PRINTER'S NO. 4137
No. 2947 Session of 1996
INTRODUCED BY BROWN, S. H. SMITH, COLAIZZO, LUCYK, LYNCH,
HUTCHINSON AND JADLOWIEC, OCTOBER 8, 1996
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 8, 1996
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for possession of
3 weapons in judicial facilities and for uniform firearms.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 913 of Title 18 of the Pennsylvania
7 Consolidated Statutes, amended November 22, 1995 (P.L.621,
8 No.66), is amended to read:
9 [§ 913. Possession of firearm or other dangerous weapon in
10 court facility.
11 (a) Offense defined.--A person commits an offense if he:
12 (1) knowingly possesses a firearm or other dangerous
13 weapon in a court facility or knowingly causes a firearm or
14 other dangerous weapon to be present in a court facility; or
15 (2) knowingly possesses a firearm or other dangerous
16 weapon in a court facility with the intent that the firearm
17 or other dangerous weapon be used in the commission of a
18 crime or knowingly causes a firearm or other dangerous weapon
1 to be present in a court facility with the intent that the
2 firearm or other dangerous weapon be used in the commission
3 of a crime.
4 (b) Grading.--
5 (1) Except as otherwise provided in paragraph (3), an
6 offense under subsection (a)(1) is a misdemeanor of the third
7 degree.
8 (2) An offense under subsection (a)(2) is a misdemeanor
9 of the first degree.
10 (3) An offense under subsection (a)(1) is a summary
11 offense if the person was carrying a firearm under section
12 6106(b) (relating to firearms not to be carried without a
13 license) or 6109 (relating to licenses) and failed to check
14 the firearm under subsection (e) prior to entering the court
15 facility.
16 (c) Exceptions.--Subsection (a) shall not apply to:
17 (1) The lawful performance of official duties by an
18 officer, agent or employee of the United States, the
19 Commonwealth or a political subdivision who is authorized by
20 law to engage in or supervise the prevention, detection,
21 investigation or prosecution of any violation of law.
22 (2) The lawful performance of official duties by a court
23 official.
24 (3) The carrying of rifles and shotguns by instructors
25 and participants in a course of instruction provided by the
26 Pennsylvania Game Commission under 34 Pa.C.S. § 2704
27 (relating to eligibility for license).
28 (4) Associations of veteran soldiers and their
29 auxiliaries or members of organized armed forces of the
30 United States or the Commonwealth, including reserve
19960H2947B4137 - 2 -
1 components, when engaged in the performance of ceremonial
2 duties with county approval.
3 (5) The carrying of a dangerous weapon or firearm
4 unloaded and in a secure wrapper by an attorney who seeks to
5 employ the dangerous weapon or firearm as an exhibit or as a
6 demonstration and who possesses written authorization from
7 the court to bring the dangerous weapon or firearm into the
8 court facility.
9 (d) Posting of notice.--Notice of the provisions of
10 subsections (a) and (e) shall be posted conspicuously at each
11 public entrance to each courthouse or other building containing
12 a court facility and each court facility, and no person shall be
13 convicted of an offense under subsection (a)(1) with respect to
14 a court facility if the notice was not so posted at each public
15 entrance to the courthouse or other building containing a court
16 facility and at the court facility unless the person had actual
17 notice of the provisions of subsection (a).
18 (e) Facilities for checking firearms.--Each county shall
19 make available by July 1, 1996, lockers or similar facilities at
20 no charge or cost for the temporary checking of firearms by
21 persons carrying firearms under section 6106(b) or 6109. Notice
22 of the location of the facility shall be posted as required
23 under subsection (d).
24 (f) Definitions.--As used in this section, the following
25 words and phrases shall have the meanings given to them in this
26 subsection:
27 "Court facility." The courtroom of a court of record; a
28 courtroom of a community court; the courtroom of a district
29 justice; a courtroom of the Philadelphia Municipal Court; a
30 courtroom of the Pittsburgh Magistrates Court; a courtroom of
19960H2947B4137 - 3 -
1 the Traffic Court of Philadelphia; judge's chambers; witness
2 rooms; jury deliberation rooms; attorney conference rooms;
3 prisoner holding cells; offices of court clerks, the district
4 attorney, the sheriff and probation and parole officers; and any
5 adjoining corridors.
6 "Dangerous weapon." A bomb, grenade, blackjack, sandbag,
7 metal knuckles, dagger, knife (the blade of which is exposed in
8 an automatic way by switch, push-button, spring mechanism or
9 otherwise) or other implement for the infliction of serious
10 bodily injury which serves no common lawful purpose.
11 "Firearm." Any weapon, including a starter gun, which will
12 or is designed to expel a projectile or projectiles by the
13 action of an explosion, expansion of gas or escape of gas. The
14 term does not include any device designed or used exclusively
15 for the firing of stud cartridges, explosive rivets or similar
16 industrial ammunition.]
17 Section 2. Section 6101 of Title 18 is amended to read:
18 § 6101. Short title of subchapter.
19 This subchapter shall be known and may be cited as the
20 Pennsylvania Uniform Firearms Act [of 1995].
21 Section 3. Section 6102 of Title 18, amended November 22,
22 1995 (P.L.621, No.66), is amended to read:
23 § 6102. Definitions.
24 Subject to additional definitions contained in subsequent
25 provisions of this subchapter which are applicable to specific
26 provisions of this subchapter, the following words and phrases,
27 when used in this subchapter shall have, unless the context
28 clearly indicates otherwise, the meanings given to them in this
29 section:
30 "Commissioner." The Commissioner of the Pennsylvania State
19960H2947B4137 - 4 -
1 Police.
2 "Conviction." A conviction[, a finding of guilty or the
3 entering of a plea of guilty or nolo contendere, whether or not
4 judgment of sentence has been imposed,] as determined by the law
5 of the jurisdiction in which the prosecution was held. The term
6 does not include a conviction which has been expunged or
7 overturned or for which an individual has been pardoned unless
8 the pardon expressly provides that the individual may not
9 possess or transport firearms.
10 "County treasurer." The county treasurer or, in home rule or
11 optional plan counties, the person whose duties encompass those
12 of a county treasurer.
13 "Crime of violence." Any of the following crimes, or an
14 attempt, a solicitation or a conspiracy to commit any of the
15 same, namely: murder, voluntary manslaughter, rape, aggravated
16 assault, robbery, burglary, involuntary deviate sexual
17 intercourse, arson, extortion accompanied by threats of
18 violence, assault by prisoner, assault by life prisoner and
19 kidnapping.
20 "Crime punishable by imprisonment exceeding one year." The
21 term does not include any of the following:
22 (1) Federal or State offenses pertaining to antitrust,
23 unfair trade practices, restraints on trade or regulation of
24 business.
25 (2) State offenses classified as misdemeanors and
26 punishable by a term of imprisonment not to exceed two years.
27 "Firearm." Any pistol or revolver with a barrel length less
28 than 15 inches, any shotgun with a barrel length less than 18
29 inches or any rifle with a barrel length less than 16 inches, or
30 any pistol, revolver, rifle or shotgun with an overall length of
19960H2947B4137 - 5 -
1 less than 26 inches. The barrel length of a firearm shall be
2 determined by measuring from the muzzle of the barrel to the
3 face of the closed action, bolt or cylinder, whichever is
4 applicable.
5 ["Fund." The Firearm Ownership Fund established in section
6 6111.3 (relating to Firearm Ownership Fund).
7 "Law enforcement officer." Any person employed by any police
8 department or organization of the Commonwealth or political
9 subdivision thereof who is empowered to effect an arrest with or
10 without warrant and who is authorized to carry a firearm in the
11 performance of that person's duties.
12 "Loaded." A firearm is loaded if the firing chamber, the
13 nondetachable magazine, or in the case of a revolver, any of the
14 chambers of the cylinder, contain ammunition capable of being
15 fired. In the case of a firearm which utilizes a detachable
16 magazine, the term shall mean a magazine suitable for use in
17 said firearm which magazine contains such ammunition and has
18 been inserted in the firearm or is in the same container or,
19 where the container has multiple compartments, the same
20 compartment thereof as the firearm.]
21 "Sheriff."
22 (1) Except as provided in paragraph (2), the sheriff of
23 the county.
24 (2) In a city of the first class, the chief or head of
25 the police department.
26 Section 4. Sections 6103 and 6104 of Title 18 are amended to
27 read:
28 § 6103. Crimes committed with firearms.
29 If any person commits or attempts to commit a [crime
30 enumerated in section 6105 (relating to persons not to possess,
19960H2947B4137 - 6 -
1 use, manufacture, control, sell or transfer firearms)] crime of
2 violence when armed with a firearm contrary to the provisions of
3 this subchapter, that person may, in addition to the punishment
4 provided for the crime, also be punished as provided by this
5 subchapter.
6 § 6104. Evidence of intent.
7 In the trial of a person for committing or attempting to
8 commit a [crime enumerated in section 6105 (relating to persons
9 not to possess, use, manufacture, control, sell or transfer
10 firearms)] crime of violence, the fact that that person was
11 armed with a firearm, used or attempted to be used, and had no
12 license to carry the same, shall be evidence of that person's
13 intention to commit the offense.
