For survivors of domestic violence, a Protection From Abuse (PFA) order can be a vital safeguard. These orders can include various restrictions on the defendant, including the surrender of firearms. However, Pennsylvania law also allows some flexibility—if both parties agree, the defendant may retain possession of their firearms under certain conditions. Understanding how this works is critical for both survivors and the legal aid attorneys who assist them.
The Legal Framework
When a court grants a PFA order, a judge can require the defendant to surrender firearms, ammunition, and firearm licenses, as outlined in 23 Pa.C.S. § 6108(a)(7). This provision is designed to reduce the risk of violence. However, an exception exists: if both the plaintiff (the person seeking protection) and the defendant agree to terms that do not require firearm surrender, the court may approve this arrangement (23 Pa.C.S. § 6108(a)(7)(v)).
The ability for parties to negotiate firearm retention has been part of Pennsylvania law since Act 66 of 2005. Later, Act 79 of 2018, effective April 10, 2019, strengthened firearm relinquishment requirements, but it did not remove the ability for mutual agreements under the PFA statute.
23 Pa.C.S. § 6108(a)(7) states: "(a) General rule.--The court may grant any protection order or approve any consent agreement to bring about a cessation of abuse of the plaintiff or minor children. The order or agreement may include: (7) Prohibiting the defendant from acquiring or possessing any firearm for the duration of the order and requiring the defendant to relinquish to the sheriff or the appropriate law enforcement agency any firearms under the defendant’s possession or control, or requiring the defendant to relinquish firearms to a third party for safekeeping, as provided in subsection (a.1), or prohibiting the defendant from obtaining or possessing any firearm for the duration of the order."
23 Pa.C.S. § 6108(a)(7)(v) states: "(v) The court may approve a consent agreement that permits the defendant to maintain possession of a firearm, other weapon or ammunition, if the plaintiff agrees to such a condition."
When Can a Defendant Get Their Firearms Back?
A defendant who has been required to relinquish their firearms under a PFA order may be able to regain possession under the following circumstances:
- Expiration of the PFA Order – Once a final PFA order expires, and there are no ongoing legal restrictions, the defendant may petition for the return of their firearms.
- Modification or Dismissal of the PFA Order – If the court modifies or dismisses the PFA order and removes the firearm prohibition, the defendant may request their firearms back.
- Mutual Agreement with the Plaintiff – As permitted by 23 Pa.C.S. § 6108(a)(7)(v), if both parties consent, the court may approve an agreement allowing the defendant to retain their firearms even while the PFA order is in effect.
What This Means for Victims of Domestic Violence
For victims of domestic violence—who may be navigating the PFA process while facing financial instability, housing insecurity, or ongoing threats—the possibility of firearm retention in a PFA agreement can add another layer of concern. Survivors often seek PFAs to feel safer, and knowing that the defendant may still possess a firearm could undermine that sense of security.
Attorneys should ensure that survivors understand their rights and do not feel pressured into agreeing to firearm retention due to fear, coercion, or concerns about negotiating other aspects of the PFA. If a plaintiff agrees to such terms, legal counsel should explore alternative safety planning measures, such as reinforcing stay-away provisions or securing additional legal protections.
Federal Law Considerations
Even if a Pennsylvania court allows a defendant to retain firearms through a PFA agreement, federal law may still prohibit certain individuals from possessing firearms. 18 U.S.C. § 922(g) makes it unlawful for individuals with prior felony convictions, active protective orders meeting specific criteria, or other disqualifying conditions to possess firearms. This means that even with a state-level agreement, federal restrictions could still apply.
18 U.S.C. § 922(g) states: "It shall be unlawful for any person— (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) who is a fugitive from justice; (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (4) who has been adjudicated as a mental defective or who has been committed to a mental institution; (5) who, being an alien—(A) is illegally or unlawfully in the United States; or (B) has been admitted to the United States under a nonimmigrant visa...;"
There may also be additional relevant exceptions to the Federal Law. See 18 U.S.C. § 922(g)(8).
Impact on PFA Negotiations
The issue of firearm retention can significantly impact settlement negotiations in PFA cases. Defendants who rely on firearms for employment (such as law enforcement officers, security personnel, or hunters) may push for an agreement that allows them to retain their weapons. Plaintiffs, on the other hand, may feel torn between agreeing to such a provision and prioritizing their own safety.
Attorneys should be aware of potential power imbalances in these negotiations. Survivors may feel compelled to agree to firearm retention in exchange for other concessions, such as financial support, child custody arrangements, or stronger no-contact provisions. Attorneys must ensure that these agreements are truly voluntary and in the best interests of the client.
Ensuring Client Safety and Legal Protection
Given the complexities surrounding firearm possession in PFA cases, attorneys must take extra steps to protect their clients:
- Thorough Risk Assessments – Evaluate whether allowing firearm retention poses a heightened risk to the plaintiff.
- Client Education – Ensure survivors understand that they are not obligated to agree to firearm retention and explore safety planning options.
- Monitoring for Coercion – Check for signs that the plaintiff is agreeing to terms under duress or fear of retaliation.
- Federal Law Compliance – Verify whether federal law prohibits firearm possession, even if a mutual agreement is reached.
Conclusion
The Pennsylvania PFA Act provides critical protections for survivors of domestic violence, but the option for mutual agreements on firearm retention adds complexity to legal proceedings. While the law allows some flexibility, attorneys representing survivors must remain vigilant to ensure that agreements do not compromise client safety. Attorneys play a vital role in guiding clients through these negotiations, balancing legal rights with the reality of domestic violence dynamics. If you or someone you know is facing a PFA case, North Penn Legal Services can help navigate these challenges and secure the strongest possible protections.
