PRINTER'S NO. 3414
No. 2421 Session of 2004
INTRODUCED BY THOMAS, JOSEPHS, YOUNGBLOOD, BISHOP, CORRIGAN,
JAMES, KIRKLAND, WATERS AND MYERS, MARCH 15, 2004
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 15, 2004
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the offense of
3 carrying firearms without a license, for firearms licenses
4 and for sale or transfer of firearms; and establishing the
5 Firearm Safety Education Fund.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 6106(a)(1) of Title 18 of the
9 Pennsylvania Consolidated Statutes is amended and the section is
10 amended by adding a subsection to read:
11 § 6106. Firearms not to be carried without a license.
12 (a) Offense defined.--
13 (1) Except as provided in paragraph (2), any person who
14 carries a firearm in any vehicle or any person who carries a
15 firearm concealed on or about his person, except in his place
16 of abode or fixed place of business, without a valid and
17 lawfully issued license under this chapter commits a felony
18 of the [third] first degree.
19 * * *
1 (e) Restitution.--
2 (1) Any person who violates subsection (a)(1) and uses
3 the firearm to cause the death or serious bodily injury to
4 another person shall, in addition to any other penalty
5 provided by law, be ordered to pay restitution to the victim
6 or estate of the victim equal to the medical and other
7 expenses incurred by the victim as a result of the use of the
8 firearm.
9 (2) Any person who is ordered to pay restitution under
10 this subsection and is sentenced to a term of imprisonment
11 may not be released or paroled unless the person has taken
12 affirmative action to pay such restitution.
13 Section 2. Section 6109(h) of Title 18 is amended to read:
14 § 6109. Licenses.
15 * * *
16 (h) Fee.--
17 (1) The fee for a license to carry a firearm is [$19]
18 $24. This includes a renewal notice processing fee of $1.50.
19 This includes an administrative fee of $5 under section 14(2)
20 of the act of July 6, 1984 (P.L.614, No.127), known as the
21 Sheriff Fee Act. No fee other than that provided by this
22 paragraph or the Sheriff Fee Act may be assessed by the
23 sheriff for the performance of any background check made
24 pursuant to this act. The fee is payable to the sheriff to
25 whom the application is submitted and is payable at the time
26 of application for the license. Except for the administrative
27 fee of $5 under section 14(2) of the Sheriff Fee Act, all
28 other fees shall be refunded if the application is denied but
29 shall not be refunded if a license is issued and subsequently
30 revoked.
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1 (2) A person who sells or attempts to sell a license to
2 carry a firearm for a fee in excess of the amounts fixed
3 under this subsection commits a summary offense.
4 (3) Five dollars of the fee collected under this
5 paragraph shall be deposited into the Firearm Safety
6 Education Fund, which is hereby established as a separate
7 fund in the State Treasury. The moneys of the fund shall be
8 distributed by the Pennsylvania Commission on Crime and
9 Delinquency to entities that provide firearm safety education
10 to minors in this Commonwealth.
11 * * *
12 Section 3. Section 6111(g) of Title 18 is amended by adding
13 a paragraph to read:
14 § 6111. Sale or transfer of firearms.
15 * * *
16 (g) Penalties.--
17 * * *
18 (1.1) Any person, licensed dealer, licensed manufacturer
19 or licensed importer who knowingly or intentionally sells,
20 delivers or transfers a firearm in violation of this section
21 to a person who uses the firearm to cause death or serious
22 bodily injury to another person, and who knew that the
23 firearm would be so used shall, in addition to any other
24 penalty provided by law, be ordered to pay restitution to the
25 victim or estate of the victim equal to the medical and other
26 expenses incurred by the victim as a result of the use of the
27 firearm.
28 * * *
29 Section 4. This act shall take effect in 60 days.
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