Pennsylvania is one of the most permissive states in the country when it comes to carrying firearms. You do not need a license to openly carry a handgun or long gun in most parts of the state. But “most parts” is doing a lot of work in that sentence. Pennsylvania’s open carry law comes with a set of restrictions that trip people up constantly, and the consequences of getting it wrong can be serious.
If you have questions about a specific firearms charge or situation, the criminal defense lawyers at Pagano Law are available to help. This post breaks down what Pennsylvania law actually says, where open carry is prohibited, and what can turn a legal carry into a criminal case overnight.
What Pennsylvania’s Open Carry Law Actually Says
Pennsylvania does not require a License to Carry Firearms (LTCF) for open carry in most of the state. If you are legally allowed to possess a firearm under state and federal law, you can generally carry it openly without a permit. That is the baseline rule under 18 Pa. C.S. Section 6106.
The key phrase is “legally allowed to possess.” Open carry rights evaporate the moment you have a disqualifying record. Prohibited persons under Pennsylvania law include anyone convicted of a felony, anyone subject to certain protection from abuse orders, anyone involuntarily committed to a mental health facility, and others defined under state and federal statutes. Carrying while prohibited is a felony, not a summary offense.
Where Open Carry Is Not Allowed in Pennsylvania
This is where most people run into trouble. Even if you are otherwise permitted to carry, Pennsylvania law and local ordinances carve out significant locations where open carry is illegal.
Philadelphia
Philadelphia is the largest exception to Pennsylvania’s general open carry framework. Under 18 Pa. C.S. Section 6108, carrying a firearm on the streets of Philadelphia without a valid LTCF is a criminal offense, whether the gun is openly carried or concealed. There is no open carry without a permit in Philadelphia. Period.
This catches people off guard, especially those who travel to Philadelphia from other parts of the state where they carry openly without any issue. The law applies to streets, sidewalks, and public places within the city.
School Zones
The federal Gun-Free School Zones Act, along with Pennsylvania’s own statutes, prohibits carrying in school zones. This includes the area within 1,000 feet of a public, private, or parochial school. There are narrow exceptions for people with a valid LTCF, but open carry without a license in a school zone is a federal offense carrying up to five years in federal prison.
Pennsylvania also prohibits carrying on school property directly under 18 Pa. C.S. Section 912, regardless of whether you have a permit.
Courthouses and Court Facilities
Carrying a firearm into a courthouse or court facility is prohibited under Pennsylvania law. This applies to concealed carry permit holders as well. The restriction extends to any building housing a court of the Commonwealth.
State and Federal Government Buildings
Federal buildings are governed by federal law, which generally prohibits firearms on the premises. Many state government buildings have similar prohibitions posted. Entering a federal facility with a firearm, regardless of state carry laws, is a federal criminal offense.
Airports
The Transportation Security Administration prohibits firearms beyond security checkpoints. Bringing a firearm into a secure area of an airport is a federal offense.
Private Property
Open carry does not override the rights of private property owners. Businesses, residences, and other private property owners have the right to prohibit firearms on their premises. If you carry openly onto private property after being asked to leave or after a posted prohibition, you may be subject to trespass charges.
Public Transit
SEPTA, the Southeastern Pennsylvania Transportation Authority, prohibits firearms on its vehicles and in its facilities. Violating that prohibition may lead to criminal charges in addition to any firearms-specific offense.
When Open Carry Becomes Reckless Endangerment or Disorderly Conduct
Even in locations where open carry is technically legal, the manner in which you carry can create legal exposure. Pennsylvania law allows charges for reckless endangerment, terroristic threats, and disorderly conduct based on the behavior surrounding a firearm, not just its presence.
For example, handling a firearm in a way that causes reasonable fear to bystanders, brandishing a weapon during an argument, or carrying in a way that creates a substantial risk of injury can all result in criminal charges even if the location itself is not a prohibited one.
Law enforcement also retains the ability to briefly detain someone openly carrying a firearm if there is reasonable suspicion of criminal activity. Simply carrying openly does not, on its own, constitute reasonable suspicion. But the circumstances surrounding the carry matter.
The Difference Between Open Carry and Concealed Carry in Pennsylvania
Pennsylvania requires a License to Carry Firearms for concealed carry statewide. Open carry without a license is permitted in most of the state, but the moment you put on a jacket that covers your holstered firearm, you are legally concealing it, and you need a permit.
This creates a practical problem. Someone who is legally carrying openly may become subject to a criminal charge the moment their carry position becomes concealed by clothing or a bag, even unintentionally. Officers who observe a partially concealed weapon may treat it as concealed carry.
Pennsylvania is also a “shall issue” state, meaning if you apply for an LTCF and meet the legal requirements, the county sheriff is required to issue the license. The application process involves a background check and a fee. Given that a license eliminates most of the restrictions described above (with the exception of federally prohibited locations), many legal gun owners choose to obtain one rather than navigate the line between open and concealed carry.
Preemption and Local Ordinances
Pennsylvania has a strong preemption statute under 18 Pa. C.S. Section 6120, which prohibits municipalities from enacting local firearms regulations more restrictive than state law. With the notable exception of Philadelphia (which has its own legislative carve-out), local governments cannot create their own gun laws that override state standards.
This means you generally do not need to research individual city or township ordinances when carrying in Pennsylvania outside of Philadelphia.
What to Do If You Are Arrested on a Firearms Charge
A firearms charge in Pennsylvania can range from a summary offense to a first-degree felony, depending on the circumstances. If you are arrested or charged, the steps you take in the first 24 hours are crucial. Exercising your right to remain silent and requesting an attorney immediately are the most important things you can do. You can learn more about those first critical hours at our guide on what to do after being arrested in Philadelphia.
Firearms cases often involve constitutional questions around stop and frisk, search and seizure, and the legality of the underlying police encounter. Understanding when Miranda rights are required in Philadelphia is also important. An experienced Philadelphia criminal defense attorney can examine whether the arrest, search, or stop was lawful before addressing the underlying charge.
How We Defend Firearms Offenses
Firearms cases are often more defensible than people assume. Common defense strategies include:
- Challenging the legality of the stop or search. If police did not have reasonable suspicion or probable cause, evidence obtained as a result may be suppressed.
- Challenging constructive possession. If a firearm was found in a shared space, the prosecution must prove you knowingly possessed it.
- Challenging whether the location was actually prohibited. The specific boundaries of school zones, courthouse facilities, and other restricted areas involve factual questions that can be contested.
- Challenging identification. In cases involving eyewitness accounts or surveillance footage, identification issues can be central to the defense.
Some of the hardest cases to defend involve prior record enhancements that elevate what would otherwise be a lower-level charge to a more serious offense.
Facing a Firearms Charge in Philadelphia? Pagano Law Can Help!
If you or someone you know is facing a firearms charge in Philadelphia or the surrounding region, do not wait to hire an attorney. The Philadelphia criminal defense team at Pagano Law has experience handling a wide range of weapons offenses. If you’re facing a gun charge in Philadelphia, it’s important to have an experienced lawyer by your side every step of the way.
