When it comes to gun laws in Pennsylvania, there’s a lot to unpack.
For example, there are fewer barriers to buying an assault rifle than to buying a handgun, and cities like Philly largely can’t make local gun regulations that are stricter than our statewide laws.
Here’s an overview of a few of the Keystone State’s gun laws and loopholes, as explained by Venuri Siriwardane, a health reporter at PublicSource who recently sat down to discuss them with City Cast Pittsburgh’s Mallory Falk.
This conversation has been condensed.
Falk: Right now, if you want to buy a gun in Pennsylvania, what does that process actually look like?
Siriwardane: “You have to be 21 to buy a handgun in Pennsylvania. But the minimum age to buy a long gun here is lower, at 18, and the law doesn't distinguish between types of long guns. So you can buy both a manually operated hunting rifle and a semiautomatic weapon, such as an AR-15, which is capable of inflicting much more damage.
“If you buy any gun from a licensed gun dealer, you would have to go through a rigorous background check. But gun safety advocates say there's a pretty gaping loophole in that system, which is the private sale of long guns. [To] privately sell a handgun here, you'd have to go through a licensed gun dealer or your county sheriff's office to complete the sale, which would include a background check on the buyer. But an individual seller doesn't need to perform a background check if they're selling a long gun.”
How does Pennsylvania compare to other states in terms of how strict our gun laws are?
“Gun safety advocates say Pennsylvania isn't a national leader on gun safety. But Pennsylvania has made progress with some important laws. The state does require background checks in most cases, except of course for the private sale of long guns. It requires a concealed carry permit.
“But the state doesn't have what's known as an extreme risk law, which allows law enforcement or family members to petition for a court order to keep a person in crisis from accessing guns. It also doesn't have a secure storage law, which would require gun owners to store their guns locked, unloaded, and possibly kept separate from ammunition.
“I also want to point out that the state doesn't require gun owners to report when their firearm is lost or stolen. About 21 guns go missing every day in Pennsylvania. Those guns could be illegally trafficked to people who aren't allowed to own a gun.”
Cities like Pittsburgh and Philly have tried to create their own gun safety measures. What, if any, role can local governments play when it comes to strengthening our gun laws?
“Preemption is the use of state law to nullify a municipal ordinance. The statewide preemption law is very broad and strong, and it does prevent all types of local gun safety ordinances that may be more robust than state gun safety laws.
“But there is an exception. A Commonwealth Court decision gave Philadelphia and other cities in the state the right to enact ordinances to restrict ghost guns. A ghost gun is a kind of do-it-yourself firearm, made from building blocks that are easier to get. Unlike guns made by a federally licensed manufacturer, they don't have serial numbers and are very difficult to trace. Gun safety advocates have called them the fastest-growing gun safety problem in this country.
“That Commonwealth Court ruling might be challenged. But as of right now, there is no injunction in place, so Philadelphia's ghost guns ordinance has moved forward.”
🎧 Hear more about our state’s gun laws — including changes that some advocates and politicians are pushing for — on today’s episode of City Cast Philly.
