PRINTER'S NO. 517
No. 483 Session of 2005
INTRODUCED BY ORIE, WOZNIAK, ROBBINS, RAFFERTY, RHOADES, COSTA,
GORDNER, M. WHITE AND BOSCOLA, MARCH 28, 2005
REFERRED TO JUDICIARY, MARCH 28, 2005
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for firearms not to
3 be carried without a license and for firearms licenses.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6106(b) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended by adding a paragraph to read:
8 § 6106. Firearms not to be carried without a license.
9 * * *
10 (b) Exceptions.--The provisions of subsection (a) shall not
11 apply to:
12 * * *
13 (14) Any person who possesses a valid and lawfully
14 issued license or permit to carry a firearm which has been
15 issued under the laws of any other state or jurisdiction if
16 all of the following apply:
17 (i) The other state or jurisdiction provides a
18 reciprocal privilege for persons licensed to carry
1 firearms under section 6109, regardless of whether a
2 reciprocity agreement exists between the Commonwealth and
3 the other state or jurisdiction pursuant to section
4 6109(k).
5 (ii) The Attorney General makes a determination that
6 the licensing requirements of the other state or
7 jurisdiction are similar to those of the Commonwealth.
8 (iii) A notice of the determination under
9 subparagraph (ii) is published in the Pennsylvania
10 Bulletin.
11 * * *
12 Section 2. Section 6109(e)(3), (h), (i) and (k) of Title 18
13 are amended and the section is amended by adding subsections to
14 read:
15 § 6109. Licenses.
16 * * *
17 (e) Issuance of license.--
18 * * *
19 (3) The license shall bear the name, address, date of
20 birth, race, sex, citizenship, Social Security number,
21 height, weight, color of hair, color of eyes and signature of
22 the licensee; the signature of the sheriff issuing the
23 license; a license number of which the first two numbers
24 shall be a county location code followed by numbers issued in
25 numerical sequence; the Firearms License Validation System
26 toll-free telephone number; the reason for issuance; [and]
27 the period of validation[. The sheriff may also require]; and
28 a photograph of the licensee [on the license]. The original
29 license shall be issued to the applicant. [The first copy of
30 the license shall be forwarded to the commissioner within
20050S0483B0517 - 2 -
1 seven days of the date of issue, and a second copy] A copy of
2 the license shall be retained by the issuing authority for a
3 period of six years[.] and shall, at the end of the six-year
4 period, be destroyed unless it has been renewed within that
5 six-year period. The sheriff issuing a license shall, within
6 24 hours of the issuance, provide the Attorney General with
7 the valid license number. The sheriff may not provide any
8 other information on the license to the Attorney General.
9 Within 24 hours of the expiration of the six-month grace
10 period established by section 6106(b)(12) (relating to
11 firearms not to be carried without a license) for a license
12 which has not been renewed, the sheriff shall inform the
13 Attorney General that the license number has expired.
14 * * *
15 (h) Fee.--
16 (1) The fee for a license to carry a firearm is [$19]
17 $22. This includes [a] all of the following:
18 (i) A renewal notice processing fee of [$1.50. This
19 includes an] $2.50.
20 (ii) An administrative fee of $5 under section 14(2)
21 of the act of July 6, 1984 (P.L.614, No.127), known as
22 the Sheriff Fee Act.
23 (iii) A reciprocity fee of $2. The sheriff shall
24 remit the fee under this subparagraph to the Attorney
25 General, who shall use the fee to administer subsection
26 (k) and section 6106(b)(14).
27 (2) No fee other than that provided by this [paragraph]
28 subsection or the Sheriff Fee Act may be assessed by the
29 sheriff for the performance of any background check made
30 pursuant to this act.
20050S0483B0517 - 3 -
1 (3) The fee is payable to the sheriff to whom the
2 application is submitted and is payable at the time of
3 application for the license.
4 (4) Except for the administrative fee of $5 under
5 section 14(2) of the Sheriff Fee Act, all other fees shall be
6 refunded if the application is denied but shall not be
7 refunded if a license is issued and subsequently revoked.
8 (5) A person who sells or attempts to sell a license to
9 carry a firearm for a fee in excess of the amounts fixed
10 under this subsection commits a summary offense.
