Although the Second Amendment guarantees citizens’ rights to bear arms for personal defense, Second Amendment jurisprudence also recognizes that individuals can forfeit their right to bear arms through wrongful conduct or when necessary to protect themselves or the public. However, when a person loses their firearm rights in Pennsylvania, they may have the opportunity to request restoration of those rights. Because the law limits the circumstances under which a person may restore their gun rights, working with an experienced attorney can improve your chances of success when petitioning the government.
Common Reasons for Losing Firearms Rights
 An individual may temporarily or permanently lose the right to purchase and possess firearms in Pennsylvania under various circumstances, including when they:
- Are convicted of certain offenses under state or federal criminal law, including crimes punishable by more than one year in prison or crimes graded as a Misdemeanor 1 or higher under Pennsylvania state law
- Are adjudicated as mentally ill or involuntarily committed to a mental health institution
- Become subject to an active protection-from-abuse order
- Are convicted of a domestic violence misdemeanor
- Become a fugitive from justice
- Are convicted of an offense involving the use of or addiction to controlled substances
- Lose their immigrant visa or lawful permanent status
- Receive a dishonorable discharge from the U.S. Armed Forces
The Legal Framework for Firearms Rights Restoration
Pennsylvania law establishes how a person may seek restoration of their revoked firearms rights, with the specific framework set forth under 18 Pa. C.S. §6105 and §6105.1. Under federal law, 18 U.S.C. §925 establishes the framework for obtaining restoration of federal gun rights.
The Rights Restoration Process
 Restoring one’s gun rights under Pennsylvania law requires an individual to petition the state trial court for relief. Depending on the circumstances under which one had their firearm rights revoked, an applicant may have to show that they’ve had the conviction causing the loss of their gun rights vacated or expunged, have obtained a governor’s pardon, or have had their firearms rights restored under federal law. When a person has their gun rights revoked due to mental illness, they must prove to the trial court that they no longer pose a threat to themselves or others. Finally, a person subject to a protection-from-abuse order must show that the order has expired or vacated or that the court amended the order to remove the prohibition on firearms.
Contact a Firearms Rights Restoration Attorney Today
 When you decide to apply for restoration of your firearms rights in Pennsylvania, get the legal help you need to give yourself the best chance of success. Contact Chieppor & Egner, LLC, today for a confidential consultation with an experienced attorney to discuss your options and learn how our firm will advocate for your rights.