14 Section 5. Sections 6105 and 6106 of Title 18, amended
15 November 22, 1995 (P.L.621, No.66), are amended to read:
16 § 6105. [Persons not to possess, use, manufacture, control,
17 sell or transfer firearms.] Former convict not to own
18 a firearm, etc.
19 [(a) Offense defined.--
20 (1) A person who has been convicted of an offense
21 enumerated in subsection (b), within or without this
22 Commonwealth, regardless of the length of sentence or whose
23 conduct meets the criteria in subsection (c) shall not
24 possess, use, control, sell, transfer or manufacture or
25 obtain a license to possess, use, control, sell, transfer or
26 manufacture a firearm in this Commonwealth.
27 (2) A person who is prohibited from possessing, using,
28 controlling, selling, transferring or manufacturing a firearm
29 under paragraph (1) or subsection (b) or (c) shall have a
30 reasonable period of time not to exceed 60 days from the date
19960H2947B4137 - 7 -
1 of the imposition of the disability under this subsection in
2 which to sell or transfer that person's firearms to another
3 eligible person who is not a member of the prohibited
4 person's household.
5 (b) Enumerated offenses.--The following offenses shall apply
6 to subsection (a):
7 Section 908 (relating to prohibited offensive weapons).
8 Section 911 (relating to corrupt organizations).
9 Section 912 (relating to possession of weapon on school
10 property).
11 Section 2502 (relating to murder).
12 Section 2503 (relating to voluntary manslaughter).
13 Section 2504 (relating to involuntary manslaughter) if
14 the offense is based on the reckless use of a firearm.
15 Section 2702 (relating to aggravated assault).
16 Section 2703 (relating to assault by prisoner).
17 Section 2704 (relating to assault by life prisoner).
18 Section 2709 (relating to harassment and stalking) if the
19 offense relates to stalking.
20 Section 2901 (relating to kidnapping).
21 Section 2902 (relating to unlawful restraint).
22 Section 2910 (relating to luring a child into a motor
23 vehicle).
24 Section 3121 (relating to rape).
25 Section 3123 (relating to involuntary deviate sexual
26 intercourse).
27 Section 3125 (relating to aggravated indecent assault).
28 Section 3301 (relating to arson and related offenses).
29 Section 3302 (relating to causing or risking
30 catastrophe).
19960H2947B4137 - 8 -
1 Section 3502 (relating to burglary).
2 Section 3503 (relating to criminal trespass) if the
3 offense is graded a felony of the second degree or higher.
4 Section 3701 (relating to robbery).
5 Section 3702 (relating to robbery of motor vehicle).
6 Section 3921 (relating to theft by unlawful taking or
7 disposition) upon conviction of the second felony offense.
8 Section 3923 (relating to theft by extortion) when the
9 offense is accompanied by threats of violence.
10 Section 3925 (relating to receiving stolen property) upon
11 conviction of the second felony offense.
12 Section 4912 (relating to impersonating a public servant)
13 if the person is impersonating a law enforcement officer.
14 Section 4952 (relating to intimidation of witnesses or
15 victims).
16 Section 4953 (relating to retaliation against witness or
17 victim).
18 Section 5121 (relating to escape).
19 Section 5122 (relating to weapons or implements for
20 escape).
21 Section 5501(3) (relating to riot).
22 Section 5515 (relating to prohibiting of paramilitary
23 training).
24 Section 6110.1 (relating to possession of firearm by
25 minor).
26 Section 6301 (relating to corruption of minors).
27 Section 6302 (relating to sale or lease of weapons and
28 explosives).
29 Any offense equivalent to any of the above-enumerated
30 offenses under the prior laws of this Commonwealth, or any
19960H2947B4137 - 9 -
1 offense equivalent to any of the above-enumerated offenses
2 under the statutes of any other state or of the United
3 States.
4 (c) Other persons.--In addition to any person who has been
5 convicted of any offense listed under subsection (b), the
6 following persons shall be subject to the prohibition of
7 subsection (a):
8 (1) A person who is a fugitive from justice.
9 (2) A person who has been convicted of an offense under
10 the act of April 14, 1972 (P.L.233, No.64), known as The
11 Controlled Substance, Drug, Device and Cosmetic Act, that may
12 be punishable by a term of imprisonment exceeding two years.
13 (3) A person who has been convicted of driving under the
14 influence of alcohol or controlled substance as provided in
15 75 Pa.C.S. § 3731 (relating to driving under influence of
16 alcohol or controlled substance) on three or more separate
17 occasions within a five-year period. For the purposes of this
18 paragraph only, the prohibition of subsection (a) shall only
19 apply to transfers or purchases of firearms after the third
20 conviction.
21 (4) A person who has been adjudicated as an incompetent
22 or who has been involuntarily committed to a mental
23 institution for inpatient care and treatment under section
24 302, 303 or 304 of the provisions of the act of July 9, 1976
25 (P.L.817, No.143), known as the Mental Health Procedures Act.
26 (5) A person who, being an alien, is illegally or
27 unlawfully in the United States.
28 (6) A person who is the subject of an active protection
29 from abuse order issued pursuant to 23 Pa.C.S. § 6108
30 (relating to relief), which order provided for the
19960H2947B4137 - 10 -
1 confiscation of firearms during the period of time the order
2 is in effect. This prohibition shall terminate upon the
3 expiration or vacation of an active protection from abuse
4 order or portion thereof relating to the confiscation of
5 firearms.
6 (7) A person who was adjudicated delinquent by a court
7 pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or
8 under any equivalent Federal statute or statute of any other
9 state as a result of conduct which if committed by an adult
10 would constitute an offense under sections 2502, 2503, 2702,
11 2703 (relating to assault by prisoner), 2704, 2901, 3121,
12 3123, 3301, 3502, 3701 and 3923.
13 (8) A person who was adjudicated delinquent by a court
14 pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal
15 statute or statute of any other state as a result of conduct
16 which if committed by an adult would constitute an offense
17 enumerated in subsection (b) with the exception of those
18 crimes set forth in paragraph (7). This prohibition shall
19 terminate 15 years after the last applicable delinquent
20 adjudication or upon the person reaching the age of 30,
21 whichever is earlier.
22 (d) Exemption.--A person who has been convicted of a crime
23 specified in subsection (a) or (b) or a person whose conduct
24 meets the criteria in subsection (c)(1), (2), (5) or (7) may
25 make application to the court of common pleas of the county
26 where the principal residence of the applicant is situated for
27 relief from the disability imposed by this section upon the
28 possession, transfer or control of a firearm. The court shall
29 grant such relief if it determines that any of the following
30 apply:
19960H2947B4137 - 11 -
1 (1) The conviction has been vacated under circumstances
2 where all appeals have been exhausted or where the right to
3 appeal has expired.
4 (2) The conviction has been the subject of a full pardon
5 by the Governor.
6 (3) Each of the following conditions is met:
7 (i) The Secretary of the Treasury of the United
8 States has relieved the applicant of an applicable
9 disability imposed by Federal law upon the possession,
10 ownership or control of a firearm as a result of the
11 applicant's prior conviction, except that the court may
12 waive this condition if the court determines that the
13 Congress of the United States has not appropriated
14 sufficient funds to enable the Secretary of the Treasury
15 to grant relief to applicants eligible for the relief.
16 (ii) A period of ten years, not including any time
17 spent in incarceration, has elapsed since the most recent
18 conviction of the applicant of a crime enumerated in
19 subsection (b) or a felony violation of The Controlled
20 Substance, Drug, Device and Cosmetic Act.
21 (e) Proceedings.--
22 (1) If a person convicted of an offense under subsection
23 (a), (b) or (c)(1), (2), (5) or (7) makes application to the
24 court, a hearing shall be held in open court to determine
25 whether the requirements of this section have been met. The
26 commissioner and the district attorney of the county where
27 the application is filed and any victim or survivor of a
28 victim of the offense upon which the disability is based may
29 be parties to the proceeding.
30 (2) Upon application to the court of common pleas
19960H2947B4137 - 12 -
1 pursuant to paragraph (1) by an applicant who is subject to
2 the prohibition under subsection (c)(3), the court shall
3 grant such relief if a period of ten years, not including any
4 time spent in incarceration, has passed since the applicant's
5 most recent conviction under subsection (c)(3).
6 (f) Other exemptions and proceedings.--
7 (1) Upon application to the court of common pleas under
8 this subsection by an applicant subject to the prohibitions
9 under subsection (c)(4), the court may grant such relief as
10 it deems appropriate if the court determines that the
11 applicant may possess a firearm without risk to the applicant
12 or any other person.
13 (2) If application is made under this subsection for
14 relief from the disability imposed under subsection (c)(6),
15 notice of such application shall be given to the person who
16 had petitioned for the protection from abuse order, and such
17 person shall be a party to the proceedings. Notice of any
18 court order or amendment to a court order restoring firearms
19 possession or control shall be given to the person who had
20 petitioned for the protection from abuse order.
21 (3) All hearings conducted under this subsection shall
22 be closed.
