Amendment 6159 to Senate Bill 501 P.N. 0604, Regular Session 2017-2018

S0501B0604A06159 BIL:EJH 03/19/18 #90 A06159

AMENDMENTS TO SENATE BILL NO. 501

Sponsor: SENATOR RAFFERTY

Printer's No. 604

Amend Bill, page 1, line 5, by striking out the comma after

"firearms" and inserting

and

Amend Bill, page 1, lines 6 through 8, by striking out "and

further" in line 6, all of line 7 and "and for loans on, or

lending or giving firearms prohibited" in line 8 and inserting

and for abandonment of firearms, weapons or ammunition; in

criminal history record information, further providing for

order for limited access

Amend Bill, page 1, line 12, by striking out "and" where it

occurs the third time and inserting a comma

Amend Bill, page 1, line 14, by striking out "repealing

provisions relating to" and inserting

for

Amend Bill, page 1, lines 18 through 20, by striking out all

of said lines and inserting

Section 1. Section 6105(a)(2), (a.1)(2) and (3) and (c)(6)

and (9) of Title 18 of the Pennsylvania Consolidated Statutes

are amended to read:

Amend Bill, page 2, line 28, by striking out the bracket

before "issued"

Amend Bill, page 2, line 29, by striking out "] described in

23 Pa.C.S. § 6108(b)" and inserting a comma

Amend Bill, page 3, line 1, by striking out "6108" and

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inserting

6107(b) (relating to hearings)

Amend Bill, page 3, line 6, by inserting a bracket before

"first"

Amend Bill, page 3, line 6, by inserting after "first"

] second

Amend Bill, page 3, line 12, by striking out the bracket

before the comma after "6108(a)(7)(i)(B)"

Amend Bill, page 3, line 12, by striking out "] or"

Amend Bill, page 3, line 13, by striking out the bracket

before the comma after "sale"

Amend Bill, page 3, line 13, by striking out "] or"

Amend Bill, page 3, line 14, by striking out the bracket

before "or"

Amend Bill, page 3, line 15, by striking out the bracket

after "safekeeping"

Amend Bill, page 3, line 19, by inserting after "of"

an active final protection from abuse order issued

pursuant to 23 Pa.C.S. § 6108 or

Amend Bill, page 3, line 21, by inserting a bracket before

"6108,"

Amend Bill, page 3, line 21, by inserting after "6108"

] 6107(b)

Amend Bill, page 3, line 24, by striking out the bracket

before the colon after "to"

Amend Bill, page 3, line 28, by striking out the bracket

after "(B)"

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Amend Bill, page 4, lines 5 through 25, by striking out all

of said lines

Amend Bill, page 5, lines 2 through 9, by striking out

"[issued pursuant to 23 Pa.C.S. §" in line 2 and all of lines 3

through 9 and inserting

issued pursuant to 23 Pa.C.S. § 6108, is the subject of

any other active protection from abuse order issued pursuant

to 23 Pa.C.S. § 6107(b), which [order] provided for the

relinquishment of firearms during the period of time the

order is in effect or is otherwise prohibited from possessing

or acquiring a firearm under 18 U.S.C. § 922(g)(8). This

prohibition shall

Amend Bill, page 6, line 2, by striking out "a section" and

inserting

sections

Amend Bill, page 6, line 26, by striking out "24" and

inserting

a period not longer than 48

Amend Bill, page 7, lines 5 through 12, by striking out "Any

relinquished firearm shall be considered to be" in line 5, all

of lines 6 through 11 and "(4)" in line 12

Amend Bill, page 7, line 14, by striking out "24" and

inserting

a period not longer than 48

Amend Bill, page 7, line 19, by striking out "24" and

inserting

Amend Bill, page 8, line 10, by inserting after "law"

, or sold or transferred to a person the dealer knows

is a member of the defendant's household

Amend Bill, page 8, line 14, by striking out "A" and

inserting

Any

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Amend Bill, page 8, line 16, by inserting after "agency"

or the sheriff's office, or both,

Amend Bill, page 8, line 21, by striking out "a" and

inserting

any

Amend Bill, page 8, line 22, by striking out "24" and

inserting

Amend Bill, page 9, line 22, by striking out "described in

this section" and inserting

convicted of a crime resulting in a firearm disability

pursuant to section 6105(c)(9)

