Blog

When Can I Get My Guns Back After a PFA Order?

Posted by Joseph D. Lento | Apr 09, 2020 | 0 Comments

As part of a Protection From Abuse (PFA) order, the subject of the order may have their gun rights temporarily taken away. In April of 2019, a gun safety bill signed by Governor Tom Wolf went into effect. Under Act 79, all defendants who are subject to a final protection from abuse order are required to turn over all firearms and ammunition if they contested the PFA case. Additionally, anyone convicted of a misdemeanor domestic violence offense will be required to turn over their firearms within 24 hours. 

Previously, individuals convicted of domestic abuse had 60 days to relinquish their weapons and could turn them over to a friend or family member. However, now those convicted of domestic abuse or under a PFA will have to hand over their firearms to a law enforcement agency, licensed firearms dealer, attorney, or commercial armory. 

Do I Have to Give Up My Guns Under a PFA?

A general PFA often includes a firearms restriction. You can check your individual PFA to see whether it includes turning over any guns and ammo. Your Pennsylvania criminal defense attorney will be able to advise you on whether you need to hand over your guns after a PFA is issued. 

Generally, there are a couple of ways to be able to keep your guns after a PFA. If you win a PFA hearing, then the PFA restrictions may be lifted and you will not have to turn over your guns. Additionally, your attorney may be able to negotiate to get a PFA that does not require the relinquishment of guns. However, it is up to the judge to determine whether to approve the PFA agreement. 

It should be noted that almost all judges, in an abundance of caution, will order that a defendant surrender his/her firearms per either a temporary or emergency PFA order pending a final hearing.  What this means is that defendants will almost universally have to turn their guns over to the applicable law enforcement agency, or their attorney, to be stored until subsequent steps in the PFA process.

Getting Your Guns Back After a PFA

If you turn over any guns or ammunition to the sheriff's department or law enforcement agency, you generally have to wait until the temporary or final protection from abuse order has been dismissed or expires. After the PFA is dismissed or expires, you may be required to fill out a form and return the form to the law enforcement agency before your firearms can be returned. 

The following conditions must be satisfied before the firearms and ammo can be returned: 

  • The firearms, other weapons or ammunition relinquished must not be evidence of a crime.
  • The defendant or owner must not be otherwise prohibited by state or federal law, or another condition, from taking possession of the firearms seized.
  • The defendant or owner must have been given a clearance by the Pennsylvania State Police Instant Check System Unit or through the National Instant Criminal Background Check System (NICS).

If the law enforcement agency finds that the conditions for return have not been met, the defendant or owner may file an appeal for a petition for return. 

Pennsylvania Attorney to Dismiss PFA Orders

Pennsylvania attorney Joseph D. Lento has helped challenge PFA orders to keep their firearms and avoid criminal charges. Having your voice heard in this challenging time is critical and the Lento Law firm can help. Contact Joseph D. Lento today at 888-535-3686.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Joseph D. Lento has more than a decade of experience fighting for the futures of his clients in criminal courtrooms in Philadelphia, the Pennsylvania counties, as well as New Jersey. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!

footer-2.jpg

Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu