SENATE AMENDED PRIOR PRINTER'S NOS. 2516, 3514, 3908, PRINTER'S NO. 4528 4522
No. 1845 Session of 2007
INTRODUCED BY SABATINA, BLACKWELL, BRENNAN, CRUZ, JAMES, JOSEPHS, W. KELLER, KENNEY, KIRKLAND, MELIO, MURT, M. O'BRIEN, PAYTON, ROEBUCK, SIPTROTH, K. SMITH, SWANGER, R. TAYLOR, THOMAS, WATERS, YOUNGBLOOD, GERBER, HARPER AND HARHAI, SEPTEMBER 27, 2007
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, OCTOBER 7, 2008
AN ACT 1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and 2 Judicial Procedure) of the Pennsylvania Consolidated 3 Statutes, FURTHER PROVIDING FOR SENTENCE FOR MURDER AND <-- 4 MURDER OF UNBORN CHILD; PROVIDING FOR THE OFFENSE OF CRIMINAL 5 HOMICIDE OF LAW ENFORCEMENT OFFICER AND FOR THE OFFENSE OF 6 ASSAULT OF LAW ENFORCEMENT OFFICER; IMPOSING PENALTIES; 7 further providing for false reports to law enforcement 8 authorities; in firearms, further providing for ineligibility 9 for possession or dealing, for required licensure, for 10 emergency prohibitions, for licenses, for possession with 11 altered manufacturer's number, for sale or transfer, for the <-- 12 Pennsylvania State Police and for registration, FOR <-- 13 REGISTRATION PENNSYLVANIA STATE POLICE, FOR ALTERING OR <-- 14 OBLITERATING MARKS OF IDENTIFICATION, FOR FIREARM TRACING AND 15 FOR PROCEDURE; ESTABLISHING THE STRAW PURCHASE PREVENTION 16 EDUCATION PROGRAM AND THE STRAW PURCHASE PREVENTION EDUCATION 17 FUND; further providing for limitation of actions; 18 PRESCRIBING SENTENCES FOR OFFENSES COMMITTED AGAINST LAW <-- 19 ENFORCEMENT OFFICER; and abrogating a regulation. 20 The General Assembly of the Commonwealth of Pennsylvania 21 hereby enacts as follows: 22 Section 1. Sections 4906(c) and 6105(b) of Title 18 of the <-- 23 Pennsylvania Consolidated Statutes are amended to read: 24 SECTION 1. SECTION 1102(A), (B) AND (C) OF TITLE 18 OF THE <--
1 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ: 2 § 1102. SENTENCE FOR MURDER [AND], MURDER OF [AN] UNBORN CHILD 3 AND MURDER OF LAW ENFORCEMENT OFFICER. 4 (A) FIRST DEGREE.-- 5 (1) A PERSON WHO HAS BEEN CONVICTED OF A MURDER OF THE 6 FIRST DEGREE OR OF MURDER OF A LAW ENFORCEMENT OFFICER OF THE 7 FIRST DEGREE SHALL BE SENTENCED TO DEATH OR TO A TERM OF LIFE 8 IMPRISONMENT IN ACCORDANCE WITH 42 PA.C.S. § 9711 (RELATING 9 TO SENTENCING PROCEDURE FOR MURDER OF THE FIRST DEGREE). 10 (2) THE SENTENCE FOR A PERSON WHO HAS BEEN CONVICTED OF 11 FIRST DEGREE MURDER OF AN UNBORN CHILD SHALL BE THE SAME AS 12 THE SENTENCE FOR MURDER OF THE FIRST DEGREE, EXCEPT THAT THE 13 DEATH PENALTY SHALL NOT BE IMPOSED. THIS PARAGRAPH SHALL NOT 14 AFFECT THE DETERMINATION OF AN AGGRAVATING CIRCUMSTANCE UNDER 15 42 PA.C.S. § 9711(D)(17) FOR THE KILLING OF A PREGNANT WOMAN. 16 (B) SECOND DEGREE.--A PERSON WHO HAS BEEN CONVICTED OF 17 MURDER OF THE SECOND DEGREE [OR], OF SECOND DEGREE MURDER OF AN 18 UNBORN CHILD OR OF SECOND DEGREE MURDER OF A LAW ENFORCEMENT 19 OFFICER SHALL BE SENTENCED TO A TERM OF LIFE IMPRISONMENT. 20 (C) ATTEMPT, SOLICITATION AND CONSPIRACY [TO COMMIT MURDER 21 OR MURDER OF AN UNBORN CHILD].--NOTWITHSTANDING SECTION 1103(1) 22 (RELATING TO SENTENCE OF IMPRISONMENT FOR FELONY), A PERSON WHO 23 HAS BEEN CONVICTED OF ATTEMPT, SOLICITATION OR CONSPIRACY TO 24 COMMIT MURDER [OR], MURDER OF AN UNBORN CHILD OR MURDER OF A LAW 25 ENFORCEMENT OFFICER WHERE SERIOUS BODILY INJURY RESULTS MAY BE 26 SENTENCED TO A TERM OF IMPRISONMENT WHICH SHALL BE FIXED BY THE 27 COURT AT NOT MORE THAN 40 YEARS. WHERE SERIOUS BODILY INJURY 28 DOES NOT RESULT, THE PERSON MAY BE SENTENCED TO A TERM OF 29 IMPRISONMENT WHICH SHALL BE FIXED BY THE COURT AT NOT MORE THAN 30 20 YEARS. 20070H1845B4528 - 2 -
1 * * * 2 SECTION 1.1. TITLE 18 IS AMENDED BY ADDING SECTIONS TO READ: 3 § 2507. CRIMINAL HOMICIDE OF LAW ENFORCEMENT OFFICER. 4 (A) MURDER OF A LAW ENFORCEMENT OFFICER OF THE FIRST 5 DEGREE.--A PERSON COMMITS MURDER OF A LAW ENFORCEMENT OFFICER OF 6 THE FIRST DEGREE WHO INTENTIONALLY KILLS A LAW ENFORCEMENT 7 OFFICER WHILE IN THE PERFORMANCE OF DUTY KNOWING THE VICTIM IS A 8 LAW ENFORCEMENT OFFICER. 9 (B) MURDER OF A LAW ENFORCEMENT OFFICER OF THE SECOND 10 DEGREE.--A PERSON COMMITS MURDER OF A LAW ENFORCEMENT OFFICER OF 11 THE SECOND DEGREE WHO ENGAGES AS A PRINCIPAL OR AN ACCOMPLICE IN 12 THE PERPETRATION OF A FELONY DURING WHICH A LAW ENFORCEMENT 13 OFFICER IS KILLED WHILE IN THE PERFORMANCE OF DUTY. 14 (C) MANSLAUGHTER OF A LAW ENFORCEMENT OFFICER IN THE FIRST 15 DEGREE.--A PERSON COMMITS A FELONY IN THE FIRST DEGREE WHO DOES 16 ANY OF THE FOLLOWING: 17 (1) WITHOUT LAWFUL JUSTIFICATION KILLS A LAW ENFORCEMENT 18 OFFICER WHILE IN THE PERFORMANCE OF DUTY AND WITH KNOWLEDGE 19 THAT THE VICTIM WAS A LAW ENFORCEMENT OFFICER, IF AT THE TIME 20 OF THE KILLING: 21 (I) THE PERSON IS ACTING UNDER A SUDDEN AND INTENSE 22 PASSION RESULTING FROM SERIOUS PROVOCATION BY THE VICTIM 23 KILLED; OR 24 (II) THE PERSON IS ACTING UNDER A SUDDEN AND INTENSE 25 PASSION RESULTING FROM SERIOUS PROVOCATION BY ANOTHER 26 INDIVIDUAL WHOM THE ACTOR ENDEAVORS TO KILL, BUT THE 27 PERSON NEGLIGENTLY OR ACCIDENTALLY CAUSES THE DEATH OF 28 THE VICTIM. 29 (2) INTENTIONALLY OR KNOWINGLY KILLS A LAW ENFORCEMENT 30 OFFICER WHILE IN THE PERFORMANCE OF DUTY AND WITH KNOWLEDGE 20070H1845B4528 - 3 -
1 THAT THE VICTIM WAS A LAW ENFORCEMENT OFFICER, IF AT THE TIME 2 OF THE KILLING THE PERSON BELIEVES THE CIRCUMSTANCES TO BE 3 SUCH THAT, IF THEY EXISTED, WOULD JUSTIFY THE KILLING UNDER 4 CHAPTER 5 (RELATING TO GENERAL PRINCIPLES OF JUSTIFICATION), 5 BUT HIS BELIEF IS UNREASONABLE. 6 (D) MANSLAUGHTER OF A LAW ENFORCEMENT OFFICER IN THE SECOND 7 DEGREE.--A PERSON COMMITS A FELONY OF THE SECOND DEGREE WHO, AS 8 A DIRECT RESULT OF THE DOING OF AN UNLAWFUL OR LAWFUL ACT IN A 9 RECKLESS OR GROSSLY NEGLIGENT MANNER, CAUSES THE DEATH OF A LAW 10 ENFORCEMENT OFFICER WHILE IN THE PERFORMANCE OF DUTY AND THE 11 PERSON KNEW OR SHOULD HAVE KNOWN THE VICTIM WAS A LAW 12 ENFORCEMENT OFFICER. 13 (E) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING 14 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 15 SUBSECTION: 16 "LAW ENFORCEMENT OFFICER." THIS TERM SHALL HAVE THE SAME 17 MEANING AS THE TERM "PEACE OFFICER" IS GIVEN UNDER SECTION 501 18 (RELATING TO DEFINITIONS). 19 "PERPETRATION OF A FELONY." AS DEFINED UNDER SECTION 2502(D) 20 (RELATING TO MURDER). 21 § 2702.1. ASSAULT OF LAW ENFORCEMENT OFFICER. 22 (A) ASSAULT OF A LAW ENFORCEMENT OFFICER IN THE FIRST 23 DEGREE.--A PERSON COMMITS A FELONY OF THE FIRST DEGREE WHO 24 ATTEMPTS TO CAUSE OR INTENTIONALLY OR KNOWINGLY CAUSES BODILY 25 INJURY TO A LAW ENFORCEMENT OFFICER, WHILE IN THE PERFORMANCE OF 26 DUTY AND WITH KNOWLEDGE THAT THE VICTIM IS A LAW ENFORCEMENT 27 OFFICER, BY DISCHARGING A FIREARM. 28 (B) PENALTIES.--NOTWITHSTANDING SECTION 1103(1) (RELATING TO 29 SENTENCE OF IMPRISONMENT FOR FELONY), A PERSON CONVICTED UNDER 30 SUBSECTION (A) SHALL BE SENTENCED TO A TERM OF IMPRISONMENT 20070H1845B4528 - 4 -