Amend Bill, page 9, line 23, by striking out "appropriate law

enforcement agency" and inserting

sheriff

Amend Bill, page 9, line 26, by striking out "that the person

possesses" and inserting

or 23 Pa.C.S. § 6108.3 (relating to relinquishment to

third party for safekeeping)

Amend Bill, page 9, line 30; page 10, lines 1 through 30;

page 11, lines 1 through 5; by striking out all of said lines on

said pages and inserting

(h) Penalty.--A person convicted of a crime resulting in a

firearm disability pursuant to section 6105(c)(9) commits a

misdemeanor of the second degree if the person intentionally or

knowingly fails to relinquish a firearm or other weapon or

ammunition to an appropriate law enforcement agency or a dealer

in accordance with this section.

(i) Definition.--As used in this section, the term "firearm"

means any weapon which is designed to or may readily be

converted to expel any projectile by the action of an explosive

or the frame or receiver of any such weapon.

§ 6128. Abandonment of firearms, weapons or ammunition.

(a) General rule.--Firearms, weapons or ammunition which are

itemized on a list required under 23 Pa.C.S. § 6108(a)(7)(v)

(relating to relief) or the possession or acquisition of which

is prohibited under 18 U.S.C. § 922(g)(9) (relating to unlawful

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acts) and relinquished into or otherwise coming into the custody

of a police department, coroner, medical examiner, district

attorney, sheriff or licensed dealer shall be deemed abandoned

when:

(1) Relinquished by its lawful owner pursuant to court

order or executed warrant and no written request to return or

otherwise dispose of the firearms, weapons or ammunition is

made by the lawful owner or the lawful owner's attorney or

duly appointed representative after a period of one year from

the date an order of relinquishment or seizure has expired.

(2) Found, discovered or otherwise passed into the

custody of the police department, coroner, medical examiner,

district attorney, sheriff or licensed dealer and no owner

can be determined after a documented search of the database

of firearms sales maintained by the Pennsylvania State Police

is made at the time the firearms come into the custody of the

police department, coroner, medical examiner, district

attorney, sheriff or licensed dealer and is again made one

year from the date of the first documented search.

(b) Methods of disposal.--If firearms, weapons or ammunition

are deemed abandoned under subsection (a), the custodian may

dispose of the firearms, weapons or ammunition by:

(1) Arranging for the sale of the firearms, weapons or

ammunition to a federally licensed firearms dealer by sealed

bid with proceeds of the sale to be retained by the

custodian.

(2) Arranging for the lawful and complete destruction of

the firearms, weapons or ammunition. Firearms, weapons or

ammunition that cannot lawfully be sold to a federally

licensed firearms dealer in this Commonwealth shall be

destroyed.

weapons or ammunition deemed abandoned under subsection (a)(1)

without first notifying the person who relinquished the

firearms, weapons or ammunition. If the person who relinquished

the firearms, weapons or ammunition fails to respond within 20

days to the notice, the custodian may proceed with disposal of

the firearms, weapons or ammunition. Notification shall be by

certified mail to:

(1) an address where the person relinquishing the

firearms, weapons or ammunition is now known by the custodian

to reside;

(2) the last known address of the person relinquishing

the firearms, weapons or ammunition;

(3) the address of the person relinquishing the

firearms, weapons or ammunition which was provided at the

time of relinquishment; or

(4) the address of the person relinquishing the

firearms, weapons or ammunition which is found after

searching the available sources of address data maintained in

the Commonwealth's databases of motor vehicle registration,

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motor vehicle driver licensing, occupational and professional

licensure, corrections facilities and public assistance.

(d) Illegal seizure.--A custodian who sells or destroys

seized firearms, weapons or ammunition with pending or

unresolved evidentiary challenges to the legality of the seizure

shall be liable to the lawful owner of the illegally seized

firearms, weapons or ammunition for the actual value of the

illegally seized firearms, weapons or ammunition plus reasonable

attorney fees. Actual value shall be determined by the owner,

who shall be required to obtain an estimate of value from a

private third-party licensed firearms dealer.

