PRINTER'S NO. 3376
No. 2600 Session of 1994
INTRODUCED BY ITKIN, MICHLOVIC, THOMAS, HUGHES, PITTS, RIEGER,
CURRY, RITTER, SANTONI, STURLA, BUXTON, M. COHEN, COWELL,
L. I. COHEN, MELIO, ROONEY, STETLER, CORRIGAN, JOSEPHS,
LEVDANSKY, PISTELLA, EVANS, BURNS, RICHARDSON, MANDERINO,
CORNELL AND J. TAYLOR, MARCH 21, 1994
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 21, 1994
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
2 Relations) of the Pennsylvania Consolidated Statutes, further
3 defining "firearm"; defining "semiautomatic firearm"; further
4 providing for the possession, delivery and storage of
5 firearms; defining the offense of possession of altered
6 weapon; providing for the registration, possession and
7 relinquishment of assault weapons and for related procedures
8 and for liability of parent of child possessing weapon; and
9 providing penalties.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The definition of "firearm" in section 6102 of
13 Title 18 of the Pennsylvania Consolidated Statutes is amended
14 and the section is amended by adding a definition to read:
15 § 6102. Definitions.
16 Subject to additional definitions contained in subsequent
17 provisions of this subchapter which are applicable to specific
18 provisions of this subchapter, the following words and phrases,
19 when used in this subchapter shall have, unless the context
20 clearly indicates otherwise, the meanings given to them in this
1 section:
2 * * *
3 "Firearm." Any pistol or revolver with a barrel less than 15
4 inches, any shotgun with a barrel less than 18 inches or any
5 rifle with a barrel less than 16 inches, or any pistol,
6 revolver, rifle or shotgun with an overall length of less than
7 26 inches[.] or any semiautomatic firearm and any self-loading
8 rifle or pistol regardless of barrel length or overall length.
9 The barrel length of a firearm shall be determined by measuring
10 from the muzzle of the barrel to the face of the closed action,
11 bolt or cylinder, whichever is applicable.
12 "Semiautomatic firearm." A pistol, revolver, rifle or
13 carbine requiring a separate pull of the trigger for each shot
14 fired and which uses the energy of the discharge to perform a
15 portion of the operating or firing cycle.
16 * * *
17 Section 2. Title 18 is amended by adding sections to read:
18 § 6110.1. Possession of firearm by minor.
19 (a) Firearm.--The possession of a firearm by a minor under
20 18 years of age is unlawful unless the minor is under the
21 supervision and in the presence of a parent, grandparent, legal
22 guardian or an adult acting with the express written consent of
23 the minor's custodial parent or legal guardian and:
24 (1) the minor is engaged in lawful activity, including,
25 but not limited to, hunting or trapping with a valid license,
26 safety training, target shooting at an established range or
27 engaging in an organized competition involving the use of a
28 firearm; or
29 (2) the firearm is unloaded and the minor is
30 transporting it for a lawful purpose.
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1 (b) Responsibility of parent or other adult.--Any parent,
2 legal guardian or other adult responsible for the welfare of a
3 minor under 18 years of age who knowingly permits the minor to
4 have a firearm in his possession in violation of subsection (a)
5 commits a felony of the third degree.
6 (c) Forfeiture.--Any firearm in the possession of a minor in
7 violation of this section shall be deemed to be contraband and
8 shall be promptly seized by the arresting law enforcement
9 officer and shall be subject to forfeiture as otherwise provided
10 by law.
11 § 6110.2. Storage of firearms.
12 (a) General rule.--It is unlawful for any person to store or
13 leave a firearm on a premises under his control if he knows or
14 reasonably should know that a minor under 18 years of age is
15 likely to gain access to the firearm.
16 (b) Prima facie evidence.--Possession of a firearm by a
17 minor without the lawful permission of the minor's parent or
18 other responsible adult shall be prima facie evidence of a
19 violation of this section if the firearm belonged to the
20 defendant.
21 (c) Defense.--It is a defense to a charge under this section
22 if the defendant proves that the firearm was stored in a locked
23 box or container or in a location which a reasonable person
24 would believe to be secure.
25 Section 3. Section 6111(a) of Title 18 is amended and the
26 section is amended by adding a subsection to read:
27 § 6111. Sale of firearms.
28 (a) Time and manner of delivery.--No seller shall deliver a
29 firearm to the purchaser thereof until [48 hours] five business
30 days shall have elapsed from the time of the application for the
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1 purchase thereof, and when delivered, said firearm shall be
2 securely wrapped and shall be unloaded.