1 FIXED BY THE COURT AT NOT MORE THAN 40 YEARS. 2 (C) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING 3 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 4 SUBSECTION: 5 "LAW ENFORCEMENT OFFICER." THE TERM SHALL HAVE THE SAME 6 MEANING AS THE TERM "PEACE OFFICER" IS GIVEN UNDER SECTION 501 7 (RELATING TO DEFINITIONS). 8 "FIREARM." AS DEFINED UNDER 42 PA.C.S. § 9712(E) (RELATING 9 TO SENTENCES FOR OFFENSES COMMITTED WITH FIREARMS). 10 SECTION 1.2. SECTIONS 4906(C) AND 6105(B) OF TITLE 18 ARE 11 AMENDED TO READ: 12 § 4906. False reports to law enforcement authorities. 13 * * * 14 (c) Grading.-- 15 (1) If the violation of subsection (a) or (b) occurs 16 during a declared state of emergency and the false report 17 causes the resources of the law enforcement authority to be 18 diverted from dealing with the declared state of emergency, 19 the offense shall be graded one step greater than that set 20 forth in the applicable subsection. 21 (2) If the violation of subsection (a) or (b) relates to 22 a false report of the theft or loss of a firearm, as defined 23 in section 5515 (relating to prohibiting of paramilitary 24 training), the offense shall be graded one step greater than 25 that set forth in the applicable subsection. 26 § 6105. Persons not to possess, use, manufacture, control, sell 27 or transfer firearms. 28 * * * 29 (b) Enumerated offenses.--The following offenses shall apply 30 to subsection (a): 20070H1845B4528 - 5 -
1 Section 908 (relating to prohibited offensive weapons).
2 Section 911 (relating to corrupt organizations).
3 Section 912 (relating to possession of weapon on school
4 property).
5 Section 2502 (relating to murder).
6 Section 2503 (relating to voluntary manslaughter).
7 Section 2504 (relating to involuntary manslaughter) if
8 the offense is based on the reckless use of a firearm.
9 Section 2702 (relating to aggravated assault).
10 Section 2703 (relating to assault by prisoner).
11 Section 2704 (relating to assault by life prisoner).
12 Section 2709.1 (relating to stalking).
13 Section 2716 (relating to weapons of mass destruction).
14 Section 2901 (relating to kidnapping).
15 Section 2902 (relating to unlawful restraint).
16 Section 2910 (relating to luring a child into a motor
17 vehicle or structure).
18 Section 3121 (relating to rape).
19 Section 3123 (relating to involuntary deviate sexual
20 intercourse).
21 Section 3125 (relating to aggravated indecent assault).
22 Section 3301 (relating to arson and related offenses).
23 Section 3302 (relating to causing or risking
24 catastrophe).
25 Section 3502 (relating to burglary).
26 Section 3503 (relating to criminal trespass) if the
27 offense is graded a felony of the second degree or higher.
28 Section 3701 (relating to robbery).
29 Section 3702 (relating to robbery of motor vehicle).
30 Section 3921 (relating to theft by unlawful taking or
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1 disposition) upon conviction of the second felony offense. 2 Section 3923 (relating to theft by extortion) when the 3 offense is accompanied by threats of violence. 4 Section 3925 (relating to receiving stolen property) upon 5 conviction of the second felony offense. 6 Section 4906 (relating to false reports to law 7 enforcement authorities) if the fictitious report involved 8 the theft of a firearm as provided in section 4906(c)(2). 9 Section 4912 (relating to impersonating a public servant) 10 if the person is impersonating a law enforcement officer. 11 Section 4952 (relating to intimidation of witnesses or 12 victims). 13 Section 4953 (relating to retaliation against witness 14 [or], victim or party). 15 Section 5121 (relating to escape). 16 Section 5122 (relating to weapons or implements for 17 escape). 18 Section 5501(3) (relating to riot). 19 Section 5515 (relating to prohibiting of paramilitary 20 training). 21 Section 5516 (relating to facsimile weapons of mass 22 destruction). 23 Section 6110.1 (relating to possession of firearm by 24 minor). 25 Section 6301 (relating to corruption of minors). 26 Section 6302 (relating to sale or lease of weapons and 27 explosives). 28 Any offense equivalent to any of the above-enumerated 29 offenses under the prior laws of this Commonwealth or any 30 offense equivalent to any of the above-enumerated offenses 20070H1845B4528 - 7 -
1 under the statutes of any other state or of the United 2 States. 3 * * * 4 Section 2. Section 6106(b) of Title 18 is amended by adding 5 a paragraph to read: 6 § 6106. Firearms not to be carried without a license. 7 * * * 8 (b) Exceptions.--The provisions of subsection (a) shall not 9 apply to: 10 * * * 11 (16) Any person holding a license in accordance with 12 section 6109(f)(3). 13 * * * 14 Section 3. Section 6107 of Title 18 is amended to read: 15 § 6107. Prohibited conduct during emergency. 16 (a) General rule.--No person shall carry a firearm[, rifle 17 or shotgun] upon the public streets or upon any public property 18 during an emergency proclaimed by a State or municipal 19 governmental executive unless that person is: 20 (1) Actively engaged in a defense of that person's life 21 or property from peril or threat. 22 (2) Licensed to carry firearms under section 6109 23 (relating to licenses) or is exempt from licensing under 24 section 6106(b) (relating to firearms not to be carried 25 without a license). 26 (b) Seizure, taking and confiscation.--Except as otherwise 27 provided under subsection (a) and notwithstanding the provisions 28 of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any 29 other provision of law to the contrary, no firearm, accessory or 30 ammunition may be seized, taken or confiscated during an 20070H1845B4528 - 8 -