23 (g) Other restrictions.--Nothing in this section shall
24 exempt a person from a disability in relation to the possession
25 or control of a firearm which is imposed as a condition of
26 probation or parole or which is imposed pursuant to the
27 provision of any law other than this section.
28 (h) License prohibition.--Any person who is prohibited from
29 possessing, using, controlling, selling, purchasing,
30 transferring or manufacturing any firearm under this section
19960H2947B4137 - 13 -
1 shall not be eligible for or permitted to obtain a license to
2 carry a firearm under section 6109 (relating to licenses).
3 (i) Firearm.--As used in this section only, the term
4 "firearm" shall include any weapons which are designed to or may
5 readily be converted to expel any projectile by the action of an
6 explosive or the frame or receiver of any such weapon.] No
7 person who has been convicted in this Commonwealth or elsewhere
8 of a crime of violence shall own a firearm or have one in his
9 possession or under his control.
10 § 6106. Firearms not to be carried without a license.
11 (a) Offense defined.--[Any person who carries] No person
12 shall carry a firearm in any vehicle or [any person who carries
13 a firearm] concealed on or about his person, except in his place
14 of abode or fixed place of business, without a [valid and
15 lawfully issued] license [under] therefor as provided in this
16 [chapter commits a felony of the third degree] subchapter.
17 (b) Exceptions.--The provisions of subsection (a) shall not
18 apply to:
19 (1) Constables, sheriffs, prison or jail wardens, or
20 their deputies, policemen of this Commonwealth or its
21 political subdivisions, or other law-enforcement officers.
22 (2) Members of the army, navy or marine corps of the
23 United States or of the National Guard or organized reserves
24 when on duty.
25 (3) The regularly enrolled members of any organization
26 duly organized to purchase or receive such weapons from the
27 United States or from this Commonwealth.
28 (4) Any persons engaged in target shooting with rifle,
29 pistol, or revolver, if such persons are at or are going to
30 or from their places of assembly or target practice and if,
19960H2947B4137 - 14 -
1 while going to or from their places of assembly or target
2 practice, the cartridges or shells are carried in a separate
3 container and the rifle, pistol or revolver is unloaded.
4 (5) Officers or employees of the United States duly
5 authorized to carry a concealed firearm.
6 (6) Agents, messengers and other employees of common
7 carriers, banks, or business firms, whose duties require them
8 to protect moneys, valuables and other property in the
9 discharge of such duties.
10 (7) Any person engaged in the business of manufacturing,
11 repairing, or dealing in firearms, or the agent or
12 representative of any such person, having in his possession,
13 using or carrying a firearm in the usual or ordinary course
14 of such business.
15 (8) Any person while carrying a firearm unloaded and in
16 a secure wrapper from the place of purchase to his home or
17 place of business, or to a place of repair or back to his
18 home or place of business, or in moving from one place of
19 abode or business to another [or from his home to a vacation
20 or recreational home or dwelling or back, or to recover
21 stolen property under section 6111.1(b)(4) (relating to
22 Pennsylvania State Police) or to a location to which the
23 person has been directed to surrender firearms under 23
24 Pa.C.S. § 6108 (relating to relief) or back upon return of
25 the surrendered firearm].
26 (9) Persons licensed to hunt, take furbearers or fish in
27 this Commonwealth, if such persons are actually hunting,
28 taking furbearers or fishing or are going to the places where
29 they desire to hunt, take furbearers or fish or returning
30 from such places.
19960H2947B4137 - 15 -
1 (10) Persons training dogs, if such persons are actually
2 training dogs during the regular training season.
3 [(11) Any person while carrying a firearm in any vehicle
4 which person possesses a valid and lawfully issued license
5 for that firearm which has been issued under the laws of the
6 United States or any other state.]
7 (c) Sportsman's firearm permit.--
8 (1) Before any exception shall be granted under
9 paragraph (b)(9) or (10) of this section to any person 18
10 years of age or older licensed to hunt, trap or fish or who
11 has been issued a permit relating to hunting dogs, such
12 person shall, at the time of securing his hunting, furtaking
13 or fishing license or any time after such license has been
14 issued, secure a sportsman's firearm permit from the county
15 treasurer. The sportsman's firearm permit shall be issued
16 immediately and be valid throughout this Commonwealth for a
17 period of five years from the date of issue for any legal
18 firearm, when carried in conjunction with a valid hunting,
19 furtaking or fishing license or permit relating to hunting
20 dogs. The sportsman's firearm permit shall be in triplicate
21 on a form to be furnished by the Pennsylvania State Police.
22 The original permit shall be delivered to the person, and the
23 first copy thereof, within seven days, shall be forwarded to
24 the Commissioner of the Pennsylvania State Police by the
25 county treasurer. The second copy shall be retained by the
26 county treasurer for a period of two years from the date of
27 expiration. The county treasurer shall be entitled to collect
28 a fee of not more than $6 for each such permit issued, which
29 shall include the cost of any official form. The Pennsylvania
30 State Police may recover from the county treasurer the cost
19960H2947B4137 - 16 -
1 of any such form, but may not charge more than $1 for each
2 official permit form furnished to the county treasurer.
3 (2) Any person who sells or attempts to sell a
4 sportsman's firearm permit for a fee in excess of that amount
5 fixed under this subsection commits a summary offense.
6 (d) Revocation of registration.--Any registration of a
7 firearm under subsection (c) of this section may be revoked by
8 the county treasurer who issued it, upon written notice to the
9 holder thereof.
10 Section 6. Section 6106.1 of Title 18 is amended to read:
11 § 6106.1. Carrying loaded weapons other than firearms.
12 (a) General rule.--[Except as provided in Title 34 (relating
13 to game), no] No person shall carry a loaded pistol, revolver,
14 shotgun or rifle, other than a firearm as defined in section
15 6102 (relating to definitions), in any vehicle. The provisions
16 of this section shall not apply to persons excepted from the
17 requirement of a license to carry firearms under section
18 6106(b)(1), (2), (5) or (6) (relating to firearms not to be
19 carried without a license) nor shall the provisions of this
20 section be construed to permit persons to carry firearms in a
21 vehicle where such conduct is prohibited by section 6106.
22 (b) Penalty.--A person who violates the provisions of this
23 section commits a summary offense.
24 Section 7. Section 6109 of Title 18, amended November 22,
25 1995 (P.L.621, No.66), is amended to read:
26 § 6109. Licenses.
27 (a) Purpose of license.--A license to carry a firearm shall
28 be for the purpose of carrying a firearm concealed on or about
29 one's person or in a vehicle within this Commonwealth.
30 (b) Place of application.--An individual who is 21 years of
19960H2947B4137 - 17 -
1 age or older may apply to a sheriff for a license to carry a
2 firearm concealed on or about his person or in a vehicle within
3 this Commonwealth. If the applicant is a resident of this
4 Commonwealth, he shall make application with the sheriff of the
5 county in which he resides or, if a resident of a city of the
6 first class, with the chief of police of that city.
7 (c) Form of application and content.--The application for a
8 license to carry a firearm shall be uniform throughout this
9 Commonwealth and shall be on a form prescribed by the
10 Pennsylvania State Police. The form may contain provisions, not
11 exceeding one page, to assure compliance with this section.
12 Issuing authorities shall use only the application form
13 prescribed by the Pennsylvania State Police. One of the
14 following reasons for obtaining a firearm license shall be set
15 forth in the application: self-defense, employment, hunting and
16 fishing, target shooting, gun collecting or another proper
17 reason. The application form shall be dated and signed by the
18 applicant and shall contain the following statement:
19 I have never been convicted of a crime of violence in the
20 Commonwealth of Pennsylvania or elsewhere. I am of sound
21 mind and have never been committed to a mental
22 institution. I hereby certify that the statements
23 contained herein are true and correct to the best of my
24 knowledge and belief. I understand that, if I knowingly
25 make any false statements herein, I am subject to
26 penalties prescribed by law. I authorize the sheriff, or
27 his designee, or, in the case of first class cities, the
28 chief or head of the police department, or his designee,
29 to inspect only those records or documents relevant to
30 information required for this application.
19960H2947B4137 - 18 -
1 (d) Sheriff to conduct investigation.--The sheriff to whom
2 the application is made shall investigate the applicant's record
3 of criminal convictions, shall investigate whether or not the
4 applicant is under indictment for or has ever been convicted of
5 a crime punishable by imprisonment exceeding one year, shall
6 investigate whether the applicant's character and reputation are
7 such that the applicant will not be likely to act in a manner
8 dangerous to public safety and shall investigate whether the
9 applicant would be precluded from receiving a license under
10 subsection (e)(1) [or section 6105(h) (relating to persons not
11 to possess, use, manufacture, control, sell or transfer
12 firearms) and shall conduct a criminal background, juvenile
13 delinquency or mental health check following the procedures set
14 forth in section 6111 (relating to firearm ownership)].
15 (e) Issuance of license.--
16 (1) A license to carry a firearm shall be for the
17 purpose of carrying a firearm concealed on or about one's
18 person or in a vehicle and shall be issued if, after an
19 investigation not to exceed 45 days, it appears that the
20 applicant is an individual concerning whom no good cause
21 exists to deny the license. A license shall not be issued to
22 any of the following:
23 (i) An individual whose character and reputation is
24 such that the individual would be likely to act in a
25 manner dangerous to public safety.