3 * * *
4 (d) Criminal history determination.--Upon receipt of the
5 application in accordance with subsection (b), the Pennsylvania
6 State Police shall conduct a criminal history record check of
7 the prospective purchaser.
8 Section 4. Title 18 is amended by adding a section to read:
9 § 6117.1. Possession of altered weapon.
10 (a) Offense defined.--It is unlawful for any person to
11 possess any firearm upon which the name of the maker, model,
12 manufacturer's number or other mark of identification has been
13 changed, altered, removed or obliterated.
14 (b) Grading.--An offense under this section constitutes a
15 summary offense punishable by a fine of $500.
16 (c) Forfeiture.--Ownership or possession of a weapon altered
17 under this section shall be forfeited and the weapon may be
18 destroyed.
19 (d) Amnesty.--No criminal proceeding shall be initiated
20 under this section or section 6117 (relating to altering or
21 obliterating marks of identification) against any person who
22 voluntarily and prior to the commencement of a criminal
23 investigation submits a weapon to the Pennsylvania State Police
24 or a local law enforcement agency and who relinquishes all
25 rights to ownership or possession of the weapon.
26 Section 5. Chapter 61 of Title 18 is amended by adding a
27 subchapter to read:
28 CHAPTER 61
29 FIREARMS AND OTHER DANGEROUS ARTICLES
30 * * *
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1 SUBCHAPTER D
2 ASSAULT WEAPONS
3 Sec.
4 6181. Definitions.
5 6182. Determination by court.
6 6183. Registration.
7 6184. Relinquishment of weapons.
8 6185. Licensed gun dealers.
9 6186. Penalties.
10 6187. Application of subchapter.
11 § 6181. Definitions.
12 The following words and phrases when used in this subchapter
13 shall have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Assault weapon."
16 (1) A semiautomatic firearm which is one of the
17 following weapons, or a semiautomatic variant of one of the
18 following weapons, without regard to manufacturer.
19 (i) The following rifles and carbines:
20 Avtomat Kalashnikov.
21 UZI.
22 Beretta AR-70 (SC-70).
23 CAR-15 series.
24 Galil.
25 Daewoo K-1, K-2, Max 1 and Max 2.
26 FAMAS MAS223.
27 SKS with detachable magazine.
28 AR-180.
29 Bushmaster Assault Rifle.
30 Calico M-900 and M-100.
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1 Mandall, TAC-1 Carb.
2 PJK-M68.
3 Valmet series AK variants.
4 Weaver Arms, Nighthawk.
5 HK90 series with retractable stocks.
6 (ii) The following shotguns:
7 Franchi SPAS 12, Law 12.
8 Gilbert Equipment Striker 12, Streetsweeper.
9 Encom CM-55.
10 USAS 12.
11 (iii) The following pistols:
12 Mac 10 and 11.
13 Intratec TEC-9 and TEC-22.
14 Mitchell Arms.
15 Spectre.
16 Sterling MK-7.
17 Lorcin.
18 Davis P380, P32, D38.
19 QF1 LA380, SA25.
20 Raven MP-25,25.
21 Jennings J-22.
22 Bryco J-22.
23 Haskell Arms JS-45.
24 (2) Any firearm declared by the court pursuant to
25 section 6182 (relating to determination by court) to be an
26 assault weapon.
27 "Commissioner." The Commissioner of the Pennsylvania State
28 Police.
29 "Firearm." Any pistol or revolver with a barrel less than 15
30 inches, any shotgun with a barrel less than 18 inches or any
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1 rifle with a barrel less than 16 inches, or any pistol,
2 revolver, rifle or shotgun with an overall length of less than
3 26 inches or any semiautomatic firearm and any self-loading
4 rifle or pistol regardless of barrel length or overall length.
5 The barrel length of a firearm shall be determined by measuring
6 from the muzzle of the barrel to the face of the closed action,
7 bolt or cylinder, whichever is applicable.
8 "Licensed gun dealer." A person who has a Federal firearms
9 license and any business license required by a State or local
10 governmental entity.
11 "Semiautomatic firearm." A pistol, revolver, shotgun, rifle
12 or carbine requiring a separate pull of the trigger for each
13 shot fired and which uses the energy of the discharge to perform
14 a portion of the operating or firing cycle.
15 "Variant." One of two or more weapons exhibiting slight
16 differences or alterations, including, without limitation,
17 differences or alterations in size, shape, trigger mechanism,
18 magazine capacity and sightings, from an archetypical trade name
19 weapon and which is indistinguishable from an archetypical trade
20 name weapon but for such differences or alterations.
