Do I have to give up my guns when a PFA is entered in Pennsylvania?

Last updated October 4, 2026.

Usually, yes. Every final PFA order entered after a hearing must bar you from acquiring or possessing firearms and require you to relinquish them, and a temporary order can require it too when the petition shows abuse involving a weapon or an immediate and present danger (23 Pa.C.S. 6108(a.1)(1) and 6107(b)(3)). The deadline is short: within 24 hours of service of a temporary order or entry of a final order, or by the close of the next business day if the sheriff's office is closed (6108(a)(7)(i)).

The guns do not have to go to the police. Depending on the stage of the case, Pennsylvania law lets you relinquish them to the sheriff, to a licensed dealer, or to an approved third party. For an overview of our criminal practice, see our criminal defense page. How a PFA order is obtained in the first place is covered on our protection from abuse page.

How does relinquishment work, step by step?

1. The order. The court's order must list each firearm, other weapon or ammunition to be relinquished, and a copy goes to the local police chief and the sheriff of the county where you live (6108(a)(7)(ii)).
2. The clock starts. You have 24 hours from service of a temporary order or entry of a final order, or until the close of the next business day if the sheriff's office is closed.
3. Your choice of method. When a final order is entered, you must tell the court how you will relinquish: to the sheriff or police, to a licensed dealer, or to an approved third party (6108(a)(7)(ii)).
4. The handover. Guns and any firearm license go to the chosen holder, with the dealer's affidavit or the third party's receipt delivered to the sheriff on time. In Delaware County the Sheriff's Office is in Room 101 of the main Courthouse, as shown in what to expect at the Delaware County Courthouse.
5. During the order. You may not acquire or possess firearms, and the holder keeps them for the length of the order unless the court directs otherwise.
6. After the order. When the order or its firearms terms end, the return process below applies.

When does a PFA require relinquishment?

In deciding whether a danger is immediate and present for a temporary order, the judge considers factors listed in 6107(b)(3), including earlier PFA violations, injuries, abuse in public, threats of abuse or suicide, killing or threatening to kill pets, escalating violence, stalking, sexual violence, and drug or excessive alcohol use.

The order covers firearms in your "possession or control" and any firearm license you hold, such as a license to carry. The judge may also order other weapons or ammunition relinquished if they were used or threatened in an incident of abuse (6108(a)(7)). Our page on what happens at the final PFA hearing in Delaware County covers the rest of the order. In Delaware County those hearings are held in the main Courthouse in Media, part of the family court system described in what to expect in Delaware County family court.

How long do I have, and what if I cannot get to a gun?

The order must require relinquishment within 24 hours or by the close of the next business day if the sheriff's office is closed. A longer time is allowed only for "cause" shown at the hearing, and the statute limits cause to being unable to retrieve a specific firearm within 24 hours because of where it is (6108(a)(7)(i)(A) and (C)).

Under a temporary order, a gun that cannot reasonably be retrieved in time can instead be listed, with its current location, in an affidavit given to the sheriff; you may not possess any gun on that list while the temporary order lasts (6108(a)(7)(i)(B)). If neither the guns nor the affidavit arrive on time, the sheriff must notify the court, the plaintiff and law enforcement.

Who can hold my guns?

The third-party option is narrower than many people expect. The third party may not be a member of your household or a family or household member, may not be prohibited from having guns or subject to an active PFA, and you can never have been the subject of a PFA issued on that person's behalf. Since the 2018 amendments, the affidavit must also confirm that the third party is either an attorney at law who represents you, under a written agreement, or a licensed commercial armory (6108.3(b)(3)(ii)). The third party signs a receipt when the guns are handed over, and you must return it to the sheriff within 24 hours of the permit, or by the close of the next business day if the office is closed (6108.3(b)(4) and (5)).

If you gave your guns to the sheriff under a temporary order, you can move them to a third party or a dealer after a final order is entered, and the sheriff transports them to a dealer at no cost to you (6108.3(g); 6108.2(e)).

What happens if I do not relinquish?

A person subject to an active final PFA order, or a temporary order requiring relinquishment, is barred from possessing firearms under 18 Pa.C.S. 6105(c)(6), and the usual 60-day window to sell guns after becoming prohibited does not apply to this group (6105(a)(2)(ii)). Intentionally or knowingly failing to relinquish is a second-degree misdemeanor (6105(a.1)(2)). Federal law can also apply: the PFA Act requires the notice of hearing to explain 18 U.S.C. 922(g)(8) (6107(a)). If you are later arrested for violating the order, police seize the guns involved and any others in your possession (6113(b)), as explained in what happens if you are accused of violating a PFA.

How do I get my guns back?