1 emergency unless the seizure, taking or confiscation would be 2 authorized absent the emergency. 3 (c) Definitions.--As used in this section, the following 4 words and phrases shall have the meanings given to them in this 5 subsection: 6 "Accessory." Any scope, sight, bipod, sling, light, 7 magazine, clip or other related item that is attached to or 8 necessary for the operation of a firearm. 9 "Firearm." The term includes any weapon that is designed to 10 or may readily be converted to expel any projectile by the 11 action of an explosive or the frame or receiver of any weapon. 12 Section 4. Section 6109(f)(1) of Title 18 is amended, the 13 subsection is amended by adding paragraphs and the section is 14 amended by adding subsections to read: 15 § 6109. Licenses. 16 * * * 17 (f) Term of license.-- 18 (1) A license to carry a firearm issued under subsection 19 (e) shall be valid throughout this Commonwealth for a period 20 of five years unless extended under paragraph (3) or sooner 21 revoked. 22 * * * 23 (3) Notwithstanding paragraph (1) or any other provision 24 of law to the contrary, a license to carry a firearm that is 25 held by a member of the United States Armed Forces or the 26 Pennsylvania National Guard on Federal active duty and 27 deployed overseas that is scheduled to expire during the 28 period of deployment shall be extended until 90 days after 29 the end of the deployment. 30 (4) Possession of a license, together with a copy of the 20070H1845B4528 - 9 -
1 person's military orders showing the dates of overseas 2 deployment, including the date that the overseas deployment 3 ends, shall constitute, during the extension period specified 4 in paragraph (3), a defense to any charge filed pursuant to 5 section 6106 (relating to firearms not to be carried without 6 a license) or 6108 (relating to carrying firearms on public 7 streets or public property in Philadelphia). 8 * * * 9 (m.1) Temporary emergency licenses.-- 10 (1) A person seeking a temporary emergency license to 11 carry a concealed firearm shall submit to the sheriff of the 12 county in which the person resides all of the following: 13 (i) Evidence of imminent danger to the person or 14 member of the person's family. THE PERSON'S MINOR CHILD. <-- 15 FOR PURPOSES OF THIS SUBPARAGRAPH, THE TERM "MINOR" SHALL 16 HAVE THE SAME MEANING AS PROVIDED IN 1 PA.C.S. § 1991 17 (RELATING TO DEFINITIONS). 18 (ii) A sworn affidavit that contains the information 19 required on an application for a license to carry a 20 firearm and attesting that the person is 21 years of age 21 or older, is not prohibited from owning firearms under 22 section 6105 (relating to persons not to possess, use, 23 manufacture, control, sell or transfer firearms) or any 24 other Federal or State law and is not currently subject 25 to a protection from abuse order or a protection order 26 issued by a court of another state. 27 (iii) A IN ADDITION TO THE PROVISIONS OF SUBSECTION <-- 28 (H), A temporary emergency license fee established by the 29 Commissioner of the Pennsylvania State Police for an 30 amount that does not exceed the actual cost of conducting 20070H1845B4528 - 10 -
1 the criminal background check or $10, whichever is less. 2 (IV) AN APPLICATION FOR A LICENSE TO CARRY A FIREARM <-- 3 ON THE FORM PRESCRIBED PURSUANT TO SUBSECTION (C). 4 (2) Upon receipt of the items required under paragraph 5 (1), the sheriff immediately shall conduct a criminal 6 history, juvenile delinquency and mental health record check 7 of the applicant PURSUANT TO SECTION 6105. Immediately upon <-- 8 receipt of the results of the records check, the sheriff 9 shall review the information and shall determine whether the 10 applicant meets the criteria set forth in this section <-- 11 SUBSECTION. If the sheriff determines, to the best of the <-- 12 sheriff's ability, that the applicant has met all of the 13 criteria, the sheriff shall immediately issue the applicant a 14 temporary emergency license to carry a concealed firearm. 15 (3) If the sheriff refuses to issue a temporary 16 emergency license, the sheriff shall specify the grounds for 17 the denial in a written notice to the applicant. The 18 applicant may appeal the denial or challenge criminal records 19 check results that were the basis of the denial, if 20 applicable, in the same manner as a denial of a license to 21 carry a firearm under this section. 22 (4) A temporary emergency license issued under this 23 subsection shall be valid for 90 45 days and may not be <-- 24 renewed. A person who has been issued a temporary emergency 25 license under this subsection shall not be issued another 26 temporary emergency license unless at least four FIVE years <-- 27 have expired since the issuance of the prior temporary 28 emergency license. DURING THE 45 DAYS THE TEMPORARY EMERGENCY <-- 29 LICENSE IS VALID, THE SHERIFF SHALL CONDUCT AN ADDITIONAL 30 INVESTIGATION OF THE PERSON FOR THE PURPOSES OF DETERMINING 20070H1845B4528 - 11 -
1 WHETHER THE PERSON MAY BE ISSUED A LICENSE PURSUANT TO THIS 2 SECTION. IF, DURING THE COURSE OF THIS INVESTIGATION, THE 3 SHERIFF DISCOVERS ANY INFORMATION THAT WOULD HAVE PROHIBITED 4 THE ISSUANCE OF A LICENSE PURSUANT TO THIS SECTION, THE 5 SHERIFF SHALL BE AUTHORIZED TO REVOKE THE TEMPORARY EMERGENCY 6 LICENSE AS PROVIDED IN SUBSECTION (I). 7 (5) THE TEMPORARY EMERGENCY LICENSE ISSUED PURSUANT TO 8 THIS SECTION SHALL BE CONSISTENT WITH THE FORM PRESCRIBED IN 9 SUBSECTION (E)(3), (4) AND (5). IN ADDITION TO THE 10 INFORMATION PROVIDED IN THOSE PARAGRAPHS, THE TEMPORARY 11 EMERGENCY LICENSE SHALL BE CLEARLY MARKED "TEMPORARY." 12 (5) (6) A person who holds a temporary emergency license <-- 13 to carry a firearm shall have the same rights to carry a 14 firearm as a person issued a license to carry a firearm under 15 this section. A licensee under this subsection shall be 16 subject to all other duties, restrictions and penalties under 17 this section, INCLUDING REVOCATION PURSUANT TO SUBSECTION <-- 18 (I). 19 (6) (7) A sheriff who issues a temporary emergency <-- 20 license to carry a firearm shall retain, for the entire 21 period during which the temporary emergency license is in 22 effect, the evidence of imminent danger that the applicant 23 submitted to the sheriff that was the basis for the license, 24 or a copy of the evidence, as appropriate. 25 (7) The application for a temporary emergency license to <-- 26 carry a firearm shall be uniform throughout this Commonwealth 27 and shall be on a form prescribed by the Pennsylvania State 28 Police. 29 (8) A PERSON APPLYING FOR A TEMPORARY EMERGENCY LICENSE <-- 30 SHALL COMPLETE THE APPLICATION REQUIRED PURSUANT TO 20070H1845B4528 - 12 -
