PRINTER'S NO. 1424
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. 20070H1160B1424 - 3 -
1 Section 2. This act shall take effect in 60 days. C19L18AJM/20070H1160B1424 - 4 -