Being served with a Temporary Protection from Abuse (PFA) Order can be a confusing and overwhelming experience—especially if you’re a lawful gun owner. In Pennsylvania, a PFA can significantly impact your rights and daily life, sometimes before you’ve even had a chance to respond in court.
Here’s what you need to know if you’ve been served with a temporary PFA and how it affects your ability to possess firearms.
What Is a Temporary PFA?
A Temporary Protection from Abuse Order is issued by a judge in the Court of Common Pleas based solely on the allegations outlined in a petition filed by a plaintiff (often a partner, spouse, or family member). The plaintiff must describe specific incidents of abuse, threats, stalking, or harassment, including dates and any injuries sustained.
This petition is verified by the plaintiff under penalty of law for false claims. If the plaintiff believes the defendant possesses firearms, weapons, or ammunition, they can include that information in the petition.
What Does a Temporary PFA Order Include?
After the petition is reviewed—usually without input from the defendant—the judge may issue a Temporary PFA. Most temporary PFAs will direct the defendant to:
- Avoid all abuse, harassment, or threats against the plaintiff anywhere they may be found
- Avoid all contact with the plaintiff, including through third parties
- Relinquish all firearms, weapons, and ammunition
The order will specify an effective date and an expiration date, which is often set for six months. A final hearing will be scheduled to determine whether the PFA should be made permanent.
How Will I Be Served?
You will typically be served by a law enforcement officer or county sheriff. At the time of service, you can also expect:
- Immediate seizure of your firearms
- Possible temporary eviction from a shared residence with the plaintiff
- A notice of your upcoming hearing date, which is your opportunity to defend yourself
What Happens at the Hearing?
You have the right to:
- Hire an attorney
- Present evidence in your defense
- Subpoena documents and witnesses
If the court finds in favor of the plaintiff, a Final PFA Order may be entered. This order can last up to three years and may permanently affect your firearm rights depending on the outcome.
How Does a PFA Affect Your Right to Firearms?
If a Temporary or Final PFA is granted:
- You may be legally prohibited from possessing any firearm or ammunition
- Possessing a firearm during the period of an active PFA can lead to criminal charges under Pennsylvania’s Uniform Firearms Act (Title 18, Section 6105)
- A conviction under this law can result in permanent loss of your right to own or carry firearms
Additionally, if you attempt to purchase a firearm while under a PFA, federal law prohibits it. On ATF Form 4473, used when buying a gun from a federally licensed dealer, Question 21(i) asks whether you are subject to a court order restraining you from harassing, stalking, or threatening an intimate partner or their child. If your answer is “yes,” your purchase will be denied.
Get the Legal Help You Need
If you have any questions about the topic discussed in this article, please give us a call at Bononi & Company in Greensburg, PA 724-832-2499.