1 SUBSECTION (C) AND SHALL PROVIDE AT THE TIME OF APPLICATION 2 THE INFORMATION REQUIRED IN PARAGRAPH (1). 3 (9) PRIOR TO THE EXPIRATION OF A TEMPORARY EMERGENCY 4 LICENSE, IF THE SHERIFF HAS DETERMINED PURSUANT TO 5 INVESTIGATION THAT THE PERSON ISSUED A TEMPORARY EMERGENCY 6 LICENSE IS NOT DISQUALIFIED AND IF THE TEMPORARY EMERGENCY 7 LICENSE HAS NOT BEEN REVOKED PURSUANT TO SUBSECTION (I), THE 8 SHERIFF SHALL ISSUE A LICENSE PURSUANT TO THIS SECTION THAT 9 IS EFFECTIVE FOR THE BALANCE OF THE FIVE-YEAR PERIOD FROM THE 10 DATE OF THE ISSUANCE OF THE TEMPORARY EMERGENCY LICENSE. 11 RECORDS AND ALL OTHER INFORMATION, DUTIES AND OBLIGATIONS 12 REGARDING SUCH LICENSES SHALL BE APPLICABLE AS OTHERWISE 13 PROVIDED IN THIS SECTION. 14 (8) (10) As used in this subsection, the term "evidence <-- 15 of imminent danger" means: a written document prepared by a <-- 16 governmental entity or public official describing the facts 17 that give a person reasonable cause to fear a criminal attack 18 upon the person or a member of the person's family that would 19 justify a prudent person to carry a firearm. Written 20 documents of this nature include, but are not limited to, any 21 temporary or final protection from abuse order or protection 22 order issued by another state. 23 (I) A WRITTEN DOCUMENT PREPARED BY THE ATTORNEY <-- 24 GENERAL, A DISTRICT ATTORNEY, A CHIEF LAW ENFORCEMENT 25 OFFICER, JUDICIAL OFFICER OR THEIR DESIGNEES DESCRIBING 26 THE FACTS THAT GIVE A PERSON REASONABLE CAUSE TO FEAR A 27 CRIMINAL ATTACK UPON THE PERSON OR THE PERSON'S MINOR 28 CHILD. FOR THE PURPOSES OF THIS SUBPARAGRAPH, THE TERM 29 "CHIEF LAW ENFORCEMENT OFFICER" SHALL HAVE THE SAME 30 MEANING AS PROVIDED IN 42 PA.C.S. § 8951 (RELATING TO 20070H1845B4528 - 13 -
1 DEFINITIONS) AND "JUDICIAL OFFICER" SHALL HAVE THE SAME 2 MEANING AS PROVIDED IN 42 PA.C.S. § 102 (RELATING TO 3 DEFINITIONS). 4 (II) A POLICE REPORT. 5 (m.2) Inconsistent provisions.--Notwithstanding the 6 provisions of section 7506 (relating to violation of rules 7 regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727 8 (relating to additional limitations on operation), or the act of 9 June 28, 1995 (P.L.89, No.18), known as the Conservation and 10 Natural Resources Act, and regulations promulgated under that 11 act, a firearm may be carried as provided in subsection (a) by: 12 (1) a law enforcement officer whose current 13 identification as a law enforcement officer shall be 14 construed as a valid license to carry a firearm; or 15 (2) any licensee. 16 (m.3) Construction.--Nothing in this section shall be 17 construed to: <-- 18 (1) Permit the hunting or harvesting of any wildlife 19 CONSTRUED TO PERMIT THE HUNTING OR HARVESTING OF ANY WILDLIFE <-- 20 with a firearm or ammunition not otherwise permitted by 34 21 Pa.C.S. (relating to game). 22 (2) Authorize any Commonwealth agency to regulate the <-- 23 possession of firearms in any manner inconsistent with the 24 provisions of this title. 25 Section 5. Sections 6110.2 and 6111(b), (g)(4) and (j) of 26 Title 18 are amended to read: 27 § 6110.2. Possession of firearm with altered manufacturer's 28 number. 29 (a) General rule.--No person shall possess a firearm which 30 has had the manufacturer's number integral to the frame or 20070H1845B4528 - 14 -
1 receiver altered, changed, removed or obliterated. 2 (b) Penalty.--A person who violates this section commits a 3 [misdemeanor] felony of the [first] second degree. 4 (c) Definition.--As used in this section, the term "firearm" 5 shall have the same meaning as that term is defined in section 6 6105(i) (relating to persons not to possess, use, manufacture, 7 control, sell or transfer firearms), except that the term shall 8 not include antique firearms as defined in section 6118 9 (relating to antique firearms). 10 § 6111. Sale or transfer of firearms. 11 * * * 12 (b) Duty of seller.--No licensed importer, licensed 13 manufacturer or licensed dealer shall sell or deliver any 14 firearm to another person, other than a licensed importer, 15 licensed manufacturer, licensed dealer or licensed collector, 16 until the conditions of subsection (a) have been satisfied and 17 until he has: 18 (1) For purposes of a firearm as defined in section 6102 19 (relating to definitions), obtained a completed 20 application/record of sale from the potential buyer or 21 transferee to be filled out in triplicate, the original copy 22 to be sent to the Pennsylvania State Police, postmarked via 23 first class mail, within 14 days of the sale, one copy to be 24 retained by the licensed importer, licensed manufacturer or 25 licensed dealer for a period of 20 years and one copy to be 26 provided to the purchaser or transferee. The form of this 27 application/record of sale shall be no more than one page in 28 length and shall be promulgated by the Pennsylvania State 29 Police and provided by the licensed importer, licensed 30 manufacturer or licensed dealer. The application/record of 20070H1845B4528 - 15 -
1 sale shall include the name, address, birthdate, gender, 2 race, physical description and Social Security number of the 3 purchaser or transferee, the date of the application and the 4 caliber, length of barrel, make, model and manufacturer's 5 number of the firearm to be purchased or transferred. The 6 application/record of sale shall also contain the following 7 question: 8 Are you the actual buyer of the firearm(s), AS DEFINED <-- 9 UNDER 18 PA.C.S. § 6102, listed on this 10 application/record of sale? Warning: You are not the 11 actual buyer if you are acquiring the firearm(s) on 12 behalf of another person, unless you are legitimately 13 acquiring the firearm as a gift for any of the following 14 individuals who are legally eligible to own a firearm: 15 (1) spouse; 16 (2) parent; 17 (3) child; 18 (4) grandparent; or 19 (5) grandchild. 20 * * * 21 (g) Penalties.-- 22 * * * 23 (4) Any person, purchaser or transferee [who] commits a 24 felony of the third degree if, in connection with the 25 purchase, delivery or transfer of a firearm under this 26 chapter, he knowingly and intentionally: 27 (i) makes any materially false oral [or written 28 statement or] statement; 29 (ii) makes any materially false written statement, 30 including a statement on any form promulgated by Federal 20070H1845B4528 - 16 -
1 or State agencies; or 2 (iii) willfully furnishes or exhibits any false 3 identification intended or likely to deceive the seller, 4 licensed dealer or licensed manufacturer [commits a 5 felony of the third degree]. 6 * * * 7 (j) Exemption.-- 8 (1) The provisions of subsections (a) and (b) shall not 9 apply to: 10 (i) sales between Federal firearms licensees[.]; or 11 (ii) the purchase of firearms by a chief law 12 enforcement officer, or his designee, for the official 13 use of law enforcement officers. 14 (2) For the purposes of this subsection, the term "chief 15 law enforcement officer" shall include the Commissioner of 16 the Pennsylvania State Police, the chief or head of a police 17 department, a county sheriff or any equivalent law 18 enforcement official. 19 Section 6. Section 6111.1(b) of Title 18 is amended by <-- 20 adding a paragraph to read: 21 § 6111.1. Pennsylvania State Police. 22 * * * 23 (b) Duty of Pennsylvania State Police.-- 24 * * * 25 (5) The Pennsylvania State Police shall maintain a 26 registry of all firearms reported lost or stolen in this 27 Commonwealth. The registry shall contain, if available, the 28 manufacturer, model, caliber, serial number and any other 29 identifying information concerning any firearm reported lost 30 or stolen, as well as the name of the lawful owner of the 20070H1845B4528 - 17 -