(e) Public inspection.--A portion of an order or petition or

other paper which includes a list of firearms or other weapons

or ammunition in possession of a custodian under this section

shall be withheld from public inspection except:

(1) upon an order of a court granted upon cause shown;

(2) as necessary, by law enforcement and court

personnel; or

(3) after redaction of information listing firearms,

other weapons or ammunition.

(f) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Custodian." A police department, coroner, medical examiner,

district attorney, sheriff or licensed dealer into whose custody

firearms, weapons or ammunition has passed.

"Firearm." Any weapon which is designed to or may readily be

converted to expel any projectile by the action of an explosive

or the frame or receiver of any such weapon.

Section 3. Section 9122.1(a) of Title 18 is amended by

adding a paragraph to read:

§ 9122.1. Order for limited access.

(a) General rule.--The following shall apply:

* * *

(1.1) An individual subject for the first time to the

entry of a final protection from abuse order pursuant to 23

Pa.C.S. § 6108(a) (relating to relief), who consented to the

entry of the order by stipulation, shall, upon petition, be

eligible for an order for limited access under paragraph (1)

so long as:

(i) at least 10 calendar years have passed since the

expiration or cancellation of the protection from abuse

order;

(ii) the individual has not been subject to any

subsequent final protection from abuse order;

(iii) the individual has not been convicted of any

misdemeanor crime of domestic violence and has not been

convicted of any felony since the expiration of the

protection from abuse order; and

(iv) during the term of the protection from abuse

order, the individual was not convicted of indirect

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criminal contempt for violating the protection from abuse

order.

* * *

Amend Bill, page 11, line 6, by striking out "definitions"

and inserting

definition

Amend Bill, page 11, line 7, by striking out "and

"safekeeping permit""

Amend Bill, page 11, line 8, by striking out "are" and

inserting

Amend Bill, page 11, line 30; page 12, lines 1 through 4; by

striking out all of said lines on said pages

Amend Bill, page 12, line 27, by striking out ", (b)(4)"

Amend Bill, page 12, line 27, by striking out "6108(a)(3)"

and inserting

6108(a) introductory paragraph

Amend Bill, page 12, line 28, by striking out "6108.2

heading, (a), (c)" and inserting

6108.2(a)

Amend Bill, page 13, lines 23 through 30; page 14, lines 1

through 4; by striking out all of said lines on said pages and

inserting

* * *

Amend Bill, page 14, lines 28 through 30; page 15, lines 1

through 9; by striking out all of said lines on said pages

Amend Bill, page 15, line 20, by striking out the bracket

before "section"

Amend Bill, page 15, line 22, by striking out the bracket

after "or"

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Amend Bill, page 17, line 17, by striking out the bracket

before the comma after "sale"

Amend Bill, page 17, line 17, by striking out "] or"

Amend Bill, page 17, line 17, by striking out the bracket

before "or"

Amend Bill, page 17, line 17, by striking out the bracket

after "safekeeping"

Amend Bill, page 17, line 18, by striking out the bracket

before "or"

Amend Bill, page 17, line 18, by striking out the bracket

after "6108.3"

Amend Bill, page 17, line 25, by striking out the bracket

before "6105(f)(4)"

Amend Bill, page 17, line 25, by striking out "] 6105(f)(3)"

Amend Bill, page 18, lines 2 through 14, by striking out "The

court shall inform the defendant that" in line 2 and all of

lines 3 through 14 and inserting

The court shall inform the defendant that firearms,

other weapons or ammunition shall be deemed abandoned

when the conditions under 18 Pa.C.S. § 6128(a) (relating

to abandonment of firearm, weapon or ammunition) are

satisfied and may then be disposed of in accordance with

18 Pa.C.S. § 6128.

Amend Bill, page 18, line 19, by striking out the bracket

before "or"

Amend Bill, page 18, line 19, by striking out the bracket

after "6108.3"

