Can a felon own an air rifle in pa?

Can a Felon Own an Air Rifle in PA?

The Short Answer:

In the state of Pennsylvania, it is possible for a felon to own an air rifle, but it is not a straightforward process. As a felon, you would need to comply with federal and state laws, as well as Pennsylvania’s specific regulations regarding firearm ownership.

Federal Law:

In the United States, the federal government prohibits felons from possessing or owning firearms, including air rifles, under 18 U.S.C. § 922(g). This law applies to felons who have been convicted of a felony and those who are under indictment or have been charged with a felony.

Pennsylvania State Law:

However, Pennsylvania state law provides some exceptions and additional considerations for felons who wish to own air rifles. Under Pennsylvania Code § 6105(b), the following individuals are prohibited from owning or possessing firearms, including air rifles:

• Convicted felons (with some exceptions)
• Individuals who are under indictment or have been charged with a felony
• Persons who have been involuntarily committed to a mental institution
• Individuals who are subject to a protection-from-abuse order

However, Pennsylvania law also allows certain felons to regain their right to own a firearm, including an air rifle, through a process called "clemency." This involves petitioning the Pennsylvania Governor or a judge to restore your civil rights, including the right to own a firearm.

Clemency and Restoration of Rights:

To regain the right to own a firearm, a felon must file a petition with the Pennsylvania Governor’s Office or a court in the county where they were convicted. The petition must demonstrate that the individual has:

• Completed their sentence
• Been crime-free for a certain period (usually 5-10 years)
• Not been involved in any illegal activities since their release
• Showed good conduct and character

If the petition is approved, the individual may be granted clemency and their right to own a firearm restored.

Air Rifle Restrictions:

Even if a felon’s right to own a firearm is restored, there are still restrictions on the types of air rifles they can own. Pennsylvania law defines an air rifle as any firearm that uses compressed air or gas to propel a projectile, such as a pellet or BB.

According to Pennsylvania Code § 6105(h), the following air rifles are restricted or prohibited:

• Rifles with a muzzle velocity exceeding 700 feet per second (FPS)
• Rifles with a capacity to hold more than 10 pellets or BBs
• Rifles with a silencer or muzzle brake

Felons who have regained their right to own a firearm, including an air rifle, must also comply with any local ordinances or regulations.

Conclusion:

In summary, a felon in Pennsylvania can own an air rifle, but it requires compliance with federal and state laws, as well as Pennsylvania’s specific regulations regarding firearm ownership. Felons must also file a petition for clemency to regain their right to own a firearm and demonstrate that they have not been involved in any illegal activities since their release. Additionally, there are restrictions on the types of air rifles they can own.

Additional Resources:

• Pennsylvania State Police: www.psp.state.pa.us
• Pennsylvania General Assembly: www.legis.state.pa.us
• Federal Bureau of Investigation (FBI): www.fbi.gov

Important Points to Remember:

• Always check with local authorities for specific regulations and restrictions
• Comply with federal and state laws regarding firearm ownership
• File a petition for clemency to regain your right to own a firearm
• Demonstrate good conduct and character to support your petition
• Restricted air rifles include those with high velocity, large capacity, or silencers/muzzle brakes

Table: Restrictions on Air Rifles

Note: This article is meant to provide general information and should not be considered as legal advice. It is recommended that individuals consult with a legal professional or local authorities for specific guidance on firearm ownership laws and regulations.