1 firearm. If a firearm is reported stolen to a local law 2 enforcement agency, that agency shall collect the required 3 information and shall submit it to the Pennsylvania State 4 Police within 24 hours. Information concerning a firearm 5 reported lost or stolen: 6 (i) may be deleted from the registry after 20 years; 7 and 8 (ii) shall be deleted from the registry after the 9 firearm is returned to the lawful owner. 10 * * * 11 SECTION 6. SECTION 6111.1(E) 6111.1(B)(4), (E) AND (F) OF <-- 12 TITLE 18 ARE AMENDED TO READ: 13 § 6111.1. PENNSYLVANIA STATE POLICE. 14 * * * <-- 15 (B) DUTY OF PENNSYLVANIA STATE POLICE.-- 16 * * * 17 (4) THE PENNSYLVANIA STATE POLICE AND ANY LOCAL LAW 18 ENFORCEMENT AGENCY SHALL MAKE ALL REASONABLE EFFORTS TO 19 DETERMINE THE LAWFUL OWNER OF ANY FIREARM CONFISCATED OR 20 RECOVERED BY THE PENNSYLVANIA STATE POLICE OR ANY LOCAL LAW 21 ENFORCEMENT AGENCY AND RETURN SAID FIREARM TO ITS LAWFUL 22 OWNER IF THE OWNER IS NOT OTHERWISE PROHIBITED FROM 23 POSSESSING THE FIREARM. WHEN A COURT OF LAW HAS DETERMINED 24 THAT THE PENNSYLVANIA STATE POLICE OR ANY LOCAL LAW 25 ENFORCEMENT AGENCY HAVE FAILED TO EXERCISE THE DUTY UNDER 26 THIS SUBSECTION, REASONABLE ATTORNEY FEES SHALL BE AWARDED TO 27 ANY LAWFUL OWNER OF SAID FIREARM WHO HAS SOUGHT JUDICIAL 28 ENFORCEMENT OF THIS SUBSECTION. 29 * * * 30 (E) CHALLENGE TO RECORDS.-- 20070H1845B4528 - 18 -
1 (1) ANY PERSON WHO IS DENIED THE RIGHT TO RECEIVE, SELL, 2 TRANSFER, POSSESS, CARRY, MANUFACTURE OR PURCHASE A FIREARM 3 AS A RESULT OF THE PROCEDURES ESTABLISHED BY THIS SECTION MAY 4 CHALLENGE THE ACCURACY OF THAT PERSON'S CRIMINAL HISTORY, 5 JUVENILE DELINQUENCY HISTORY OR MENTAL HEALTH RECORD PURSUANT 6 TO A DENIAL BY THE INSTANTANEOUS RECORDS CHECK [IN ACCORDANCE 7 WITH PROCEDURES ESTABLISHED BY THE PENNSYLVANIA STATE POLICE. 8 THE DECISION RESULTING FROM A CHALLENGE UNDER THIS SUBSECTION 9 MAY BE APPEALED TO THE ATTORNEY GENERAL WITHIN 30 DAYS OF THE 10 DECISION BY THE PENNSYLVANIA STATE POLICE. THE DECISION OF 11 THE ATTORNEY GENERAL MAY BE APPEALED TO THE COMMONWEALTH 12 COURT IN ACCORDANCE WITH COURT RULE.] BY SUBMITTING A 13 CHALLENGE TO THE PENNSYLVANIA STATE POLICE WITHIN 30 DAYS 14 FROM THE DATE OF THE DENIAL. 15 (2) THE PENNSYLVANIA STATE POLICE SHALL CONDUCT A REVIEW 16 OF THE ACCURACY OF THE INFORMATION FORMING THE BASIS FOR THE 17 DENIAL, AND SHALL HAVE THE BURDEN OF PROVING THE ACCURACY OF 18 THE RECORD. WITHIN 20 DAYS AFTER RECEIVING A CHALLENGE, THE 19 PENNSYLVANIA STATE POLICE SHALL NOTIFY THE CHALLENGER OF THE 20 BASIS FOR THE DENIAL, INCLUDING, BUT NOT LIMITED TO, THE 21 JURISDICTION AND DOCKET NUMBER OF ANY RELEVANT COURT DECISION 22 AND PROVIDE THE CHALLENGER AN OPPORTUNITY TO PROVIDE 23 ADDITIONAL INFORMATION FOR THE PURPOSES OF THE REVIEW. THE 24 PENNSYLVANIA STATE POLICE SHALL COMMUNICATE ITS FINAL 25 DECISION TO THE CHALLENGER WITHIN 60 DAYS OF THE RECEIPT OF 26 THE CHALLENGE. THE DECISION OF THE PENNSYLVANIA STATE POLICE 27 SHALL INCLUDE ALL INFORMATION WHICH FORMED A BASIS FOR THE 28 DECISION. 29 (3) IF THE CHALLENGE IS RULED INVALID, THE PERSON SHALL 30 HAVE THE RIGHT TO APPEAL THE DECISION TO THE ATTORNEY GENERAL 20070H1845B4528 - 19 -
1 WITHIN 30 DAYS OF THE DECISION. THE ATTORNEY GENERAL SHALL 2 CONDUCT A HEARING DE NOVO IN ACCORDANCE WITH THE 3 ADMINISTRATIVE AGENCY LAW. THE BURDEN OF PROOF SHALL BE UPON 4 THE COMMONWEALTH. 5 (4) THE DECISION OF THE ATTORNEY GENERAL MAY BE APPEALED 6 TO THE COMMONWEALTH COURT BY AN AGGRIEVED PARTY. 7 (F) NOTIFICATION OF MENTAL HEALTH ADJUDICATION, TREATMENT, 8 COMMITMENT, DRUG USE OR ADDICTION.-- 9 (1) NOTWITHSTANDING ANY STATUTE TO THE CONTRARY, JUDGES 10 OF THE COURTS OF COMMON PLEAS SHALL NOTIFY THE PENNSYLVANIA 11 STATE POLICE, ON A FORM DEVELOPED BY THE PENNSYLVANIA STATE 12 POLICE, OF: 13 (I) THE IDENTITY OF ANY INDIVIDUAL WHO HAS BEEN 14 ADJUDICATED AS AN INCOMPETENT OR AS A MENTAL DEFECTIVE OR 15 WHO HAS BEEN INVOLUNTARILY COMMITTED TO A MENTAL 16 INSTITUTION [FOR INPATIENT CARE AND TREATMENT] UNDER THE 17 ACT OF JULY 9, 1976 (P.L.817, NO.143), KNOWN AS THE 18 MENTAL HEALTH PROCEDURES ACT, OR WHO HAS BEEN 19 INVOLUNTARILY TREATED AS DESCRIBED IN SECTION 6105(C)(4) 20 (RELATING TO PERSONS NOT TO POSSESS, USE, MANUFACTURE, 21 CONTROL, SELL OR TRANSFER FIREARMS)[.] OR AS DESCRIBED IN 22 18 U.S.C. § 922(G)(4) (RELATING TO UNLAWFUL ACTS) AND ITS 23 IMPLEMENTING FEDERAL REGULATIONS; AND 24 (II) ANY FINDING OF FACT OR COURT ORDER RELATED TO 25 ANY PERSON DESCRIBED IN 18 U.S.C. § 922(G)(3). 26 (2) THE NOTIFICATION SHALL BE TRANSMITTED BY THE JUDGE 27 TO THE PENNSYLVANIA STATE POLICE WITHIN SEVEN DAYS OF THE 28 ADJUDICATION, COMMITMENT OR TREATMENT. 29 (3) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE 30 PENNSYLVANIA STATE POLICE MAY DISCLOSE, ELECTRONICALLY OR 20070H1845B4528 - 20 -
1 OTHERWISE, TO THE UNITED STATES ATTORNEY GENERAL OR A 2 DESIGNEE, ANY RECORD RELEVANT TO A DETERMINATION OF WHETHER A 3 PERSON IS DISQUALIFIED FROM POSSESSING OR RECEIVING A FIREARM 4 UNDER 18 U.S.C. § 922 (G)(3) OR (4) OR AN APPLICABLE STATE 5 STATUTE. 6 * * * 7 Section 7. Sections 6111.4 and 6117, 6117 6117, AND 6127(A) <-- 8 AND 9152(D) AND (E) of Title 18 are amended to read: <-- 9 § 6111.4. Registration of firearms. <-- 10 Notwithstanding any section of this chapter to the contrary, 11 nothing in this chapter shall be construed to allow any 12 government or law enforcement agency or any agent thereof to 13 create, maintain or operate any registry of firearm ownership 14 within this Commonwealth[.], other than a registry of firearms 15 reported lost or stolen under section 6111.1(b)(5) (relating to 16 Pennsylvania State Police). For the purposes of this section 17 only, the term "firearm" shall include any weapon that is 18 designed to or may readily be converted to expel any projectile 19 by the action of an explosive or the frame or receiver of any 20 such weapon. 21 § 6117. Altering or obliterating marks of identification. 22 (a) Offense defined.--No person shall change, alter, remove, 23 or obliterate the manufacturer's number integral to the frame or 24 receiver of any firearm which shall have the same meaning as 25 provided in section 6105 (relating to persons not to possess, 26 use, manufacture, control, sell or transfer firearms). 27 [(b) Presumption.--Possession of any firearm upon which any 28 such mark shall have been changed, altered, removed or 29 obliterated shall be prima facie evidence that the possessor has 30 changed, altered, removed or obliterated the same.] 20070H1845B4528 - 21 -
