be ineligible to possess a valid license. A third-degree felony sentence can result in up to seven years in prison with a maximum fine of $15,000.
A person who is otherwise qualified to possess a valid license but is caught with concealed weapons without a permit, except in their place of abode or fixed place of business, can be charged with a misdemeanor of the first degree. If convicted, you can face potential jail time of up to five years and a fine of up to $10,000.
Exemptions to the concealment violation can be found here.
The line between lawfully exercising your rights and a felony conviction often comes down to a single traffic stop. When the Commonwealth charges carrying without a license as a felony of the third degree, we work to show that our client was “otherwise eligible” for a license, which can reduce the grading to a misdemeanor of the first degree. We examine every part of the case, from the legality of the initial stop to the accuracy of the police report, to determine whether law enforcement exceeded its authority. Concealed carry charges are often filed alongside related counts such as possessing instruments of crime or possession of a firearm by a prohibited person, and each count needs its own defense.
For many clients, the main concern is protecting their livelihood after a citation or arrest. We work to reduce the impact of these charges on your record, test whether the Commonwealth can prove every element of the offense, and, where it applies, pursue the restoration of firearm rights so that a single mistake does not mean an automatic loss of your Second Amendment rights.
If you are facing weapons charges, our Pittsburgh firearms and weapons defense attorneys can help. We handle all types of gun-related offenses across Allegheny County and Western Pennsylvania.
Gun Laws in Pittsburgh & Allegheny County
State law controls in Pittsburgh. In 2019, Pittsburgh City Council passed measures restricting assault-style weapons, high-capacity magazines, and armor-piercing ammunition within city limits. Those ordinances were struck down by the Pennsylvania courts as preempted by state law: Pennsylvania’s preemption statute (18 Pa.C.S. § 6120) generally prevents municipalities from regulating firearms more strictly than state law, and the city cannot enforce them. The open carry, concealed carry and licensing rules described above apply in Pittsburgh the same way they apply in the rest of Allegheny County.
If you are stopped or arrested on a weapons charge anywhere in Allegheny County, whether in Pittsburgh, the South Hills, the North Hills, or surrounding boroughs, the specific circumstances of your location and the officer’s jurisdiction matter. Law enforcement in Allegheny County routinely conducts traffic stops along I-376, Route 28, and in neighborhoods like the South Side and Downtown Pittsburgh where nightlife-related firearm incidents are common. An experienced weapons defense attorney who understands local enforcement patterns can make a critical difference in your case outcome.
Frequently Asked Questions About Concealed Carry & Open Carry in Pennsylvania
Can you carry a concealed weapon in your car in PA?
Not without a License to Carry Firearms (LTCF). Under Pennsylvania law, any firearm inside a vehicle is considered concealed, regardless of whether it is in plain sight on the seat or stored in the glove compartment. Carrying a firearm in your car without an LTCF is a felony of the third degree if you are ineligible for a license, or a first-degree misdemeanor if you are otherwise eligible. The only exception is transporting an unloaded firearm to or from a place of purchase, repair, or shooting range. For more on building a defense, read our guide on defending against concealed weapon charges in Pennsylvania.
Do you need a permit to open carry in Pennsylvania?
In most of Pennsylvania, no, you do not need a permit to open carry a firearm if you are 18 or older and legally allowed to possess a gun. The major exception is Philadelphia, which is classified as a “city of the first class” and requires an LTCF for both open and concealed carry. Pittsburgh does not have the same restriction; state law controls there. You should also be aware that open carry is prohibited in courthouses, schools, and federal buildings.
What are the gun laws in Pittsburgh?
Pittsburgh follows Pennsylvania state law on firearms. In 2019, the city passed restrictions on assault-style weapons and high-capacity magazines, but the Pennsylvania courts struck them down as preempted by the state preemption law (18 Pa.C.S. § 6120), which generally bars municipalities from creating their own gun regulations. In practice, Pittsburgh police enforce state firearms laws, and weapons charges in Pittsburgh are prosecuted through the Allegheny County court system. If you have been charged, contact our firearms defense team for a free consultation.
Can you carry a gun without a permit on your own property in PA?
Yes. Pennsylvania law allows you to carry a firearm, either openly or concealed, on your own property without a License to Carry Firearms. This includes your home and your fixed place of business. However, once you step off your property onto public land or enter a vehicle, standard open carry and concealed carry rules apply. If you were arrested while on or near your own property, this is an important defense element that an attorney should examine.
Is it legal to carry a loaded gun in your car in Pennsylvania?
Only if you have a valid LTCF. Without a license, carrying a loaded firearm in your vehicle is a criminal offense under 18 Pa.C.S. § 6106. Even with an LTCF, you must carry the license on your person whenever you have a firearm in your vehicle and present it to law enforcement upon request. Transporting an unloaded firearm secured in a case to or from a range or place of purchase is permitted without an LTCF under specific conditions outlined in the statute.
What is the penalty for carrying a concealed weapon without a permit in PA?
The penalty depends on whether you are eligible for a license. If you are ineligible (for example, due to a felony conviction or domestic violence conviction), concealed carry without a license is a felony of the third degree, carrying up to seven years in prison and a $15,000 fine. If you are otherwise eligible for a license but simply did not obtain one, the charge is a misdemeanor of the first degree, carrying up to five years in prison and a $10,000 fine.
Can a felon own a gun in Pennsylvania?
No. Under both federal law (18 U.S.C. § 922(g)) and Pennsylvania law (18 Pa.C.S. § 6105), individuals convicted of felonies are prohibited from possessing firearms. This applies to all firearms, including handguns, rifles, and shotguns. In some cases, rights may be restored through a pardon from the Governor or through an expungement process, but these are complex legal proceedings that require experienced legal counsel.
Do I need to register my gun in Pennsylvania?
Pennsylvania does not have a statewide firearms registry. You are not required to register handguns, rifles, or shotguns. However, when you purchase a handgun from a licensed dealer, the sale is recorded through the Pennsylvania Instant Check System (PICS). Private sales of handguns must also go through a licensed dealer or the county sheriff’s office. Long guns (rifles and shotguns) can be privately transferred without a background check, though federal law still prohibits sales to prohibited persons.
Is Pennsylvania a constitutional carry state?
No. Pennsylvania has not adopted permitless carry. You can open carry without a license in most of the state if you are 18 or older and legally allowed to possess a firearm, but you need a License to Carry Firearms to carry concealed, to carry a firearm in a vehicle, and to carry at all on the public streets of Philadelphia.
Can you open carry in Pittsburgh?
Yes. State law applies in Pittsburgh, so an adult who is legally allowed to possess a firearm can open carry in the city without a license, subject to the same location limits as the rest of the state. The city’s 2019 firearm ordinances were struck down by the Pennsylvania courts. You still need a License to Carry Firearms to carry concealed or to carry a firearm in a vehicle anywhere in the city.
Contact an Experienced Pennsylvania Gun Law Attorney at Worgul, Sarna & Ness
If you have been recently accused of carrying concealed firearms without a license, or are facing concealment of weapons-related charges, you will need assistance from an experienced Pittsburgh firearms lawyer. At Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC, we will walk you through all the legal options in your case. First, we review the evidence against you and, where the record supports it, file motions to suppress or exclude it.
In the past, we have successfully negotiated with the Commonwealth for reduced or dismissed charges against our clients on other weapons violations. Call (412) 281-2146 any time or send us a message to request a free consultation.
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