26 (ii) An individual who has been convicted of an
27 offense under the act of April 14, 1972 (P.L.233, No.64),
28 known as The Controlled Substance, Drug, Device and
29 Cosmetic Act.
30 (iii) An individual convicted of a crime [enumerated
19960H2947B4137 - 19 -
1 in section 6105] of violence.
2 (iv) An individual who, within the past ten years,
3 has been adjudicated delinquent for a crime [enumerated
4 in section 6105] of violence or for an offense under The
5 Controlled Substance, Drug, Device and Cosmetic Act.
6 (v) An individual who is not of sound mind or who
7 has ever been committed to a mental institution.
8 (vi) An individual who is addicted to or is an
9 unlawful user of marijuana or a stimulant, depressant or
10 narcotic drug.
11 (vii) An individual who is a habitual drunkard.
12 (viii) An individual who is charged with or has been
13 convicted of a crime punishable by imprisonment for a
14 term exceeding one year except as provided for in section
15 6123 (relating to waiver of disability or pardons).
16 (ix) A resident of another state who does not
17 possess a current license or permit or similar document
18 to carry a firearm issued by that state if a license is
19 provided for by the laws of that state, as published
20 annually in the Federal Register by the Bureau of
21 Alcohol, Tobacco and Firearms of the Department of the
22 Treasury under 18 U.S.C. § 921(a)(19) (relating to
23 definitions).
24 (x) An alien who is illegally in the United States.
25 (xi) An individual who has been discharged from the
26 armed forces of the United States under dishonorable
27 conditions.
28 (xii) An individual who is a fugitive from justice.
29 [(xiii) An individual who is otherwise prohibited
30 from possessing, using, manufacturing, controlling,
19960H2947B4137 - 20 -
1 purchasing, selling or transferring a firearm as provided
2 by section 6105.]
3 (3) The license shall bear the name, address, date of
4 birth, race, sex, citizenship, Social Security number,
5 height, weight, color of hair, color of eyes and signature of
6 the licensee; the signature of the sheriff issuing the
7 license; the reason for issuance; and the period of
8 validation. The sheriff may also require a photograph of the
9 licensee on the license. The original license shall be issued
10 to the applicant. The first copy of the license shall be
11 forwarded to the commissioner within seven days of the date
12 of issue, and a second copy shall be retained by the issuing
13 authority for a period of six years.
14 (f) Term of license.--
15 [(1)] A license to carry a firearm issued under
16 subsection (e) shall be valid throughout this Commonwealth
17 for a period of five years unless sooner revoked.
18 [(2) At least 60 days prior to the expiration of each
19 license, the issuing sheriff shall send to the licensee an
20 application for renewal of license. Failure to receive a
21 renewal application shall not relieve a licensee from the
22 responsibility to renew the license.]
23 (g) Grant or denial of license.--Upon the receipt of an
24 application for a license to carry a firearm, the sheriff shall,
25 within 45 days, issue or refuse to issue a license on the basis
26 of the investigation under subsection (d) and the accuracy of
27 the information contained in the application. If the sheriff
28 refuses to issue a license, the sheriff shall notify the
29 applicant in writing of the refusal and the [specific] reasons.
30 The notice shall be sent by certified mail to the applicant at
19960H2947B4137 - 21 -
1 the address set forth in the application.
2 (h) Fee.--The fee for a license to carry a firearm is [$19.]
3 $12.50. [This includes a renewal notice processing fee of
4 $1.50.] This includes an administrative fee of $5 under section
5 14(2) of the act of July 6, 1984 (P.L.614, No.127), known as the
6 Sheriff Fee Act. [No fee other than that provided by this
7 paragraph or the Sheriff Fee Act may be assessed by the sheriff
8 for the performance of any background check made pursuant to
9 this act.] The fee is payable to the sheriff to whom the
10 application is submitted and is payable at the time of
11 application for the license. Except for the administrative fee
12 of $5 under section 14(2) of the Sheriff Fee Act, all other fees
13 shall be refunded if the application is denied but shall not be
14 refunded if a license is issued and subsequently revoked. A
15 person who sells or attempts to sell a license to carry a
16 firearm for a fee in excess of the amounts fixed under this
17 subsection commits a summary offense.
18 (i) Revocation.--A license to carry firearms may be revoked
19 by the issuing authority for good cause. Notice of revocation
20 shall be in writing and shall state the [specific] reason for
21 revocation. Notice shall be sent by certified mail, and, at that
22 time, a copy shall be forwarded to the commissioner. An
23 individual whose license is revoked shall surrender the license
24 to the issuing authority within five days of receipt of the
25 notice. An individual who violates this section commits a
26 summary offense.
27 (j) Immunity.--A sheriff who complies in good faith with
28 this section shall be immune from liability resulting or arising
29 from the action or misconduct with a firearm committed by any
30 individual to whom a license to carry a firearm has been issued.
19960H2947B4137 - 22 -
1 [(k) Reciprocity.--The Attorney General may enter into
2 reciprocity agreements with other states providing for the
3 mutual recognition of each state's license to carry a firearm.]
4 Section 8. Title 18 is amended by adding a section to read:
5 § 6110. Persons to whom delivery shall not be made.
6 No person shall deliver a firearm to any person under the age
7 of 18 years, or to one he has reasonable cause to believe has
8 been convicted of a crime of violence, or is a drug addict, an
9 habitual drunkard, or of unsound mind.
10 Section 9. Sections 6110.1, 6111, 6111.1, 6111.2 and 6111.3
11 of Title 18, amended November 22, 1995 (P.L.621, No.66), are
12 amended to read:
13 [§ 6110.1. Possession of firearm by minor.
14 (a) Firearm.--Except as provided in subsection (b), a person
15 under 18 years of age shall not possess or transport a firearm
16 anywhere in this Commonwealth.
17 (b) Exception.--Subsection (a) shall not apply to a person
18 under 18 years of age:
19 (1) who is under the supervision of a parent,
20 grandparent, legal guardian or an adult acting with the
21 expressed consent of the minor's custodial parent or legal
22 guardian and the minor is engaged in lawful activity,
23 including safety training, lawful target shooting, engaging
24 in an organized competition involving the use of a firearm or
25 the firearm is unloaded and the minor is transporting it for
26 a lawful purpose; or
27 (2) who is lawfully hunting or trapping in accordance
28 with 34 Pa.C.S. (relating to game).
29 (c) Responsibility of adult.--Any person who knowingly and
30 intentionally delivers or provides to the minor a firearm in
19960H2947B4137 - 23 -
1 violation of subsection (a) commits a felony of the third
2 degree.
3 (d) Forfeiture.--Any firearm in the possession of a person
4 under 18 years of age in violation of this section shall be
5 promptly seized by the arresting law enforcement officer and
6 upon conviction or adjudication of delinquency shall be
7 forfeited or, if stolen, returned to the lawful owner.]
8 § 6111. Sale [or transfer] of firearms.
9 [(a) Time and manner of delivery.--
10 (1) Except as provided in paragraph (2), no seller shall
11 deliver a firearm to the purchaser or transferee thereof
12 until 48 hours shall have elapsed from the time of the
13 application for the purchase thereof, and, when delivered,
14 the firearm shall be securely wrapped and shall be unloaded.
15 (2) Thirty days after publication in the Pennsylvania
16 Bulletin that the Instantaneous Criminal History Records
17 Check System has been established in accordance with the
18 Brady Handgun Violence Prevention Act (Public Law 103-159, 18
19 U.S.C. § 921 et seq.), no seller shall deliver a firearm to
20 the purchaser thereof until the provisions of this section
21 have been satisfied, and, when delivered, the firearm shall
22 be securely wrapped and shall be unloaded.
23 (b) Duty of seller.--No licensed importer, licensed
24 manufacturer or licensed dealer shall sell or deliver any
25 firearm to another person, other than a licensed importer,
26 licensed manufacturer, licensed dealer or licensed collector,
27 until the conditions of subsection (a) have been satisfied and
28 until he has:
29 (1) For purposes of a firearm as defined in section 6102
30 (relating to definitions), obtained a completed
19960H2947B4137 - 24 -
1 application/record of sale from the potential buyer or
2 transferee to be filled out in triplicate, the original copy
3 to be sent to the Pennsylvania State Police, postmarked via
4 first class mail, within 14 days of the sale, one copy to be
5 retained by the licensed importer, licensed manufacturer or
6 licensed dealer and one copy to be retained by the purchaser
7 or transferee. The form of this application/record of sale
8 shall be no more than one page in length and shall be
9 promulgated by the Pennsylvania State Police and provided by
10 the licensed importer, licensed manufacturer or licensed
11 dealer. The application/record of sale shall include the
12 name, address, birthdate, gender, race, physical description
13 and Social Security number of the purchaser or transferee,
14 the date of the application and the caliber, length of
15 barrel, make, model and manufacturer's number of the firearm
16 to be purchased or transferred.