1 (c) Penalty.--A violation of this section constitutes a 2 felony of the second degree. 3 [(d) Appellate review.--If a sentencing court refuses to 4 apply this section where applicable, the Commonwealth shall have 5 the right to appellate review of the action of the sentencing 6 court. The appellate court shall vacate the sentence and remand 7 the case to the sentencing court for imposition of a sentence in 8 accordance with this section if it finds that the sentence was 9 imposed in violation of this section.] 10 § 6127. FIREARM TRACING. <-- 11 (A) ILLEGAL POSSESSION.--UPON CONFISCATING OR RECOVERING A 12 FIREARM FROM THE POSSESSION OF ANYONE [UNDER 21 YEARS OF AGE] 13 WHO IS NOT PERMITTED BY FEDERAL OR STATE LAW TO POSSESS A 14 FIREARM, A LOCAL LAW ENFORCEMENT AGENCY SHALL USE THE BEST 15 AVAILABLE INFORMATION, INCLUDING A FIREARMS TRACE WHERE 16 NECESSARY, TO DETERMINE HOW AND FROM WHERE THE PERSON [UNDER 21 17 YEARS OF AGE] GAINED POSSESSION OF THE FIREARM. 18 * * * 19 SECTION 8. CHAPTER 61 OF TITLE 18 IS AMENDED BY ADDING A <-- 20 SUBCHAPTER TO READ: 21 SUBCHAPTER D 22 STRAW PURCHASE PREVENTION 23 EDUCATION PROGRAM 24 SEC. 25 6181. SCOPE OF SUBCHAPTER. 26 6182. LEGISLATIVE FINDINGS AND DECLARATIONS. 27 6183. DEFINITIONS. 28 6184. STRAW PURCHASE PREVENTION EDUCATION PROGRAM. 29 6185. POWERS AND DUTIES OF ATTORNEY GENERAL. 30 6186. STRAW PURCHASE PREVENTION EDUCATION FUND. 20070H1845B4528 - 22 -
1 6187. TRANSFER FOR INITIAL FUNDING. 2 § 6181. SCOPE OF SUBCHAPTER. 3 THIS SUBCHAPTER PROVIDES FOR THE ESTABLISHMENT OF THE STRAW 4 PURCHASE PREVENTION EDUCATION PROGRAM WITHIN THE OFFICE OF 5 ATTORNEY GENERAL. 6 § 6182. LEGISLATIVE FINDINGS AND DECLARATIONS. 7 THE GENERAL ASSEMBLY FINDS AND DECLARES THAT: 8 (1) THE ILLEGAL PURCHASE OF FIREARMS THROUGHOUT THIS 9 COMMONWEALTH IS A THREAT TO PUBLIC SAFETY AND SECURITY. 10 (2) URBAN AREAS ARE EXPERIENCING INCREASED VIOLENCE AS A 11 RESULT OF CRIMINAL MISUSE OF FIREARMS. STEMMING THE FLOW OF 12 THESE ILLEGAL FIREARMS THROUGH STRAW PURCHASES WILL HELP TO 13 CURB THE CRIME RATE THROUGHOUT THIS COMMONWEALTH AND INCREASE 14 PUBLIC SAFETY. 15 (3) EDUCATING THE PUBLIC THAT ILLEGALLY PURCHASING A 16 FIREARM FOR SOMEONE OTHERWISE PROHIBITED FROM POSSESSING ONE 17 IS A SERIOUS CRIME AND PUNISHABLE UNDER FEDERAL LAW BY TEN 18 YEARS' IMPRISONMENT ADVANCES PUBLIC SAFETY. 19 (4) COMMITTED TO EDUCATING FIREARMS DEALERS AND THE 20 GENERAL PUBLIC, THE NATIONAL SHOOTING SPORTS FOUNDATION, IN 21 PARTNERSHIP WITH THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 22 EXPLOSIVES, IN JULY 2000 CREATED THE "DON'T LIE FOR THE OTHER 23 GUY PROGRAM." 24 (5) THE "DON'T LIE FOR THE OTHER GUY PROGRAM" WAS 25 DEVELOPED TO RAISE PUBLIC AWARENESS THAT IT IS A SERIOUS 26 CRIME TO PURCHASE A FIREARM FOR SOMEONE WHO CANNOT LEGALLY DO 27 SO AND TO EDUCATE FIREARMS DEALERS ON HOW TO BETTER DETECT 28 AND DETER POTENTIAL STRAW PURCHASES. THE CAMPAIGN DELIVERS 29 THE MESSAGE THAT ANYONE ATTEMPTING AN ILLEGAL FIREARM 30 PURCHASE FACES A STIFF FEDERAL PENALTY. 20070H1845B4528 - 23 -
1 (6) THE "DON'T LIE FOR THE OTHER GUY PROGRAM" IS VITAL 2 TO EDUCATING FEDERALLY LICENSED FIREARMS DEALERS AND THEIR 3 EMPLOYEES ON HOW TO RECOGNIZE AND DETER THE ILLEGAL PURCHASE 4 OF FIREARMS THROUGH STRAW PURCHASES. THIS PROGRAM IS AN 5 IMPORTANT TOOL FOR THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS 6 AND EXPLOSIVES TO PURSUE ITS MISSION OF PREVENTING TERRORISM, 7 REDUCING VIOLENT CRIME AND PROTECTING THE PUBLIC. 8 (7) THE NATIONALLY RECOGNIZED "DON'T LIE FOR THE OTHER 9 GUY PROGRAM" HAS BEEN ENDORSED BY UNITED STATES ATTORNEYS 10 THROUGHOUT THE NATION, VARIOUS LAW ENFORCEMENT AGENCIES, THE 11 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AND THE 12 DEPARTMENT OF JUSTICE. 13 (8) IT IS IN THE BEST INTEREST OF THIS COMMONWEALTH TO 14 ESTABLISH A STRAW PURCHASE PREVENTION EDUCATION PROGRAM 15 WITHIN THE OFFICE OF ATTORNEY GENERAL TO PROVIDE RESOURCES 16 AND DIRECT GRANT MONEY TO THE "DON'T LIE FOR THE OTHER GUY 17 PROGRAM" AND SIMILAR PROGRAMS THAT OFFER STRAW PURCHASE 18 PREVENTION EDUCATION. 19 § 6183. DEFINITIONS. 20 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER 21 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 22 CONTEXT CLEARLY INDICATES OTHERWISE: 23 "FUND." THE STRAW PURCHASE PREVENTION EDUCATION FUND 24 ESTABLISHED IN SECTION 6186 (RELATING TO STRAW PURCHASE 25 PREVENTION EDUCATION FUND). 26 "PROGRAM." THE STRAW PURCHASE PREVENTION EDUCATION PROGRAM 27 ESTABLISHED IN SECTION 6184 (RELATING TO STRAW PURCHASE 28 PREVENTION EDUCATION PROGRAM). 29 § 6184. STRAW PURCHASE PREVENTION EDUCATION PROGRAM. 30 (A) ESTABLISHMENT.--THE STRAW PURCHASE PREVENTION EDUCATION 20070H1845B4528 - 24 -
1 PROGRAM IS ESTABLISHED AND SHALL PROVIDE RESOURCES AND DIRECT 2 GRANT MONEY TO UNDERWRITE THE COST OF IMPLEMENTING AN 3 EDUCATIONAL AND PUBLIC SERVICE OUTREACH PROGRAM IN THE 4 COMMUNITY. 5 (B) OUTREACH.--THE EDUCATIONAL AND PUBLIC SERVICE OUTREACH 6 PROGRAM SHALL INFORM INDIVIDUALS OF THE ILLEGAL NATURE OF 7 PURCHASING A FIREARM FOR AN INDIVIDUAL PROHIBITED FROM OWNING 8 FIREARMS. THE OUTREACH PROGRAM SHALL BE DEVELOPED BY A NOT-FOR- 9 PROFIT ORGANIZATION WHICH: 10 (1) IS A NATIONAL TRADE ASSOCIATION REPRESENTING THE 11 SHOOTING, HUNTING AND FIREARM INDUSTRY. 12 (2) HAS A MEMBERSHIP CONSISTING OF FIREARM 13 MANUFACTURERS, FIREARM DISTRIBUTORS, FIREARM RETAILERS, 14 PUBLISHERS AND SPORTSMEN'S ORGANIZATIONS. 15 (3) HAS BEEN IN EXISTENCE FOR AT LEAST 45 YEARS PRIOR TO 16 THE EFFECTIVE DATE OF THIS SECTION. 17 (C) PRIORITY OF GRANTS.--GRANTS SHALL BE PRIORITIZED BASED 18 ON THE HIGHEST INCIDENCE OF FIREARM VIOLENCE IN A COUNTY OF THIS 19 COMMONWEALTH. 20 § 6185. POWERS AND DUTIES OF ATTORNEY GENERAL. 21 IN ADDITION TO ANY OTHER POWERS AND DUTIES, THE ATTORNEY 22 GENERAL OF THE COMMONWEALTH SHALL: 23 (1) ESTABLISH A GRANT PROGRAM TO PROVIDE MONEYS FROM THE 24 FUND PURSUANT TO SECTION 6184 (RELATING TO STRAW PURCHASE 25 PREVENTION EDUCATION PROGRAM). 26 (2) PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE 27 PROVISIONS OF THIS SUBCHAPTER. 28 § 6186. STRAW PURCHASE PREVENTION EDUCATION FUND. 29 (A) ESTABLISHMENT.--THE STRAW PURCHASE PREVENTION EDUCATION 30 FUND IS HEREBY ESTABLISHED IN THE STATE TREASURY AS A RESTRICTED 20070H1845B4528 - 25 -