The state prohibition ends when the order, or its firearms part, expires or is vacated (6105(c)(6)). For guns held by a third party, you and the third party return to the sheriff's office with the safekeeping permit after the order expires; if the sheriff confirms you are not prohibited under federal or state law, the third party returns the guns to you (6108.3(d)(1)). A contempt finding for violating core terms of the order, or a firearms conviction, leads the sheriff to revoke the permit and keep the guns until you are no longer prohibited (6108.3(c)).

Guns held by the sheriff can be treated as abandoned once the conditions of 18 Pa.C.S. 6128(a) are met, and the court must tell you so (6108(a)(7)(ii)), so do not let them sit unclaimed. Someone else who lawfully owns a gun you relinquished can ask the court for its return with proof of ownership and a sworn affidavit; if that owner is a family or household member, the gun must be kept in a gun safe or another location you cannot access (6108(i)).

What changes the answer?

• Temporary, final or agreed. A final order after a hearing must include relinquishment; a temporary order may; a consent agreement may (6107(b)(3); 6108(a.1)).
• Where the guns are. Only inability to retrieve a specific gun within 24 hours because of its location counts as cause for more time (6108(a)(7)(i)(C)).
• Who could hold them. A family or household member cannot be the third party, and since 2018 the third party must be your lawyer under a written agreement or a licensed commercial armory (6108.3(b)(3)).
• Whether you are also charged with a crime. Some convictions bar firearms on their own under 18 Pa.C.S. 6105; our criminal penalties chart shows how grades compare.
• A violation. An arrest for violating the order leads to seizure of every gun in your possession, and a contempt finding can revoke a third-party permit (6113(b); 6108.3(c)). The arrest itself follows the steps in what happens after an arrest in Delaware County.
• How long the order lasts. The prohibition runs with the order, up to three years, and longer if the order is extended.

For example: a hunter served with a final order

Here is a hypothetical. A man who hunts keeps three rifles at home and a shotgun at his brother's cabin in another county. After a hearing, a final PFA order is entered against him on a Thursday afternoon, listing all four guns and his license to carry. He tells the court he will relinquish to a licensed dealer for safekeeping.

By Friday afternoon he delivers the three rifles and his license, and the dealer signs the State Police affidavit, which goes to the sheriff within the deadline. The shotgun cannot be retrieved in time, and because the order is final rather than temporary, the affidavit-in-place-of-delivery option for temporary orders does not apply; at the hearing his lawyer had asked the court to set a specific time for that one gun because of its location, which is the only cause the statute accepts. He cannot give the guns to his brother, a family member. When the order expires, he follows the return steps with the dealer and the sheriff. This example is only an illustration; every case depends on its own facts.

What mistakes do people make with PFA firearms terms?

• Waiting past 24 hours. The deadline is short and starts at service or entry of the order.
• Handing guns to a relative. Family and household members cannot be third-party holders.
• Forgetting the license. Any license to carry must be relinquished too.
• Keeping a gun listed in a temporary-order affidavit. You may not possess any gun on that list while the temporary order lasts.
• Assuming an agreement avoids the issue. A consent agreement can still include relinquishment; read it before signing.
• Letting guns sit after the order ends. Guns held by the sheriff can be treated as abandoned once the conditions in 18 Pa.C.S. 6128 are met.

What should I do this week?

1. Read the order and list every firearm, weapon, ammunition and license it names.
2. Note the exact time of service or entry and count 24 hours.
3. Decide, with a lawyer, whether the sheriff, a dealer or an eligible third party will hold them.
4. Collect receipts, affidavits and permits, and confirm the sheriff received them.
5. Do not buy, borrow or handle any firearm while the order is in effect.
6. Calendar the order's end date so you can begin the return process on time.

Frequently asked questions

Can my spouse or parent keep my guns?

No. A third-party holder may not be a member of your household or a family or household member, and must be your lawyer under a written agreement or a licensed commercial armory (6108.3(b)(3)).

Does a temporary PFA always take my guns?

Not always. A temporary order may require relinquishment when the petition shows abuse involving a weapon or an immediate and present danger, judged by the factors in 6107(b)(3).

Can I sell my guns instead?

After a final order, you may relinquish to a licensed dealer for consignment sale, lawful transfer or safekeeping (6108.2). The usual 60-day window to sell after becoming prohibited does not apply to people subject to these orders (18 Pa.C.S. 6105(a)(2)(ii)).

Is not relinquishing a crime?

Yes. Intentionally or knowingly failing to relinquish as required is a second-degree misdemeanor (18 Pa.C.S. 6105(a.1)(2)), separate from any contempt charge.

What if the PFA is violated later?

Police seize firearms after an arrest for a violation, and a contempt case follows within days; see what happens if you are accused of violating a PFA.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about the firearms terms of a PFA.