PRINTER'S NO. 1260
No. 1101 Session of 1983
INTRODUCED BY PERZEL, MAY 25, 1983
REFERRED TO COMMITTEE ON JUDICIARY, MAY 25, 1983
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, regulating the sale and use of
3 bulletproof vests; and making editorial corrections.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 6102, 6103, 6105, 6106, 6107, 6108,
7 6109, 6110, 6111, 6112, 6113, 6115, 6116 and 6119 of Title 18 of
8 the Pennsylvania Consolidated Statutes are amended to read:
9 § 6102. Definitions.
10 Subject to additional definitions contained in subsequent
11 provisions of this subchapter which are applicable to specific
12 provisions of this subchapter, the following words and phrases,
13 when used in this subchapter shall have, unless the context
14 clearly indicates otherwise, the meanings given to them in this
15 section:
16 "Bulletproof vest." A bulletproof or bullet-resistant vest
17 or similar item of clothing.
18 ["Firearm." Any pistol or revolver with a barrel less than
1 12 inches, any shotgun with a barrel less than 24 inches, or any
2 rifle with a barrel less than 15 inches.]
3 "Crime of violence." Any of the following crimes, or an
4 attempt to commit any of the same, namely: murder, rape,
5 aggravated assault, robbery, burglary, entering a building with
6 intent to commit a crime therein, and kidnapping.
7 "Firearm." Any pistol or revolver with a barrel less than 12
8 inches, any shotgun with a barrel less than 24 inches or any
9 rifle with a barrel less than 15 inches.
10 § 6103. Crimes committed with firearms or bulletproof vests.
11 If any person shall commit or attempt to commit a crime of
12 violence when armed with a firearm or while wearing a
13 bulletproof vest contrary to the provisions of this subchapter,
14 he may, in addition to the punishment provided for the crime, be
15 punished also as provided by this subchapter.
16 § 6105. Former convict not to own or possess a firearm[, etc]
17 or bulletproof vest.
18 No person who has been convicted in this Commonwealth or
19 elsewhere of a crime of violence shall own a firearm or
20 bulletproof vest, or have one in his possession or under his
21 control.
22 § 6106. Firearms and bulletproof vests not to be carried
23 without a license.
24 (a) Offense defined.--No person shall carry a firearm or
25 bulletproof vest in any vehicle or concealed on or about his
26 person, except in his place of abode or fixed place of business,
27 without a license therefor as provided in this subchapter.
28 (b) Exceptions.--The provisions of subsection (a) [of this
29 section] shall not apply to:
30 (1) Constables, sheriffs, prison or jail wardens, or
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1 their deputies, policemen of this Commonwealth or its
2 political subdivisions, or other law-enforcement officers.
3 (2) Members of the army, navy or marine corps of the
4 United States or of the National Guard or organized reserves
5 when on duty.
6 (3) The regularly enrolled members of any organization
7 duly organized to purchase or receive such weapons from the
8 United States or from this Commonwealth.
9 (4) The members of any organization incorporated under
10 the laws of this Commonwealth, engaged in target shooting
11 with rifle, pistol, or revolver, if such members are at or
12 are going to or from their places of assembly or target
13 practice.
14 (5) Officers or employees of the United States duly
15 authorized to carry a concealed firearm.
16 (6) Agents, messengers and other employees of common
17 carriers, banks, or business firms, whose duties require them
18 to protect moneys, valuables and other property in the
19 discharge of such duties.
20 (7) Any person engaged in the business of manufacturing,
21 repairing, or dealing in firearms or bulletproof vests, or
22 the agent or representative of any such person, having in his
23 possession, using or carrying a firearm or bulletproof vest
24 in the usual or ordinary course of such business.
25 (8) Any person while carrying a firearm unloaded and in
26 a secure wrapper or a bulletproof vest from the place of
27 purchase to his home or place of business, or to a place of
28 repair or back to his home or place of business, or in moving
29 from one place of abode or business to another.
30 (9) Persons licensed to hunt or fish in this
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1 Commonwealth, if such persons are actually hunting or fishing
2 or are going to the places where they desire to hunt or fish
3 or returning from such places.
4 (10) Persons training dogs, if such persons are actually
5 training dogs during the regular training season.
6 (c) Registration required in connection with field or stream
7 exemptions.--Before any exemption shall be granted under
8 [paragraphs (b)(9) or (b)(10) of this section] subsection (b)(9)
9 or (10) to any person licensed to hunt or fish or who desires to
10 train dogs, such person shall at the time of securing his
11 hunting or fishing license or any time after any such license
12 has issued, register with the county treasurer the make of the
13 firearm he desires to carry, and the caliber and number thereof,
14 on a blank to be furnished by the Pennsylvania State Police. The
15 original registration shall be delivered to the person
16 registering such firearm, and a copy thereof shall be forwarded
17 by the county treasurer to the Commissioner of the Pennsylvania
18 State Police. [As of January 1, 1972, the] The county treasurer
19 shall be entitled to collect a fee of 50 cents for each such
20 registration of a firearm which fee shall be paid to the county.
21 The registration of a firearm, as provided in this subsection,
22 shall be good only for the year for which the hunting or fishing
23 license in connection with which it is granted, is issued.
24 (d) Revocation of registration.--Any registration of a
25 firearm under subsection (c) [of this section] may be revoked by
26 the county treasurer who issued it, upon written notice to the
27 holder thereof.
28 § 6107. Prohibited conduct during emergency.
29 No person shall carry a firearm, rifle or shotgun upon the
30 public streets or upon any public property during an emergency
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1 proclaimed by a municipal or State governmental executive unless
2 that person is:
3 (1) Actively engaged in a defense of his life or
4 property from peril or threat.
5 (2) Licensed to carry firearms under section 6109 [of
6 this title] (relating to licenses) or is exempt from
7 licensing under section 6106(b) [of this title] (relating to
8 firearms and bulletproof vests not to be carried without a
9 license).
10 § 6108. Carrying firearms or bulletproof vests on public
11 streets or public property in Philadelphia.
12 No person shall carry a firearm, rifle or shotgun or wear a
13 bulletproof vest at any time upon the public streets or upon any
14 public property in a city of the first class unless:
15 (1) such person is licensed to carry a firearm; or
16 (2) such person is exempt from licensing under section
17 6106(b) [of this title] (relating to firearms and bulletproof
18 vests not to be carried without a license).
19 § 6109. Licenses.
20 (a) Issue of license.--The chief or head of any police force
21 or police department of a city, and, elsewhere, the sheriff of a
22 county, may, upon the application of any person, issue a license
23 to such person to carry a firearm or wear a bulletproof vest in
24 a vehicle or concealed on or about his person within this
25 Commonwealth for not more than one year from date of issue, if
26 it appears that the applicant has good reason to fear an injury
27 to his person or property, or has any other proper reason for
28 carrying a firearm or wearing a bulletproof vest, and that he is
29 a suitable person to be so licensed.
30 (b) Form of license.--The license shall be in triplicate, in
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1 form to be prescribed by the Pennsylvania State Police, and
2 shall bear the name, address, description, and signature of the
3 licensee and the reason given for desiring a license. The
4 original thereof shall be delivered to the licensee, the
5 duplicate shall, within seven days, be sent by registered or
6 certified mail to the Commissioner of the Pennsylvania State
7 Police, and the triplicate shall be preserved for six years by
8 the authority issuing said license.
9 (c) Fee.--The fee for issuing such license shall be 50
10 cents, which fee shall be paid into the county treasury, except
11 that if the applicant exhibits a resident hunter's license
12 issued to him for the current license year, the fee shall not be
13 charged.
14 (d) Revocation.--Any such license to carry firearms or wear
15 bulletproof vests may be revoked by the person issuing the same,
16 at any time, upon written notice to the holder thereof.
17 § 6110. Persons to whom delivery shall not be made.
18 No person shall deliver a firearm or bulletproof vest to any
19 person under the age of 18 years, or to one he has reasonable
20 cause to believe has been convicted of a crime of violence, or
21 is a drug addict, an habitual drunkard, or of unsound mind.
22 § 6111. Sale of firearms and bulletproof vests.
23 (a) Time and manner of delivery.--No seller shall deliver a
24 firearm or bulletproof vest to the purchaser thereof until 48
25 hours shall have elapsed from the time of the application for
26 the purchase thereof, and when delivered, said firearm shall be
27 securely wrapped and shall be unloaded.