1 ACCOUNT. THE FUND SHALL CONSIST OF FUNDS APPROPRIATED BY THE 2 GENERAL ASSEMBLY. 3 (B) CONTINUING APPROPRIATION.--ALL MONEYS IN THE FUND AND 4 THE INTEREST ACCRUING THEREON ARE HEREBY APPROPRIATED TO THE 5 OFFICE OF ATTORNEY GENERAL ON A CONTINUING BASIS TO CARRY OUT 6 THE PROVISIONS OF THIS SUBCHAPTER. 7 § 6187. TRANSFER FOR INITIAL FUNDING. 8 THE SUM OF $100,000 IS HEREBY TRANSFERRED FROM THE GENERAL 9 FUND TO THE STRAW PURCHASE PREVENTION EDUCATION FUND FOR 10 EXPENDITURE DURING THE FISCAL YEAR JULY 1, 2008 2009, TO JUNE <-- 11 30, 2009 2010, TO CARRY OUT THE PROVISIONS OF THIS SUBCHAPTER. <-- 12 SECTION 8.1. SECTION 9152(D) AND (E) OF TITLE 18 ARE AMENDED <-- 13 TO READ: 14 § 9152. PROCEDURE. <-- 15 * * * 16 (D) REVIEW OF CHALLENGE.--ALL CRIMINAL JUSTICE AGENCIES 17 SHALL HAVE 60 DAYS TO CONDUCT A REVIEW OF ANY CHALLENGE AND 18 SHALL HAVE THE BURDEN OF PROVING THE ACCURACY OF THE RECORD. THE 19 DECISION ON THE CHALLENGE SHALL INCLUDE ALL INFORMATION, 20 INCLUDING, BUT NOT LIMITED TO, THE JURISDICTION AND DOCKET 21 NUMBER OF ANY RELEVANT COURT DECISION WHICH FORMED A BASIS FOR 22 THE DECISION. IF THE CHALLENGE IS DEEMED VALID, THE APPROPRIATE 23 OFFICIALS MUST ENSURE THAT: 24 (1) THE CRIMINAL HISTORY RECORD INFORMATION IS 25 CORRECTED. 26 (2) A CERTIFIED AND CORRECTED COPY OF THE CRIMINAL 27 HISTORY RECORD INFORMATION IS PROVIDED TO THE INDIVIDUAL. 28 (3) PRIOR ERRONEOUS CRIMINAL HISTORY RECORD INFORMATION 29 DISSEMINATED TO CRIMINAL JUSTICE AGENCIES SHALL BE DESTROYED 30 OR RETURNED AND REPLACED WITH CORRECTED INFORMATION. 20070H1845B4528 - 26 -
1 (4) THE INDIVIDUAL IS SUPPLIED WITH THE NAMES OF THOSE 2 NONCRIMINAL JUSTICE AGENCIES AND INDIVIDUALS WHICH HAVE 3 RECEIVED ERRONEOUS CRIMINAL HISTORY RECORD INFORMATION. 4 (E) APPEALS.-- 5 (1) IF THE CHALLENGE IS RULED INVALID, AN INDIVIDUAL HAS 6 THE RIGHT TO APPEAL THE DECISION TO THE ATTORNEY GENERAL 7 WITHIN 30 DAYS OF NOTIFICATION OF THE DECISION BY THE 8 CRIMINAL JUSTICE AGENCY. 9 (2) THE ATTORNEY GENERAL SHALL [HAVE THE AUTHORITY TO 10 CONDUCT ADMINISTRATIVE APPEAL HEARINGS] CONDUCT A HEARING DE 11 NOVO IN ACCORDANCE WITH THE ADMINISTRATIVE AGENCY LAW. THE 12 BURDEN OF PROOF SHALL BE UPON THE PARTY BEARING THE BURDEN OF 13 PROOF ON THE CHALLENGE. 14 (3) THE DECISION OF THE ATTORNEY GENERAL MAY BE APPEALED 15 TO THE COMMONWEALTH COURT BY AN AGGRIEVED INDIVIDUAL. 16 SECTION 8. CHAPTER 61 OF TITLE 18 IS AMENDED BY ADDING A <-- 17 SUBCHAPTER TO READ: 18 SUBCHAPTER D 19 STRAW PURCHASE PREVENTION 20 EDUCATION PROGRAM 21 SEC. 22 6181. SCOPE OF SUBCHAPTER. 23 6182. LEGISLATIVE FINDINGS AND DECLARATIONS. 24 6183. DEFINITIONS. 25 6184. STRAW PURCHASE PREVENTION EDUCATION PROGRAM. 26 6185. POWERS AND DUTIES OF ATTORNEY GENERAL. 27 6186. STRAW PURCHASE PREVENTION EDUCATION FUND. 28 6187. TRANSFER FOR INITIAL FUNDING. 29 § 6181. SCOPE OF SUBCHAPTER. 30 THIS SUBCHAPTER PROVIDES FOR THE ESTABLISHMENT OF THE STRAW 20070H1845B4528 - 27 -
1 PURCHASE PREVENTION EDUCATION PROGRAM WITHIN THE OFFICE OF 2 ATTORNEY GENERAL. 3 § 6182. LEGISLATIVE FINDINGS AND DECLARATIONS. 4 THE GENERAL ASSEMBLY FINDS AND DECLARES THAT: 5 (1) THE ILLEGAL PURCHASE OF FIREARMS THROUGHOUT THIS 6 COMMONWEALTH IS A THREAT TO PUBLIC SAFETY AND SECURITY. 7 (2) URBAN AREAS ARE EXPERIENCING INCREASED VIOLENCE AS A 8 RESULT OF CRIMINAL MISUSE OF FIREARMS. STEMMING THE FLOW OF 9 THESE ILLEGAL FIREARMS THROUGH STRAW PURCHASES WILL HELP TO 10 CURB THE CRIME RATE THROUGHOUT THIS COMMONWEALTH AND INCREASE 11 PUBLIC SAFETY. 12 (3) EDUCATING THE PUBLIC THAT ILLEGALLY PURCHASING A 13 FIREARM FOR SOMEONE OTHERWISE PROHIBITED FROM POSSESSING ONE 14 IS A SERIOUS CRIME AND PUNISHABLE UNDER FEDERAL LAW BY TEN 15 YEARS' IMPRISONMENT ADVANCES PUBLIC SAFETY. 16 (4) COMMITTED TO EDUCATING FIREARMS DEALERS AND THE 17 GENERAL PUBLIC, THE NATIONAL SHOOTING SPORTS FOUNDATION, IN 18 PARTNERSHIP WITH THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND 19 EXPLOSIVES, IN JULY 2000 CREATED THE "DON'T LIE FOR THE OTHER 20 GUY PROGRAM." 21 (5) THE "DON'T LIE FOR THE OTHER GUY PROGRAM" WAS 22 DEVELOPED TO RAISE PUBLIC AWARENESS THAT IT IS A SERIOUS 23 CRIME TO PURCHASE A FIREARM FOR SOMEONE WHO CANNOT LEGALLY DO 24 SO AND TO EDUCATE FIREARMS DEALERS ON HOW TO BETTER DETECT 25 AND DETER POTENTIAL STRAW PURCHASES. THE CAMPAIGN DELIVERS 26 THE MESSAGE THAT ANYONE ATTEMPTING AN ILLEGAL FIREARM 27 PURCHASE FACES A STIFF FEDERAL PENALTY. 28 (6) THE "DON'T LIE FOR THE OTHER GUY PROGRAM" IS VITAL 29 TO EDUCATING FEDERALLY LICENSED FIREARMS DEALERS AND THEIR 30 EMPLOYEES ON HOW TO RECOGNIZE AND DETER THE ILLEGAL PURCHASE 20070H1845B4528 - 28 -
1 OF FIREARMS THROUGH STRAW PURCHASES. THIS PROGRAM IS AN 2 IMPORTANT TOOL FOR THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS 3 AND EXPLOSIVES TO PURSUE ITS MISSION OF PREVENTING TERRORISM, 4 REDUCING VIOLENT CRIME AND PROTECTING THE PUBLIC. 5 (7) THE NATIONALLY RECOGNIZED "DON'T LIE FOR THE OTHER 6 GUY PROGRAM" HAS BEEN ENDORSED BY UNITED STATES ATTORNEYS 7 THROUGHOUT THE NATION, VARIOUS LAW ENFORCEMENT AGENCIES, THE 8 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES AND THE 9 DEPARTMENT OF JUSTICE. 10 (8) IT IS IN THE BEST INTEREST OF THIS COMMONWEALTH TO 11 ESTABLISH A STRAW PURCHASE PREVENTION EDUCATION PROGRAM 12 WITHIN THE OFFICE OF ATTORNEY GENERAL TO PROVIDE RESOURCES 13 AND DIRECT GRANT MONEY TO THE "DON'T LIE FOR THE OTHER GUY 14 PROGRAM" AND SIMILAR PROGRAMS THAT OFFER STRAW PURCHASE 15 PREVENTION EDUCATION. 16 § 6183. DEFINITIONS. 17 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER 18 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 19 CONTEXT CLEARLY INDICATES OTHERWISE: 20 "FUND." THE STRAW PURCHASE PREVENTION EDUCATION FUND 21 ESTABLISHED IN SECTION 6186 (RELATING TO STRAW PURCHASE 22 PREVENTION EDUCATION FUND). 23 "PROGRAM." THE STRAW PURCHASE PREVENTION EDUCATION PROGRAM 24 ESTABLISHED IN SECTION 6184 (RELATING TO STRAW PURCHASE 25 PREVENTION EDUCATION PROGRAM). 26 § 6184. STRAW PURCHASE PREVENTION EDUCATION PROGRAM. 27 (A) ESTABLISHMENT.--THE STRAW PURCHASE PREVENTION EDUCATION 28 PROGRAM IS ESTABLISHED AND SHALL PROVIDE RESOURCES AND DIRECT 29 GRANT MONEY TO UNDERWRITE THE COST OF IMPLEMENTING AN 30 EDUCATIONAL AND PUBLIC SERVICE OUTREACH PROGRAM IN THE 20070H1845B4528 - 29 -