Amend Bill, page 20, lines 8 through 11, by striking out all

of lines 8 through 10 and "(2)" in line 11 and inserting

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(1)

Amend Bill, page 20, line 11, by striking out "seized" and

inserting

relinquished

Amend Bill, page 20, line 13, by striking out "(3)" and

inserting

(2)

Amend Bill, page 20, line 18, by striking out "(4)" and

inserting

(3)

Amend Bill, page 20, line 20, by inserting after "Unit"

or through the National Instant Criminal Background

Check System (NICS)

Amend Bill, page 20, line 28, by inserting after "the" where

it occurs the first time

plaintiff, the

Amend Bill, page 20, line 28, by striking out the comma after

"office" and inserting

and

Amend Bill, page 20, line 29, by striking out "and counsel

for the plaintiff"

Amend Bill, page 21, lines 1 through 11, by striking out all

of said lines and inserting

(a.4) Abandonment.--Any firearms, other weapons or

ammunition shall be deemed abandoned when the conditions under

18 Pa.C.S. § 6128(a) (relating to abandonment of firearm, weapon

or ammunition) are satisfied and may then be disposed of in

accordance with 18 Pa.C.S. § 6128.

Amend Bill, page 21, line 25, by striking out the bracket

before "(c)"

Amend Bill, page 22, line 5, by striking out the bracket

after "court."

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Amend Bill, page 22, line 15, by striking out the bracket

before ""Safekeeping.""

Amend Bill, page 22, line 17, by striking out the bracket

after "order."

Amend Bill, page 22, line 18, by striking out the bracket

before the comma after "sale"

Amend Bill, page 22, line 18, by striking out "] or"

Amend Bill, page 22, line 19, by striking out the bracket

before "or"

Amend Bill, page 22, line 19, by striking out the bracket

after "safekeeping"

Amend Bill, page 22, line 22, by striking out the bracket

before the comma after "order"

Amend Bill, page 22, line 22, by striking out "] or a

temporary order which"

Amend Bill, page 22, line 29, by striking out the bracket

before the comma after "sale"

Amend Bill, page 22, line 29, by striking out "] or"

Amend Bill, page 22, line 29, by striking out the bracket

before "or"

Amend Bill, page 22, line 29, by striking out the bracket

after "safekeeping"

Amend Bill, page 23, lines 4 through 20, by striking out all

of lines 4 through 19 and the bracket in line 20

Amend Bill, page 23, line 22, by inserting a bracket before

"which"

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Amend Bill, page 23, line 24, by inserting a bracket after

"effect,"

Amend Bill, page 24, line 3, by striking out the bracket

after "dealer."

Amend Bill, page 24, line 5, by striking out all of said line

and inserting

Section 7. Section 6108.3(b)(3)(ii) of Title 23 is amended

by adding clauses to read:

Amend Bill, page 24, line 6, by striking out the bracket

before "§"

Amend Bill, page 24, lines 7 through 30; pages 25 through 31,

lines 1 through 30; page 32, lines 1 through 27; by striking out

all of said lines on said pages and inserting

* * *

(b) Transfer to third party.--

* * *

(3) * * *

(ii) A third party who will be accepting possession

of firearms, other weapons and ammunition pursuant to

subsection (a) shall, in the presence of the sheriff or

the sheriff's designee, execute an affidavit on a form

prescribed by the Pennsylvania State Police which shall

include, at a minimum, the following:

* * *

(N) An acknowledgment that the third party and

the defendant are not family or household members.

(O) An acknowledgment that the third party is an

attorney at law, and that the attorney at law and the

defendant are in an attorney-client relationship. The

attorney at law and the defendant shall sign a

written agreement stating in substantially the

following form: "Firearm(s) can be relinquished to

the attorney at law upon the express, written

condition that firearm(s) will be returned to the

defendant, or otherwise transferred, only if in

strict conformance with applicable law."

* * *

Section 8. This act shall apply to orders issued pursuant to

23 Pa.C.S. § 6108 on or after the effective date of this

section.

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Section 9. This act shall take effect in 180 days.

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