21 § 6182. Determination by court.
22 (a) General rule.--Upon request by the commissioner filed in
23 a verified petition in the Commonwealth Court, the court shall
24 issue a declaration of temporary suspension of the manufacture,
25 sale, distribution, transportation or importation into this
26 Commonwealth or the giving or lending of a firearm alleged to be
27 an assault weapon because the firearm is either of the
28 following:
29 (1) Another model by the same manufacturer or a copy by
30 another manufacturer of an assault weapon listed in section
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1 6181 (relating to definitions), which is identical to one of
2 the assault weapons listed in that section except for slight
3 modifications or enhancements, including, but not limited to:
4 a folding or retractable stock; adjustable sight; case
5 deflector for left-handed shooters; shorter barrel; wooden,
6 plastic or metal stock; larger magazine size; different
7 caliber provided that the caliber exceeds .22 rimfire; or
8 bayonet mount. The court shall strictly construe this
9 paragraph so that a firearm which is merely similar in
10 appearance but not a prototype or copy can not be found to be
11 within the meaning of this paragraph.
12 (2) A firearm first manufactured or sold to the general
13 public in this Commonwealth 90 days after the effective date
14 of this subchapter, which has been redesigned, renamed or
15 renumbered from one of the firearms listed in section 6181,
16 or which is manufactured or sold by another company under a
17 licensing agreement to manufacture or sell one of the
18 firearms listed therein regardless of the company of
19 production or distribution, or the country of origin.
20 (b) Declaration of temporary suspension.--Upon the issuance
21 of a declaration of temporary suspension by the court and after
22 the commissioner has completed the notice requirements of
23 subsection (c)(1), the provisions of subsection (a) shall apply
24 with respect to those weapons.
25 (c) Notice.--
26 (1) Upon declaration of temporary suspension, the
27 commissioner shall immediately notify all police, sheriffs,
28 district attorneys and those requesting notice under
29 paragraph (2), shall notify industry and association
30 publications for those who manufacture, sell or use firearms
19940H2600B3376 - 8 -
1 and shall publish notice in not less than ten newspapers of
2 general circulation in geographically diverse sections of
3 this Commonwealth of the fact that the declaration has been
4 issued.
5 (2) The commissioner shall maintain a list of any
6 persons who request to receive notice of any declaration of
7 temporary suspension and shall furnish notice under paragraph
8 (1) to all these persons immediately upon a court
9 declaration. Notice shall also be furnished by the
10 commissioner by certified mail, return receipt requested (or
11 substantial equivalent if the person to receive the notice
12 resides outside the United States), to any known manufacturer
13 and Commonwealth distributor of the weapon subject to the
14 temporary suspension order or their statutory agent for
15 service. The notice shall be deemed effective upon mailing.
16 (d) Hearing.--After issuing a declaration of temporary
17 suspension under this section, the court shall set a date for
18 hearing on a permanent declaration that the weapon is an assault
19 weapon. The hearing shall be set no later than 30 days from the
20 date of issuance of the declaration of temporary suspension. The
21 hearing may be continued for good cause thereafter. Any
22 manufacturer or Commonwealth distributor of the weapon which is
23 the subject of the temporary suspension order has the right,
24 within 20 days of notification of the issuance of the order, to
25 intervene in the action. Any manufacturer or Commonwealth
26 distributor who fails to timely exercise its right of
27 intervention or any other person who manufactures, sells or owns
28 the assault weapon may, in the court's discretion, thereafter
29 join the action as amicus curiae.
30 (e) Burden of proof.--At the hearing, the burden of proof is
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1 upon the commissioner to show by a preponderance of evidence
2 that the weapon which is the subject of the declaration of
3 temporary suspension is an assault weapon. If the court finds
4 the weapon to be an assault weapon, it shall issue a declaration
5 thereof. Any party to the matter may appeal the court's
6 decision. A declaration that the weapon is an assault weapon
7 shall remain in effect during the pendency of the appeal unless
8 ordered otherwise by the appellate court.
9 § 6183. Registration.
10 (a) General rule.--Any person who lawfully possesses an
11 assault weapon, prior to 90 days after the effective date of
12 this subchapter, shall register the firearm within one year of
13 that effective date, with the commissioner under those
14 procedures which the Pennsylvania State Police may establish.