1 COMMUNITY. 2 (B) OUTREACH.--THE EDUCATIONAL AND PUBLIC SERVICE OUTREACH 3 PROGRAM SHALL INFORM INDIVIDUALS OF THE ILLEGAL NATURE OF 4 PURCHASING A FIREARM FOR AN INDIVIDUAL PROHIBITED FROM OWNING 5 FIREARMS. THE OUTREACH PROGRAM SHALL BE DEVELOPED BY A NOT-FOR- 6 PROFIT ORGANIZATION WHICH: 7 (1) IS A NATIONAL TRADE ASSOCIATION REPRESENTING THE 8 SHOOTING, HUNTING AND FIREARM INDUSTRY. 9 (2) HAS A MEMBERSHIP CONSISTING OF FIREARM 10 MANUFACTURERS, FIREARM DISTRIBUTORS, FIREARM RETAILERS, 11 PUBLISHERS AND SPORTSMEN'S ORGANIZATIONS. 12 (3) HAS BEEN IN EXISTENCE FOR AT LEAST 45 YEARS PRIOR TO 13 THE EFFECTIVE DATE OF THIS SECTION. 14 (C) PRIORITY OF GRANTS.--GRANTS SHALL BE PRIORITIZED BASED 15 ON THE HIGHEST INCIDENCE OF FIREARM VIOLENCE IN A COUNTY OF THIS 16 COMMONWEALTH. 17 § 6185. POWERS AND DUTIES OF ATTORNEY GENERAL. 18 IN ADDITION TO ANY OTHER POWERS AND DUTIES, THE ATTORNEY 19 GENERAL OF THE COMMONWEALTH SHALL: 20 (1) ESTABLISH A GRANT PROGRAM TO PROVIDE MONEYS FROM THE 21 FUND PURSUANT TO SECTION 6184 (RELATING TO STRAW PURCHASE 22 PREVENTION EDUCATION PROGRAM). 23 (2) PROMULGATE RULES AND REGULATIONS TO CARRY OUT THE 24 PROVISIONS OF THIS SUBCHAPTER. 25 § 6186. STRAW PURCHASE PREVENTION EDUCATION FUND. 26 (A) ESTABLISHMENT.--THE STRAW PURCHASE PREVENTION EDUCATION 27 FUND IS HEREBY ESTABLISHED IN THE STATE TREASURY AS A RESTRICTED 28 ACCOUNT. THE FUND SHALL CONSIST OF FUNDS APPROPRIATED BY THE 29 GENERAL ASSEMBLY. 30 (B) CONTINUING APPROPRIATION.--ALL MONEYS IN THE FUND AND 20070H1845B4528 - 30 -
1 THE INTEREST ACCRUING THEREON ARE HEREBY APPROPRIATED TO THE 2 OFFICE OF ATTORNEY GENERAL ON A CONTINUING BASIS TO CARRY OUT 3 THE PROVISIONS OF THIS SUBCHAPTER. 4 § 6187. TRANSFER FOR INITIAL FUNDING. 5 THE SUM OF $100,000 IS HEREBY TRANSFERRED FROM THE GENERAL 6 FUND TO THE STRAW PURCHASE PREVENTION EDUCATION FUND FOR 7 EXPENDITURE DURING THE FISCAL YEAR JULY 1, 2008 2009, TO JUNE <-- 8 30, 2009 2010, TO CARRY OUT THE PROVISIONS OF THIS SUBCHAPTER. <-- 9 Section 8 9. Section 5552(b)(1) and (c) of Title 42 are <-- 10 amended to read: 11 § 5552. Other offenses. 12 * * * 13 (b) Major offenses.--A prosecution for any of the following 14 offenses must be commenced within five years after it is 15 committed: 16 (1) Under the following provisions of Title 18 (relating 17 to crimes and offenses): 18 Section 901 (relating to criminal attempt) involving 19 attempt to commit murder where no murder occurs. 20 Section 902 (relating to criminal solicitation) 21 involving solicitation to commit murder where no murder 22 occurs. 23 Section 903 (relating to criminal conspiracy) 24 involving conspiracy to commit murder where no murder 25 occurs. 26 Section 911 (relating to corrupt organizations). 27 Section 2702 (relating to aggravated assault). 28 Section 2706 (relating to terroristic threats). 29 Section 2713 (relating to neglect of care-dependent 30 person). 20070H1845B4528 - 31 -
1 Section 2901 (relating to kidnapping).
2 Section 3301 (relating to arson and related
3 offenses).
4 Section 3502 (relating to burglary).
5 Section 3701 (relating to robbery).
6 Section 3921 (relating to theft by unlawful taking or
7 disposition) through section 3933 (relating to unlawful
8 use of computer).
9 Section 4101 (relating to forgery).
10 Section 4107 (relating to deceptive or fraudulent
11 business practices).
12 Section 4108 (relating to commercial bribery and
13 breach of duty to act disinterestedly).
14 Section 4109 (relating to rigging publicly exhibited
15 contest).
16 Section 4117 (relating to insurance fraud).
17 Section 4701 (relating to bribery in official and
18 political matters) through section 4703 (relating to
19 retaliation for past official action).
20 Section 4902 (relating to perjury) through section
21 4912 (relating to impersonating a public servant).
22 Section 4952 (relating to intimidation of witnesses
23 or victims).
24 Section 4953 (relating to retaliation against witness
25 [or victim], victim or party).
26 Section 5101 (relating to obstructing administration
27 of law or other governmental function).
28 Section 5111 (relating to dealing in proceeds of
29 unlawful activities).
30 Section 5512 (relating to lotteries, etc.) through
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1 section 5514 (relating to pool selling and bookmaking). 2 Section 5902(b) (relating to prostitution and related 3 offenses). 4 Section 6111(g)(2) and (4) (relating to sale or 5 transfer of firearms). 6 * * * 7 (c) Exceptions.--If the period prescribed in subsection (a), 8 (b) or (b.1) has expired, a prosecution may nevertheless be 9 commenced for: 10 * * * 11 (4) An offense in violation of 18 Pa.C.S. § 6111(c) or 12 (g) (relating to sale or transfer of firearms), within one 13 year of its discovery by State or local law enforcement, but 14 in no case shall this paragraph extend the period of 15 limitation otherwise applicable by more than eight years. 16 * * * 17 SECTION 9.1. TITLE 42 IS AMENDED BY ADDING A SECTION TO <-- 18 READ: 19 § 9719.1. SENTENCES FOR OFFENSES COMMITTED AGAINST LAW 20 ENFORCEMENT OFFICER. 21 (A) MANDATORY SENTENCE.--A PERSON CONVICTED OF THE FOLLOWING 22 OFFENSE SHALL BE SENTENCED TO A MANDATORY TERM OF IMPRISONMENT 23 AS FOLLOWS: 24 18 PA.C.S. § 2702.1(A) (RELATING TO ASSAULT OF LAW 25 ENFORCEMENT OFFICER) - NOT LESS THAN 20 YEARS. 26 (B) AUTHORITY OF COURT IN SENTENCING.--THERE SHALL BE NO 27 AUTHORITY IN ANY COURT TO IMPOSE ON AN OFFENDER TO WHICH THIS 28 SECTION IS APPLICABLE ANY LESSER SENTENCE THAN PROVIDED FOR IN 29 SUBSECTION (A) OR TO PLACE SUCH OFFENDER ON PROBATION OR TO 30 SUSPEND SENTENCE. NOTHING IN THIS SECTION SHALL PREVENT THE 20070H1845B4528 - 33 -
1 SENTENCING COURT FROM IMPOSING A SENTENCE GREATER THAN THAT 2 PROVIDED IN THIS SECTION. SENTENCING GUIDELINES PROMULGATED BY 3 THE PENNSYLVANIA COMMISSION ON SENTENCING SHALL NOT SUPERSEDE 4 THE MANDATORY SENTENCES PROVIDED IN THIS SECTION. 5 (C) APPEAL BY COMMONWEALTH.--IF A SENTENCING COURT REFUSES 6 TO APPLY THIS SECTION WHERE APPLICABLE, THE COMMONWEALTH SHALL 7 HAVE THE RIGHT TO APPELLATE REVIEW OF THE ACTION OF THE 8 SENTENCING COURT. THE APPELLATE COURT SHALL VACATE THE SENTENCE 9 AND REMAND THE CASE TO THE SENTENCING COURT FOR IMPOSITION OF A 10 SENTENCE IN ACCORDANCE WITH THIS SECTION IF IT FINDS THAT THE 11 SENTENCE WAS IMPOSED IN VIOLATION OF THIS SECTION. 12 (D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING 13 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 14 SUBSECTION: 15 "LAW ENFORCEMENT OFFICER." THE TERM SHALL HAVE THE SAME 16 MEANING AS THE TERM "PEACE OFFICER" IS GIVEN UNDER 18 PA.C.S. § 17 501 (RELATING TO DEFINITIONS). 18 Section 9 10. The provisions of 17 Pa. Code § 11.215 <-- 19 (relating to weapons and hunting) are abrogated to the extent 20 they apply to any person identified under 18 Pa.C.S. § 21 6109(m.2). 22 Section 10 11. This act shall take effect in 60 days. AS <-- 23 FOLLOWS: 24 (1) THE AMENDMENT OF 18 PA.C.S. §§ 6111.1(E) AND 9152(D) 25 AND (E) SHALL TAKE EFFECT IMMEDIATELY. 26 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY. 27 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60 28 DAYS. F8L18SFL/20070H1845B4528 - 34 -