11 (i) Revocation.--A license to carry firearms may be revoked
12 by the issuing authority for good cause. A license to carry
13 firearms shall be revoked by the issuing authority for any
14 reason stated in subsection (e)(1) which occurs during the term
15 of the permit. Notice of revocation shall be in writing and
16 shall state the specific reason for revocation. Notice shall be
17 sent by certified mail, and, at that time, [a copy shall be
18 forwarded to the commissioner] notice shall also be provided to
19 the Attorney General that the license number has been revoked.
20 An individual whose license is revoked shall surrender the
21 license to the issuing authority within five days of receipt of
22 the notice. An individual whose license is revoked may appeal to
23 the court of common pleas for the judicial district in which the
24 individual resides. An individual who violates this section
25 commits a summary offense.
26 * * *
27 (k) Reciprocity.--The Attorney General [may] shall have the
28 power and duty to enter into reciprocity agreements with other
29 states providing for the mutual recognition of each state's or
30 other jurisdiction's license or permit to carry a firearm. In
20050S0483B0517 - 4 -
1 order to carry out this duty, the Attorney General may negotiate
2 reciprocity agreements and grant recognition of any state's or
3 other jurisdiction's license or permit to carry a firearm. The
4 Attorney General shall provide the toll-free telephone number
5 for the Firearms License Validation System to any other state or
6 jurisdiction which has entered into a reciprocity agreement with
7 the Commonwealth.
8 (l) Inquiries.--
9 (1) The Attorney General shall, no later than 30 days
10 after the effective date of this subsection and not less than
11 once every six months thereafter, make written inquiry of the
12 appropriate authorities in any other state which does not
13 have a current reciprocity agreement with the Commonwealth as
14 to whether a resident of this Commonwealth may carry a
15 concealed firearm in that state or within a jurisdiction
16 within that state based upon having a valid Pennsylvania
17 license to carry a firearm or whether a resident of this
18 Commonwealth may apply for a concealed firearm carrying
19 license or permit in that state or in a jurisdiction within
20 the state based upon having a valid Pennsylvania license to
21 carry a firearm.
22 (2) The Attorney General shall maintain a current list
23 of those states which have a reciprocity agreement with the
24 Commonwealth, those states and jurisdictions which allow
25 residents of this Commonwealth to carry a concealed firearm
26 based upon having a valid Pennsylvania license to carry a
27 firearm and those states and jurisdictions which allow
28 residents of this Commonwealth to apply for a concealed
29 firearm carrying license or permit based upon a valid
30 Pennsylvania license to carry a firearm. The list shall be
20050S0483B0517 - 5 -
1 made available to the public and shall be published on the
2 Internet.
3 (m) Firearms License Validation System.--The Attorney
4 General shall establish a nationwide toll-free telephone number,
5 known as the Firearms License Validation System, which shall be
6 operational seven days per week, 24 hours per day for the
7 purpose of responding to inquiries regarding the validity of the
8 license number of any Pennsylvania license to carry a firearm.
9 Notwithstanding any other law to the contrary regarding the
10 confidentiality of information under this chapter, inquiries to
11 the system regarding the validity of license numbers may be made
12 by any individual, including the Pennsylvania State Police and
13 other law enforcement personnel. The Attorney General shall
14 employ and train such personnel as are necessary to administer
15 the provisions of this subsection.
16 Section 3. The Attorney General shall report to the General
17 Assembly within 180 days of the effective date of this act on
18 the agreements which have been consummated pursuant to 18
19 Pa.C.S. § 6109(k).
20 Section 4. Within 60 days of the effective date of this act,
21 the Pennsylvania State Police shall destroy any records, whether
22 in a computerized or automated system or in any other format,
23 concerning any Pennsylvania license to carry a firearm. This
24 section shall not apply to records of individuals who have, in
25 violation of the laws of this Commonwealth, carried a firearm in
26 a vehicle or concealed on or about their persons.
27 Section 5. Within 30 days of the effective date of this act,
28 each sheriff and the chief of police in a city of the first
29 class shall provide the Attorney General with a list of license
30 numbers for all currently valid licenses to carry a firearm
20050S0483B0517 - 6 -
1 which the sheriff or chief of police has issued.
2 Section 6. This act shall take effect in 90 days.
L27L18JS/20050S0483B0517 - 7 -