15 The registration shall contain a description of the firearm that
16 identifies it uniquely, including all identification marks, the
17 full name, address, date of birth and thumbprint of the owner,
18 and any other information as the department may deem
19 appropriate. The department may charge a fee for registration of
20 up to $20 per person but not to exceed the actual processing
21 costs of the department.
22 (b) Certain sales, transfers, etc.--No assault weapon
23 possessed under this section may be sold or transferred on or
24 after 90 days following the effective date of this subchapter to
25 anyone within this Commonwealth other than to a licensed gun
26 dealer. Any person who obtains title to an assault weapon
27 registered under this section by bequest or intestate succession
28 and moves into this Commonwealth in lawful possession of an
29 assault weapon or lawfully possessed a firearm subsequently
30 declared to be an assault weapon under this subchapter shall,
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1 within 90 days, either render the weapon permanently inoperable,
2 sell the weapon to a licensed gun dealer or remove the weapon
3 from this Commonwealth. A person who lawfully possessed a
4 firearm which was subsequently declared to be an assault weapon
5 under section 6182 (relating to determination by court) may
6 alternatively register the firearm within 90 days of that
7 declaration.
8 (c) Conditions of possession.--A person who has registered
9 an assault weapon under this section may possess it only under
10 the following conditions:
11 (1) At that person's residence, place of business or
12 other property owned by that person.
13 (2) While on the premises of a target range of a public
14 or private club or organization organized for the purpose of
15 practicing shooting at targets.
16 (3) While on a target range which holds a regulatory or
17 business license for the purpose of practicing shooting at
18 that target range.
19 (4) While on the premises of a shooting club.
20 (5) While attending any exhibition, display or
21 educational project which is about firearms and which is
22 sponsored by, conducted under the auspices of or approved by
23 a law enforcement agency or a nationally recognized or State-
24 recognized entity that fosters proficiency in or promotes
25 education about firearms.
26 (6) While transporting the assault weapon between any of
27 the places mentioned in this subsection.
28 No person who is under 18 years of age and no person who is
29 prohibited from possessing a firearm by this chapter may
30 register or possess an assault weapon.
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1 § 6184. Relinquishment of weapons.
2 Any individual may arrange in advance to relinquish an
3 assault weapon to a police or sheriff's department.
4 § 6185. Licensed gun dealers.
5 Any licensed gun dealer who lawfully possesses an assault
6 weapon under this subchapter, in addition to the uses allowed
7 under this subchapter, may transport the weapon between dealers
8 or out of this Commonwealth or display it at any gun show
9 licensed by a State or local governmental entity. Any
10 transporting allowed by this section must be done as required by
11 this subchapter.
12 § 6186. Penalties.
13 (a) Unlawful manufacture, importation, etc.--Any person who
14 within this Commonwealth manufactures or causes to be
15 manufactured, distributes, transports or imports into this
16 Commonwealth, keeps for sale or offers or exposes for sale or
17 gives or lends any assault weapon, except as provided by this
18 subchapter, commits a felony of the third degree.
19 (b) Unlawful possession.--Any person possessing an assault
20 weapon in violation of this subchapter commits a misdemeanor of
21 the first degree for a first offense and a felony of the third
22 degree for each subsequent offense.
23 § 6187. Application of subchapter.
24 This subchapter shall not apply to the use or possession of
25 assault weapons by State or local law enforcement agencies, the
26 military forces of this Commonwealth or the armed forces of the
27 United States.
28 Section 6. Title 23 is amended by adding a section to read:
29 § 5505.1. Liability of parent of child possessing weapon.
30 (a) General rule.--Notwithstanding the limits set forth in
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1 section 5505 (relating to monetary limits of liability), if the
2 child possessed a weapon during commission of the act, the
3 parent shall be liable in the amount of the civil judgment
4 against the child or, in a criminal or juvenile proceeding, the
5 amount sufficient to fully reimburse any person who has suffered
6 injury because of the tortious act of the child.
7 (b) Exceptions.--The parent shall not be liable under this
8 section if the court determines that:
9 (1) the parent did not know and could not reasonably be
10 expected to know that the child possessed the weapon; or
11 (2) the parent applied all reasonable means to remove
12 the weapon from the child's possession.
13 (c) Definition.--As used in this section, the term "weapon"
14 shall include, but not be limited to, any knife, cutting
15 instrument, cutting tool, nunchaku, firearm, shotgun, rifle,
16 assault weapon and any other tool, instrument or implement
17 capable of inflicting serious bodily injury.
18 Section 7. This act shall take effect in 60 days.
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