17 (1.1) For purposes of a firearm which exceeds the barrel
18 and related lengths set forth in section 6102, obtained a
19 completed application/record of sale from the potential buyer
20 or transferee to be filled out in triplicate, the original
21 copy to be sent to the Pennsylvania State Police, postmarked
22 via first class mail, within 14 days of sale, one copy to be
23 retained by the licensed importer, licensed manufacturer or
24 licensed dealer and one copy to be retained by the purchaser
25 or transferee. The form of the application/record of sale
26 shall be no more than one page in length and shall be
27 promulgated by the Pennsylvania State Police and provided by
28 the licensed importer, licensed manufacturer or licensed
29 dealer. For purposes of conducting the criminal history,
30 juvenile delinquency and mental health records background
19960H2947B4137 - 25 -
1 check which shall be completed within ten days of receipt of
2 the information from the dealer, the application/record of
3 sale shall include the name, address, birthdate, gender,
4 race, physical description and Social Security number of the
5 purchaser or transferee and the date of application. No
6 information regarding the type of firearm need be included
7 other than an indication that the firearm exceeds the barrel
8 lengths set forth in section 6102. Unless it has been
9 discovered pursuant to a criminal history, juvenile
10 delinquency and mental health records background check that
11 the potential purchaser or transferee is prohibited from
12 possessing a firearm pursuant to section 6105 (relating to
13 persons not to possess, use, manufacture, control, sell or
14 transfer firearms), no information on the application/record
15 of sale provided pursuant to this subsection shall be
16 retained as precluded by section 6111.4 (relating to
17 registration of firearms) by the Pennsylvania State Police
18 either through retention of the application/record of sale or
19 by entering the information onto a computer, and further an
20 application/record of sale received by the Pennsylvania State
21 Police pursuant to this subsection shall be destroyed within
22 72 hours of the completion of the criminal history, juvenile
23 delinquency and mental health records background check.
24 (1.2) Fees collected under paragraph (3) and section
25 6111.2 (relating to firearm sales surcharge) shall be
26 transmitted to the Pennsylvania State Police within 14 days
27 of collection.
28 (1.3) In addition to the criminal penalty under section
29 6119 (relating to violation penalty), any person who
30 knowingly and intentionally maintains or fails to destroy any
19960H2947B4137 - 26 -
1 information submitted to the Pennsylvania State Police for
2 purposes of a background check pursuant to paragraphs (1.1)
3 and (1.4) shall be subject to a civil penalty of up to $250
4 per entry or failure to destroy.
5 (1.4) Prior to January 1, 1997, and following
6 implementation of the instantaneous records check by the
7 Pennsylvania State Police on or before October 11, 1999, no
8 application/record of sale shall be completed for the
9 purchase or transfer of a firearm which exceeds the barrel
10 lengths set forth in section 6102. A statement shall be
11 submitted by the dealer to the Pennsylvania State Police,
12 postmarked via first class mail, within 14 days of the sale,
13 containing the number of firearms sold which exceed the
14 barrel and related lengths set forth in section 6102, the
15 amount of surcharge and other fees remitted and a list of the
16 unique approval numbers given pursuant to paragraph (4)
17 together with a statement that the background checks have
18 been performed on the firearms contained in the statement.
19 The form of the statement relating to performance of
20 background checks shall be promulgated by the Pennsylvania
21 State Police.
22 (2) Inspected photoidentification of the potential
23 purchaser or transferee, including, but not limited to, a
24 driver's license, official Pennsylvania photoidentification
25 card or official government photoidentification card. In the
26 case of a potential buyer or transferee who is a member of a
27 recognized religious sect or community whose tenets forbid or
28 discourage the taking of photographs of members of that sect
29 or community, a seller shall accept a valid-without-photo
30 driver's license or a combination of documents, as prescribed
19960H2947B4137 - 27 -
1 by the Pennsylvania State Police, containing the applicant's
2 name, address, date of birth and the signature of the
3 applicant.
4 (3) Requested by means of a telephone call that the
5 Pennsylvania State Police conduct a criminal history,
6 juvenile delinquency history and a mental health record
7 check. The requester shall be charged a fee equivalent to the
8 cost of providing the service but not to exceed $2 per buyer
9 or transferee.
10 (4) Received a unique approval number for that inquiry
11 from the Pennsylvania State Police and recorded the date and
12 the number on the application/record of sale form.
13 (5) Issued a receipt containing the information from
14 paragraph (4), including the unique approval number of the
15 purchaser. This receipt shall be prima facie evidence of the
16 purchaser's or transferee's compliance with the provisions of
17 this section.
18 (6) Unless it has been discovered pursuant to a criminal
19 history, juvenile delinquency and mental health records
20 background check that the potential purchaser or transferee
21 is prohibited from possessing a firearm pursuant to section
22 6105, no information received via telephone following the
23 implementation of the instantaneous background check system
24 from a purchaser or transferee who has received a unique
25 approval number shall be retained by the Pennsylvania State
26 Police.
27 (c) Duty of other persons.--Any person who is not a licensed
28 importer, manufacturer or dealer and who desires to sell or
29 transfer a firearm to another unlicensed person shall do so only
30 upon the place of business of a licensed importer, manufacturer,
19960H2947B4137 - 28 -
1 dealer or county sheriff's office, the latter of whom shall
2 follow the procedure set forth in this section as if he were the
3 seller of the firearm. The provisions of this section shall not
4 apply to transfers between spouses or to transfers between a
5 parent and child or to transfers between grandparent and
6 grandchild.
7 (d) Defense.--Compliance with the provisions of this section
8 shall be a defense to any criminal complaint under the laws of
9 this Commonwealth arising from the sale or transfer of any
10 firearm.
11 (e) Nonapplicability of section.--This section shall not
12 apply to the following:
13 (1) Any firearm manufactured on or before 1898.
14 (2) Any firearm with a matchlock, flintlock or
15 percussion cap type of ignition system.
16 (3) Any replica of any firearm described in paragraph
17 (1) if the replica:
18 (i) is not designed or redesigned to use rimfire or
19 conventional center fire fixed ammunition; or
20 (ii) uses rimfire or conventional center fire fixed
21 ammunition which is no longer manufactured in the United
22 States and which is not readily available in the ordinary
23 channels of commercial trade.
24 (f) Application of section.--
25 (1) For the purposes of this section only, except as
26 provided by paragraph (2), "firearm" shall mean any weapon
27 which is designed to or may readily be converted to expel any
28 projectile by the action of an explosive or the frame or
29 receiver of any such weapon.
30 (2) The provisions contained in subsections (a) and (c)
19960H2947B4137 - 29 -
1 shall only apply to pistols or revolvers with a barrel length
2 of less than 15 inches, any shotgun with a barrel length of
3 less than 18 inches, any rifle with a barrel length of less
4 than 16 inches or any firearm with an overall length of less
5 than 26 inches.
6 (3) The provisions contained in subsection (a) shall not
7 apply to any law enforcement officer as defined in section
8 5515 (relating to prohibiting of paramilitary training) whose
9 current identification as a law enforcement officer shall be
10 construed as a valid license to carry a firearm or any person
11 who possesses a valid license to carry a firearm under
12 section 6109 (relating to licenses).
13 (4) (i) The provisions of subsection (a) shall not
14 apply to any person who presents to the seller or
15 transferor a written statement issued by the official
16 described in subparagraph (iii) during the ten-day period
17 ending on the date of the most recent proposal of such
18 transfer or sale by the transferee or purchaser stating
19 that the transferee or purchaser requires access to a
20 firearm because of a threat to the life of the transferee
21 or purchaser or any member of the household of that
22 transferee or purchaser.
23 (ii) The issuing official shall notify the
24 applicant's local police authority that such a statement
25 has been issued. In counties of the first class the chief
26 of police shall notify the police station or substation
27 closest to the applicant's residence.
28 (iii) The statement issued under subparagraph (ii)
29 shall be issued by the district attorney, or his
30 designee, of the county of residence if the transferee or
19960H2947B4137 - 30 -
1 purchaser resides in a municipality where there is no
2 chief of police. Otherwise, the statement shall be issued
3 by the chief of police in the municipality in which the
4 purchaser or transferee resides.
5 (g) Penalties.--
6 (1) Any person, licensed dealer, licensed manufacturer
7 or licensed importer who knowingly or intentionally sells,
8 delivers or transfers a firearm in violation of this section
9 commits a misdemeanor of the second degree.
10 (2) Any person, licensed dealer, licensed manufacturer
11 or licensed importer who knowingly or intentionally sells,
12 delivers or transfers a firearm under circumstances intended
13 to provide a firearm to any person, purchaser or transferee
14 who is unqualified or ineligible to control, possess or use a
15 firearm under this chapter commits a felony of the third
16 degree and shall in addition be subject to revocation of the
17 license to sell firearms for a period of three years.
18 (3) Any person, licensed dealer, licensed manufacturer
19 or licensed importer who knowingly and intentionally requests
20 a criminal history, juvenile delinquency or mental health
21 record check from the Pennsylvania State Police under this
22 chapter for any purpose other than compliance with this
23 chapter or knowingly and intentionally disseminates any
24 criminal history, juvenile delinquency or mental health
25 record information to any person other than the subject of
26 the information commits a felony of the third degree.
