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                                                      PRINTER'S NO. 1424

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1160 Session of 2007


        INTRODUCED BY METCALFE, BASTIAN, COX, EVERETT, GERGELY, GRELL,
           M. KELLER, KORTZ, MOUL, MUSTIO, PETRARCA, PYLE, RAPP, ROAE,
           ROHRER, R. STEVENSON AND CAUSER, APRIL 25, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, APRIL 25, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for licenses for
     3     carrying a firearm.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 6109 of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended by adding a subsection to read:
     8  § 6109.  Licenses.
     9     * * *
    10     (m.1)  Temporary emergency licenses.--
    11         (1)  A person seeking a temporary emergency license to
    12     carry a concealed firearm shall submit to the sheriff of the
    13     county in which the person resides all of the following:
    14             (i)  Evidence of imminent danger to the person or
    15         member of the person's family.
    16             (ii)  A sworn affidavit that contains the information
    17         required on an application for a license to carry a
    18         firearm and attesting that the person is 21 years of age

     1         or older, is not prohibited from owning firearms under
     2         section 6105 (relating to persons not to possess, use,
     3         manufacture, control, sell or transfer firearms) or any
     4         other Federal or State law and is not currently subject
     5         to a protection from abuse order or a protection order
     6         issued by a court of another state.
     7             (iii)  A temporary emergency license fee established
     8         by the Commissioner of the Pennsylvania State Police for
     9         an amount that does not exceed the actual cost of
    10         conducting the criminal background check or $10,
    11         whichever is less.
    12         (2)  Upon receipt of the items required under paragraph
    13     (1), the sheriff immediately shall conduct a criminal
    14     history, juvenile delinquency and mental health record check
    15     of the applicant. Immediately upon receipt of the results of
    16     the records check, the sheriff shall review the information
    17     and shall determine whether the applicant meets the criteria
    18     set forth in this section. If the sheriff determines, to the
    19     best of the sheriff's ability, that the applicant has met all
    20     of the criteria, the sheriff shall immediately issue the
    21     applicant a temporary emergency license to carry a concealed
    22     firearm.
    23         (3)  If the sheriff refuses to issue a temporary
    24     emergency license, the sheriff shall specify the grounds for
    25     the denial in a written notice to the applicant. The
    26     applicant may appeal the denial or challenge criminal records
    27     check results that were the basis of the denial, if
    28     applicable, in the same manner as a denial of a license to
    29     carry a firearm under this section.
    30         (4)  A temporary emergency license issued under this
    20070H1160B1424                  - 2 -     

     1     subsection shall be valid for 90 days and may not be renewed.
     2     A person who has been issued a temporary emergency license
     3     under this subsection shall not be issued another temporary
     4     emergency license unless at least four years have expired
     5     since the issuance of the prior temporary emergency license.
     6         (5)  A person who holds a temporary emergency license to
     7     carry a firearm shall have the same rights to carry a firearm
     8     as a person issued a license to carry a firearm under this
     9     section. A licensee under this subsection shall be subject to
    10     all other duties, restrictions and penalties under this
    11     section.
    12         (6)  A sheriff who issues a temporary emergency license
    13     to carry a firearm shall retain, for the entire period during
    14     which the temporary emergency license is in effect, the
    15     evidence of imminent danger that the applicant submitted to
    16     the sheriff that was the basis for the license, or a copy of
    17     the evidence, as appropriate.
    18         (7)  The application for a temporary emergency license to
    19     carry a firearm shall be uniform throughout this Commonwealth
    20     and shall be on a form prescribed by the Pennsylvania State
    21     Police.
    22         (8)  As used in this subsection, the term "evidence of
    23     imminent danger" means a written document prepared by a
    24     governmental entity or public official describing the facts
    25     that give a person reasonable cause to fear a criminal attack
    26     upon the person or a member of the person's family that would
    27     justify a prudent person to carry a firearm. Written
    28     documents of this nature include, but are not limited to, any
    29     temporary or final protection from abuse order or protection
    30     order issued by another state.
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     1     Section 2.  This act shall take effect in 60 days.




















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