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                                                      PRINTER'S NO. 4409

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2785 Session of 2008


        INTRODUCED BY S. H. SMITH, FAIRCHILD, MARSHALL, REED, TRUE,
           NAILOR, SIPTROTH, PHILLIPS, J. WHITE, BRENNAN, HUTCHINSON,
           R. STEVENSON, CUTLER, STERN, DENLINGER, GINGRICH, BROOKS,
           BOYD, DeWEESE, HESS, SWANGER, HALUSKA, MILLARD, KAUFFMAN,
           GOODMAN, ROCK, SURRA, FLECK, READSHAW, SAYLOR, PAYNE,
           LONGIETTI, BAKER, PICKETT, M. KELLER, RAPP, ARGALL, CAUSER,
           SOLOBAY, HERSHEY, KORTZ, SONNEY, KOTIK, PYLE, R. MILLER AND
           KENNEY, SEPTEMBER 23, 2008

        REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 23, 2008

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, in firearms and other dangerous
     3     articles, further providing for firearms not to be carried
     4     without a license.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 6106(b)(8) and (e) of Title 18 of the
     8  Pennsylvania Consolidated Statutes are amended to read:
     9  § 6106.  Firearms not to be carried without a license.
    10     * * *
    11     (b)  Exceptions.--The provisions of subsection (a) shall not
    12  apply to:
    13         * * *
    14         (8)  Any person while carrying a firearm which is not
    15     loaded and is in a secure wrapper from the place of purchase
    16     to his [home] place of abode or place of business, or to a

     1     place of repair, sale or appraisal or back to his [home]
     2     place of abode or place of business, or in moving from one
     3     place of abode or business to another [or from his home to a
     4     vacation or recreational home or dwelling] or back, or to
     5     recover stolen property under section 6111.1(b)(4) (relating
     6     to Pennsylvania State Police), or to a place of instruction
     7     intended to teach the safe handling, use or maintenance of
     8     firearms or back or to a location to which the person has
     9     been directed to relinquish firearms under 23 Pa.C.S. § 6108
    10     (relating to relief) or back upon return of the relinquished
    11     firearm or to a licensed dealer's place of business for
    12     relinquishment pursuant to 23 Pa.C.S. § 6108.2 (relating to
    13     relinquishment for consignment sale, lawful transfer or
    14     safekeeping) or back upon return of the relinquished firearm
    15     or to a location for safekeeping pursuant to 23 Pa.C.S. §
    16     6108.3 (relating to relinquishment to third party for
    17     safekeeping) or back upon return of the relinquished firearm.
    18         * * *
    19     (e)  Definitions.--
    20         (1)  For purposes of subsection (b)(3), (4), (5), (7) and
    21     (8), the term "firearm" shall include any weapon which is
    22     designed to or may readily be converted to expel any
    23     projectile by the action of an explosive or the frame or
    24     receiver of the weapon.
    25         (2)  As used in this section, the phrase "place of
    26     instruction" shall include any hunting club, rifle club,
    27     rifle range, pistol range, shooting range, the premises of a
    28     licensed firearms dealer or a lawful gun show or meet.
    29         (3)  As used in this section, the phrase "place of abode"
    30     shall include any:
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     1             (i)  dwelling of a person; and
     2             (ii)  real property on which the dwelling of a person
     3         is located if the real property is owned by the person or
     4         a parent, spouse, child, brother or sister of the person.
     5         (4)  As used in this section, the term "dwelling" shall
     6     include any dwelling as defined in section 501 (relating to
     7     definitions).
     8     Section 2.  This act shall take effect in 60 days.















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