27 (4) Any person, purchaser or transferee who in
28 connection with the purchase, delivery or transfer of a
29 firearm under this chapter knowingly and intentionally makes
30 any materially false oral or written statement or willfully
19960H2947B4137 - 31 -
1 furnishes or exhibits any false identification intended or
2 likely to deceive the seller, licensed dealer or licensed
3 manufacturer commits a felony of the third degree.
4 (5) Notwithstanding section 306 (relating to liability
5 for conduct of another; complicity) or any other statute to
6 the contrary, any person, licensed importer, licensed dealer
7 or licensed manufacturer who knowingly and intentionally
8 sells, delivers or transfers a firearm in violation of this
9 chapter who has reason to believe that the firearm is
10 intended to be used in the commission of a crime or attempt
11 to commit a crime shall be criminally liable for such crime
12 or attempted crime.
13 (6) Notwithstanding any act or statute to the contrary,
14 any person, licensed importer, licensed manufacturer or
15 licensed dealer who knowingly and intentionally sells or
16 delivers a firearm in violation of this chapter who has
17 reason to believe that the firearm is intended to be used in
18 the commission of a crime or attempt to commit a crime shall
19 be liable in the amount of the civil judgment for injuries
20 suffered by any person so injured by such crime or attempted
21 crime.
22 (h) Subsequent violation penalty.--
23 (1) A second or subsequent violation of this section
24 shall be a felony of the second degree and shall be
25 punishable by a mandatory minimum sentence of imprisonment of
26 five years. A second or subsequent offense shall also result
27 in permanent revocation of any license to sell, import or
28 manufacturer a firearm.
29 (2) Notice of the applicability of this subsection to
30 the defendant shall not be required prior to conviction, but
19960H2947B4137 - 32 -
1 reasonable notice of the Commonwealth's intention to proceed
2 under this section shall be provided after conviction and
3 before sentencing. The applicability of this section shall be
4 determined at sentencing. The court shall consider evidence
5 presented at trial, shall afford the Commonwealth and the
6 defendant an opportunity to present necessary additional
7 evidence and shall determine by a preponderance of the
8 evidence if this section is applicable.
9 (3) There shall be no authority for a court to impose on
10 a defendant to which this subsection is applicable a lesser
11 sentence than provided for in paragraph (1), to place the
12 defendant on probation or to suspend sentence. Nothing in
13 this section shall prevent the sentencing court from imposing
14 a sentence greater than that provided in this section.
15 Sentencing guidelines promulgated by the Pennsylvania
16 Commission on Sentencing shall not supersede the mandatory
17 sentences provided in this section.
18 (4) If a sentencing court refuses to apply this
19 subsection where applicable, the Commonwealth shall have the
20 right to appellate review of the action of the sentencing
21 court. The appellate court shall vacate the sentence and
22 remand the case to the sentencing court for imposition of a
23 sentence in accordance with this section if it finds that the
24 sentence was imposed in violation of this subsection.
25 (i) Confidentiality.--Information furnished by a potential
26 purchaser or transferee under this section or any applicant for
27 a license to carry a firearm as provided by section 6109 shall
28 be confidential and not subject to public disclosure.]
29 (a) Time and manner of delivery.--No seller shall deliver a
30 firearm to the purchaser thereof until 48 hours have elapsed
19960H2947B4137 - 33 -
1 from the time of the application for the purchase thereof, and
2 when delivered, the firearm shall be securely wrapped and shall
3 be unloaded.
4 (b) Statement to be signed by purchaser.--At the time of
5 applying for the purchase of a firearm, the purchaser shall sign
6 in quadruplicate and deliver to the seller a statement
7 containing his full name, address, occupation, color, place of
8 birth, the date and hour of application, the caliber, length of
9 barrel, make, model and manufacturer's number of the firearm to
10 be purchased, and a statement that he has never been convicted
11 in this Commonwealth, or elsewhere, of a crime of violence. The
12 seller shall, within six hours after such application, sign and
13 attach his address and forward by registered or certified mail
14 one copy of this statement to the chief or head of the police
15 force or police department of the city, or the sheriff of the
16 county of the place of business of the seller; the duplicate,
17 duly signed by the seller, shall, within seven days, be sent by
18 him, with his address, to the Commissioner of the Pennsylvania
19 State Police; the triplicate he shall retain for six years; and
20 the quadruplicate with the proper signature and address of the
21 seller shall, within six hours after the application, be
22 forwarded by registered or certified mail to the chief or head
23 of the police force or police department of the city or to the
24 sheriff of the county of which the buyer is a resident.
25 (c) Exemption.--This section shall not apply to sales at
26 wholesale.
27 [§ 6111.1. Pennsylvania State Police.
28 (a) Administration.--The Pennsylvania State Police shall
29 have the responsibility to administer the provisions of this
30 chapter.
19960H2947B4137 - 34 -
1 (b) Duty of Pennsylvania State Police.--
2 (1) Upon receipt of a request for a criminal history,
3 juvenile delinquency history and mental health record check
4 of the potential purchaser or transferee, the Pennsylvania
5 State Police shall immediately during the licensee's call or
6 by return call forthwith:
7 (i) review the Pennsylvania State Police criminal
8 history and fingerprint records to determine if the
9 potential purchaser or transferee is prohibited from
10 receipt or possession of a firearm under Federal or State
11 law;
12 (ii) review the juvenile delinquency and mental
13 health records of the Pennsylvania State Police to
14 determine whether the potential purchaser or transferee
15 is prohibited from receipt or possession of a firearm
16 under Federal or State law; and
17 (iii) inform the licensee making the inquiry either:
18 (A) that the potential purchase or transfer is
19 prohibited; or
20 (B) provide the licensee with a unique approval
21 number.
22 (2) In the event of electronic failure or similar event
23 beyond the control of the Pennsylvania State Police, the
24 Pennsylvania State Police shall immediately notify the
25 requesting licensee of the reason for and estimated length of
26 the delay. If the failure or event lasts for a period
27 exceeding 48 hours, the dealer shall not be subject to any
28 penalty for failure to complete an instantaneous records
29 check for the remainder of the failure or similar event, but
30 the dealer shall obtain a completed application/record of
19960H2947B4137 - 35 -
1 sale following the provisions of section 6111(b)(1) and (1.1)
2 (relating to sale or transfer of firearms) as if an
3 instantaneous records check has not been established for any
4 sale or transfer of a firearm for the purpose of a subsequent
5 background check.
6 (3) The Pennsylvania State Police shall fully comply,
7 execute and enforce the directives of this section within
8 four years of the enactment of this subsection.
9 (4) The Pennsylvania State Police and any local law
10 enforcement agency shall make all reasonable efforts to
11 determine the lawful owner of any firearm confiscated by the
12 Pennsylvania State Police or any local law enforcement agency
13 and return said firearm to its lawful owner if the owner is
14 not otherwise prohibited from possessing the firearm. When a
15 court of law has determined that the Pennsylvania State
16 Police or any local law enforcement agency have failed to
17 exercise the duty under this subsection, reasonable attorney
18 fees shall be awarded to any lawful owner of said firearm who
19 has sought judicial enforcement of this subsection.
20 (c) Establish a telephone number.--The Pennsylvania State
21 Police shall establish a telephone number which shall be
22 operational seven days a week between the hours of 8 a.m. and 10
23 p.m. local time for purposes of responding to inquiries as
24 described in this section from licensed manufacturers, licensed
25 importers and licensed dealers. The Pennsylvania State Police
26 shall employ and train such personnel as are necessary to
27 administer expeditiously the provisions of this section.
28 (d) Distribution.--The Pennsylvania State Police shall
29 provide, without charge, summaries of uniform firearm laws and
30 firearm safety brochures pursuant to section 6125 (relating to
19960H2947B4137 - 36 -
1 distribution of uniform firearm laws and firearm safety
2 brochures).
3 (e) Challenge to records.--Any person who is denied the
4 right to receive, sell, transfer, possess, carry, manufacture or
5 purchase a firearm as a result of the procedures established by
6 this section may challenge the accuracy of that person's
7 criminal history, juvenile delinquency history or mental health
8 record under the procedures of Chapter 91 (relating to criminal
9 history record information).
10 (f) Notification of mental health commitment.--
11 Notwithstanding any statute to the contrary, judges of the
12 courts of common pleas shall notify the Pennsylvania State
13 Police on a form developed by the Pennsylvania State Police of
14 the identity of any individual who has been adjudicated
15 incompetent or who has been involuntarily committed to a mental
16 institution for inpatient care and treatment under the act of
17 June 9, 1976 (P.L.817, No.143), known as the Mental Health
18 Procedures Act, or who has been involuntarily treated as
19 described in section 6105(c)(4) (relating to persons not to
20 possess, use, manufacture, control, sell or transfer firearms).
21 The notification shall be transmitted by the judge to the
22 Pennsylvania State Police within seven days of the adjudication,
23 commitment or treatment.