28 (b) Statement to be signed by purchaser.--At the time of
29 applying for the purchase of a firearm or bulletproof vest, the
30 purchaser shall sign in quadruplicate and deliver to the seller
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1 a statement containing his full name, address, occupation,
2 color, place of birth, the date and hour of application, the
3 caliber, length of barrel, make, model, and manufacturer's
4 number of the firearm to be purchased, and a statement that he
5 has never been convicted in this Commonwealth, or elsewhere, of
6 a crime of violence. The seller shall, within six hours after
7 such application, sign and attach his address and forward by
8 registered or certified mail one copy of such statement to the
9 chief or head of the police force or police department of the
10 city, or the sheriff of the county of the place of business of
11 the seller, the duplicate, duly signed by the seller, shall,
12 within seven days, be sent by him, with his address, to the
13 Commissioner of the Pennsylvania State Police, the triplicate he
14 shall retain for six years, and the quadruplicate with the
15 proper signature and address of the seller shall, within six
16 hours after such application, be forwarded by registered or
17 certified mail to the chief or head of the police force or
18 police department of the city or to the sheriff of the county of
19 which the buyer is a resident.
20 (c) Exemption.--This section shall not apply to sales at
21 wholesale.
22 § 6112. Retail dealer required to be licensed.
23 No retail dealer shall sell, or otherwise transfer or expose
24 for sale or transfer, or have in his possession with intent to
25 sell or transfer, any firearm or bulletproof vest without being
26 licensed as provided in this subchapter.
27 § 6113. Licensing of dealers.
28 (a) General rule.--The chief or head of any police force or
29 police department of a city, and, elsewhere, the sheriff of the
30 county, shall grant to reputable applicants licenses, in form
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1 prescribed by the Pennsylvania State Police, effective for not
2 more than one year from date of issue, permitting the licensee
3 to sell firearms and bulletproof vests direct to the consumer,
4 subject to the following conditions in addition to those
5 specified in section 6111 [of this title] (relating to sale of
6 firearms and bulletproof vests), for breach of any of which the
7 license shall be forfeited and the licensee subject to
8 punishment as provided in this subchapter:
9 (1) The business shall be carried on only in the
10 building designated in the license.
11 (2) The license, or a copy thereof, certified by the
12 issuing authority, shall be displayed on the premises where
13 it can easily be read.
14 (3) No firearm or bulletproof vest shall be sold in
15 violation of any provision of this subchapter.
16 (4) No firearm or bulletproof vest shall be sold under
17 any circumstances unless the purchaser is personally known to
18 the seller or shall present clear evidence of his identity.
19 (5) A true record in triplicate shall be made of every
20 firearm and bulletproof vest sold, in a book kept for the
21 purpose, the form of which may be prescribed by the
22 Pennsylvania State Police, and shall be personally signed by
23 the purchaser and by the person effecting the sale, each in
24 the presence of the other, and shall contain the information
25 required by section 6111 [of this title].
26 (6) No firearm or imitation thereof or bulletproof vest,
27 or placard advertising the sale thereof, shall be displayed
28 in any part of any premises where it can readily be seen from
29 the outside. In the event that the Commissioner of the
30 Pennsylvania State Police shall find a clear and present
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1 danger to public safety within [the] this Commonwealth or any
2 area thereof firearms, rifles [and], shotguns and bulletproof
3 vests shall be stored by licensee during the hours when
4 licensee is closed for business safeguarded pursuant to
5 regulations to be established by the Pennsylvania State
6 Police.
7 (b) Fee.--The fee for issuing said license shall be $10,
8 which fee shall be paid into the county treasury.
9 (c) Revocation.--Any license granted under subsection (a)
10 [of this section] may be revoked by the person issuing the same,
11 upon written notice to the holder thereof.
12 § 6115. Loans on, or lending or giving firearms or bulletproof
13 vests prohibited.
14 No person shall make any loan secured by mortgage, deposit,
15 or pledge of a firearm; nor shall any person lend or give a
16 firearm or bulletproof vest to another or otherwise deliver a
17 firearm or bulletproof vest contrary to the provisions of this
18 subchapter.
19 § 6116. False evidence of identity.
20 No person shall, in purchasing or otherwise securing delivery
21 of a firearm or bulletproof vest or in applying for a license to
22 carry or wear the same, respectively, give false information or
23 offer false evidence of his identity.
24 § 6119. Violation penalty.
25 An offense under this [section] subchapter constitutes a
26 misdemeanor of the first degree.
27 Section 2. This act shall take effect in six months.
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