24 (g) Review by court.--
25 (1) Upon receipt of a copy of the order of a court of
26 competent jurisdiction which vacates a final order or an
27 involuntary certification issued by a mental health review
28 officer, the Pennsylvania State Police shall expunge all
29 records of the involuntary treatment received under
30 subsection (f).
19960H2947B4137 - 37 -
1 (2) A person who is involuntarily committed pursuant to
2 section 302 of the Mental Health Procedures Act may petition
3 the court to review the sufficiency of the evidence upon
4 which the commitment was based. If the court determines that
5 the evidence upon which the involuntary commitment was based
6 was insufficient, the court shall order that the record of
7 the commitment submitted to the Pennsylvania State Police be
8 expunged. A petition filed under this subsection shall toll
9 the 60-day period set forth under section 6105(a)(2).
10 (3) The Pennsylvania State Police shall expunge all
11 records of an involuntary commitment of an individual who is
12 discharged from a mental health facility based upon the
13 initial review by the physician occurring within two hours of
14 arrival under section 302(b) of the Mental Health Procedures
15 Act and the physician's determination that no severe mental
16 disability existed pursuant to section 302(b) of the Mental
17 Health Procedures Act. The physician shall provide signed
18 confirmation of the determination of the lack of severe
19 mental disability following the initial examination under
20 section 302(b) of the Mental Health Procedures Act to the
21 Pennsylvania State Police.
22 (h) Juvenile registry.--
23 (1) The contents of law enforcement records and files
24 compiled under 42 Pa.C.S. § 6308 (relating to law enforcement
25 records) concerning a child shall not be disclosed to the
26 public except if the child is 14 years of age or older at the
27 time of the alleged conduct and if any of the following
28 apply:
29 (i) The child has been adjudicated delinquent by a
30 court as a result of an act or acts which constitute any
19960H2947B4137 - 38 -
1 offense enumerated in section 6105.
2 (ii) A petition alleging delinquency has been filed
3 by a law enforcement agency alleging that the child has
4 committed an act or acts which constitute an offense
5 enumerated in section 6105 and the child previously has
6 been adjudicated delinquent by a court as a result of an
7 act or acts which included the elements of one of such
8 crimes.
9 (2) Notwithstanding any provision of this subsection,
10 the contents of law enforcement records and files concerning
11 any child adjudicated delinquent for the commission of any
12 criminal activity described in paragraph (1) shall be
13 recorded in the registry of the Pennsylvania State Police for
14 the limited purposes of this chapter.
15 (i) Reports.--The Pennsylvania State Police shall annually
16 compile and report to the General Assembly, on or before
17 December 31, the following information for the previous year:
18 (1) number of firearm sales, including the types of
19 firearms;
20 (2) number of applications for sale of firearms denied;
21 number of challenges of the denials; and number of final
22 reversals of initial denials;
23 (3) summary of the Pennsylvania State Police's
24 activities, including the average time taken to complete a
25 criminal history, juvenile delinquency history or mental
26 health record check; and
27 (4) uniform crime reporting statistics compiled by the
28 Pennsylvania State Police based on the National Incident-
29 based Reporting System.
30 (j) Other criminal information.--The Pennsylvania State
19960H2947B4137 - 39 -
1 Police shall be authorized to obtain any crime statistics
2 necessary for the purposes of this chapter from any local law
3 enforcement agency.
4 (j.1) Delinquency and mental health records.--The provisions
5 of this section which relate to juvenile delinquency and mental
6 health records checks shall be applicable when the data has been
7 made available to the Pennsylvania State Police but not later
8 than October 11, 1999.
9 (j.2) Records check.--The provisions of this section which
10 relate to the instantaneous records check conducted by telephone
11 shall be applicable 30 days following notice by the Pennsylvania
12 State Police pursuant to subsection (a)(2).
13 (k) Definition.--For the purposes of this section only, the
14 term "firearm" shall have the same meaning as in section 6111.2
15 (relating to firearm sales surcharge).
16 § 6111.2. Firearm sales surcharge.
17 (a) Surcharge imposed.--There is hereby imposed on each sale
18 of a firearm subject to tax under Article II of the act of March
19 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, an
20 additional surcharge of $3. This shall be referred to as the
21 Firearm Sale Surcharge. All moneys received from this surcharge
22 shall be deposited in the Firearm Instant Records Check Fund.
23 (b) Increases or decreases.--Five years from the effective
24 date of this subsection, and every five years thereafter, the
25 Pennsylvania State Police shall provide such information as
26 necessary to the Legislative Budget and Finance Committee for
27 the purpose of reviewing the need to increase or decrease the
28 instant check fee. The committee shall issue a report of its
29 findings and recommendations to the General Assembly for a
30 statutory change in the fee.
19960H2947B4137 - 40 -
1 (c) Revenue sources.--Funds received under the provisions of
2 this section and section 6111(b)(3), as estimated and certified
3 by the Secretary of Revenue, shall be deposited within five days
4 of the end of each quarter into the fund.
5 (d) Definition.--As used in this section only, the term
6 "firearm" shall mean any weapon which is designed to or may
7 readily be converted to expel any projectile by the action of an
8 explosion or the frame or receiver of any such weapon.
9 § 6111.3. Firearm Instant Records Check Fund.
10 (a) Establishment.--The Firearm Ownership Fund is hereby
11 established as a restricted account in the State Treasury,
12 separate and apart from all other public money or funds of the
13 Commonwealth, to be appropriated annually by the General
14 Assembly, for use in carrying out the provisions of section 6111
15 (relating to firearm ownership).
16 (b) Source.--The source of the fund shall be moneys
17 collected and transferred under section 6111.2 (relating to
18 firearm sales surcharge) and moneys collected and transferred
19 under section 6111(b)(3).]
20 Section 10. Sections 6111.4 and 6111.5 of Title 18 are
21 amended to read:
22 [§ 6111.4. Registration of firearms.
23 Notwithstanding any section of this chapter to the contrary,
24 nothing in this chapter shall be construed to allow any
25 government or law enforcement agency or any agent thereof to
26 create, maintain or operate any registry of firearm ownership
27 within this Commonwealth. For the purposes of this section only,
28 the term "firearm" shall include any weapon that is designed to
29 or may readily be converted to expel any projectile by the
30 action of an explosive or the frame or receiver of any such
19960H2947B4137 - 41 -
1 weapon.
2 § 6111.5. Rules and regulations.
3 The Pennsylvania State Police shall in the manner provided by
4 law promulgate the rules and regulations necessary to carry out
5 this chapter, including regulations to ensure the identity,
6 confidentiality and security of all records and data provided
7 pursuant hereto.]
8 Section 11. Section 6113 of Title 18, amended November 22,
9 1995 (P.L.621, No.66), is amended to read:
10 § 6113. Licensing of dealers.
11 (a) General rule.--The chief or head of any police force or
12 police department of a city, and, elsewhere, the sheriff of the
13 county, shall grant to reputable applicants licenses, in form
14 prescribed by the Pennsylvania State Police, effective for
15 [three years] one year from date of issue, permitting the
16 licensee to sell firearms direct to the consumer, subject to the
17 following conditions in addition to those specified in section
18 6111 (relating to sale or transfer of firearms), for breach of
19 any of which the license shall be forfeited and the licensee
20 subject to punishment as provided in this subchapter:
21 (1) The business shall be carried on only [upon the
22 premises] in the building designated in the license [or at a
23 lawful gun show or meet].
24 (2) The license, or a copy thereof, certified by the
25 issuing authority, shall be displayed on the premises where
26 it can easily be read.
27 (3) No firearm shall be sold in violation of any
28 provision of this subchapter.
29 (4) No firearm shall be sold under any circumstances
30 unless the purchaser is personally known to the seller or
19960H2947B4137 - 42 -
1 shall present clear evidence of the purchaser's identity.
2 (5) A true record in triplicate shall be made of every
3 firearm sold, in a book kept for the purpose, the form of
4 which may be prescribed by the Pennsylvania State Police, and
5 shall be personally signed by the purchaser and by the person
6 effecting the sale, each in the presence of the other, and
7 shall contain the information required by section 6111.
8 (6) No firearm [as defined in section 6102 (relating to
9 definitions)] or imitation thereof, or placard advertising
10 the sale thereof, shall be displayed in any part of any
11 premises where it can readily be seen from the outside. In
12 the event that the Commissioner of the Pennsylvania State
13 Police shall find a clear and present danger to public safety
14 within this Commonwealth or any area thereof, firearms,
15 rifles and shotguns shall be stored by a licensee during the
16 hours when the licensee is closed for business and
17 safeguarded pursuant to regulations to be established by the
18 Pennsylvania State Police [by the licensee during the hours
19 when the licensee is closed for business.
20 (7) The dealer shall possess all applicable current
21 revenue licenses].
22 (b) Fee.--The fee for issuing said license shall be [$30]
23 $10, which fee shall be paid into the county treasury.
24 (c) Revocation.--Any license granted under subsection (a) of
25 this section may be revoked [for cause] by the person issuing
26 the same, upon written notice to the holder thereof.
27 [(d) Definitions.--For the purposes of this section only
28 unless otherwise specifically provided, the term "firearm" shall
29 include any weapon that is designed to or may readily be
30 converted to expel any projectile by the action of an explosive
19960H2947B4137 - 43 -
1 or the frame or receiver of any such weapon.]
2 Section 12. Sections 6115 and 6116 of Title 18 are amended
3 to read:
4 § 6115. Loans on, or lending or giving firearms prohibited.
5 [(a) Offense defined.--No person shall make any loan secured
6 by mortgage, deposit or pledge of a firearm, nor, except as
7 provided in subsection (b), shall any person lend or give a
8 firearm to another or otherwise deliver a firearm contrary to
9 the provisions of this subchapter.
10 (b) Exception.--
11 (1) Subsection (a) shall not apply if any of the
12 following apply:
13 (i) The person who receives the firearm is licensed
14 to carry a firearm under section 6109 (relating to
15 licenses).
16 (ii) The person who receives the firearm is exempt
17 from licensing.
18 (iii) The person who receives the firearm is engaged
19 in a hunter safety program certified by the Pennsylvania
20 Game Commission or a firearm training program or
21 competition sanctioned or approved by the National Rifle
22 Association.
23 (iv) The person who receives the firearm meets all
24 of the following:
25 (A) Is under 18 years of age.
26 (B) Pursuant to section 6110.1 (relating to
27 possession of firearm by minor) is under the
28 supervision, guidance and instruction of a
29 responsible individual who:
30 (I) is 21 years of age or older; and
19960H2947B4137 - 44 -
1 (II) is not prohibited from owning or
2 possessing a firearm under section 6105 (relating
3 to persons not to possess, use, manufacture,
4 control, sell or transfer firearms).
5 (v) The person who receives the firearm is lawfully
6 hunting or trapping and is in compliance with the
7 provisions of Title 34 (relating to game).
8 (vi) A bank or other chartered lending institution
9 is able to adequately secure firearms in its possession.
10 (2) Nothing in this section shall be construed to
11 prohibit the transfer of a firearm under 20 Pa.C.S. Ch. 21
12 (relating to intestate succession) or by bequest if the
13 individual receiving the firearm is not precluded from owning
14 or possessing a firearm under section 6105.
15 (3) Nothing in this section shall be construed to
16 prohibit the loaning or giving of a firearm to another in
17 one's dwelling or place of business if the firearm is
18 retained within the dwelling or place of business.] No person
19 shall make any loan secured by mortgage, deposit or pledge of
20 a firearm, nor shall any person lend or give a firearm to
21 another or otherwise deliver a firearm contrary to the
22 provisions of this subchapter.
23 § 6116. False evidence of identity.
24 [In addition to any other penalty provided in this chapter,
25 the] No person shall, in purchasing or otherwise securing
26 delivery of a firearm or in applying for a license to carry the
27 firearm, give false information or offer false evidence of his
28 identity. The furnishing of false information or offering false
29 evidence of identity is a violation of section 4904 (relating to
30 unsworn falsification to authorities).
19960H2947B4137 - 45 -
1 Section 13. Sections 6117, 6118, 6123, 6125 and 6126 of
2 Title 18, amended November 22, 1995 (P.L.621, No.66), are
3 amended to read:
4 § 6117. Altering or obliterating marks of identification.
5 (a) Offense defined.--No person shall change, alter, remove,
6 or obliterate the name of the maker, model, manufacturer's
7 number [integral to the frame or receiver of any] or other mark
8 of identification on any firearm [which shall have the same
9 meaning as provided in section 6105 (relating to persons not to
10 possess, use, manufacture, control, sell or transfer firearms)].
11 (b) Presumption.--Possession of any firearm upon which any
12 such mark shall have been changed, altered, removed or
13 obliterated shall be prima facie evidence that the possessor has
14 changed, altered, removed or obliterated the same.
15 [(c) Penalty.--A violation of this section constitutes a
16 felony of the second degree.
17 (d) Appellate review.--If a sentencing court refuses to
18 apply this section where applicable, the Commonwealth shall have
19 the right to appellate review of the action of the sentencing
20 court. The appellate court shall vacate the sentence and remand
21 the case to the sentencing court for imposition of a sentence in
22 accordance with this section if it finds that the sentence was
23 imposed in violation of this section.]
24 § 6118. Antique firearms.
25 (a) General rule.--This subchapter shall not apply to
26 antique firearms.
27 (b) Exception.--Subsection (a) shall not apply to the extent
28 that such antique firearms, reproductions or replicas of
29 firearms are concealed weapons as provided in section 6106
30 (relating to firearms not to be carried without a license), nor
19960H2947B4137 - 46 -
1 shall it apply to the provisions of section 6105 (relating to
2 [persons not to possess, use, manufacture, control, sell or
3 transfer firearms] former convict not to own a firearm, etc.) if
4 such antique firearms, reproductions or replicas of firearms are
5 suitable for use.
6 (c) Definition.--As used in this section, the term "antique
7 firearm" means:
8 (1) Any firearm with a matchlock, flintlock or
9 percussion cap type of ignition system[.
10 (2) Any firearm], which was manufactured [on] in or
11 before 1898.
12 [(3)] (2) Any replica of any firearm described in
13 paragraph [(2)] (1) if such replica:
14 (i) is not designed or redesigned for using rimfire
15 or conventional center fire fixed ammunition; or
16 (ii) uses rimfire or conventional center fire fixed
17 ammunition which is no longer manufactured in the United
18 States and which is not readily available in the ordinary
19 channels of commercial trade.
20 § 6123. Waiver of disability or pardons.
21 A waiver of disability from Federal authorities as provided
22 for in 18 U.S.C. § 925 (relating to exceptions; relief from
23 disabilities), a full pardon from the Governor or an overturning
24 of a conviction shall remove any corresponding disability under
25 this subchapter except the disability under section 6105
26 (relating to [persons not to possess, use, manufacture, control,
27 sell or transfer firearms] former convict not to own a firearm,
28 etc.).
29 [§ 6125. Distribution of uniform firearm laws and firearm
30 safety brochures.
19960H2947B4137 - 47 -
1 It shall be the duty of the Pennsylvania State Police
2 beginning January 1, 1996, to distribute to every licensed
3 firearm dealer in this Commonwealth firearms safety brochures at
4 no cost to the dealer. The brochures shall be written by the
5 Pennsylvania State Police, with the cooperation of the
6 Pennsylvania Game Commission, and shall include a summary of the
7 major provisions of this subchapter, including, but not limited
8 to, the duties of the sellers and purchasers and the transferees
9 of firearms. The brochure or a copy thereof shall be provided
10 without charge to each purchaser.
11 § 6126. Firearms Background Check Advisory Committee.
12 (a) Establishment.--There is hereby established the Firearms
13 Background Check Advisory Committee which shall consist of six
14 members as follows:
15 (1) The Governor or a designee.
16 (2) The Attorney General or a designee.
17 (3) The Majority Leader of the Senate or a designee.
18 (4) The Minority Leader of the Senate or a designee.
19 (5) The Majority Leader of the House of Representatives
20 or a designee.
21 (6) The Minority Leader of the House of Representatives
22 or a designee.
23 (b) Duties.--To facilitate compliance with this chapter and
24 the intent thereof, the Firearms Background Check Advisory
25 Committee shall, as follows:
26 (1) Review the operations and procedures of the
27 Pennsylvania State Police relating to the implementation and
28 administration of the criminal history, juvenile delinquency
29 and mental health records background checks.
30 (2) Advise the Pennsylvania State Police relating to the
19960H2947B4137 - 48 -
1 development and maintenance of the instantaneous records
2 check system.
3 (3) Provide annual reports to the Governor and the
4 General Assembly on the advisory committee's findings and
5 recommendations, including discussions concerning conformance
6 with the Preamble of the act of June 13, 1995 (1st Sp.Sess.,
7 P.L. , No.17), entitled, "An act amending Titles 18
8 (Crimes and Offenses) and 42 (Judiciary and Judicial
9 Procedure) of the Pennsylvania Consolidated Statutes, further
10 providing for the possession of firearms; establishing a
11 selected Statewide juvenile offender registry; and making an
12 appropriation."
13 (c) Terms.--Members or their designees shall serve a term of
14 office concurrent with the term of office for which the member
15 was elected. Any vacancy shall be filled by the appointing
16 authority.
17 (d) Chairperson.--The Governor shall appoint the chairperson
18 of the advisory committee.
19 (e) Expiration.--This section shall expire July 1, 2001, or
20 at the end of two years following the implementation of the
21 instant records check, whichever is sooner.]
22 Section 14. The provisions of 42 Pa.C.S. § 6308(d) are
23 repealed.
24 Section 15. The appropriation made by section 12 of the act
25 of June 13, 1995 (1st Sp.Sess., P.L.621, No.17), entitled "An
26 act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary
27 and Judicial Procedure) of the Pennsylvania Consolidated
28 Statutes, further providing for the possession of firearms;
29 establishing a selected Statewide juvenile offender registry;
30 and making an appropriation," is rescinded.
19960H2947B4137 - 49 -
1 Section 16. This act shall take effect immediately.
C20L18VDL/19960H2947B4137 - 50 -