THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BRIGGS, BRENNAN, FRANKEL, JOSEPHS, M. O'BRIEN, SANTARSIERO, SWANGER AND YOUNGBLOOD, MAY 3, 2011

REFERRED TO COMMITTEE ON JUDICIARY, MAY 3, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, providing for the offense of access to

firearms by minors; and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 6302.1.  Access to firearms by minors.

(a)  Storage requirements.--

(1)  A person who stores or leaves a firearm on premises

under his control and who knows or reasonably should know

that a minor is likely to gain access to the firearm without

the lawful permission of the minor's parent or the person

having charge of the minor shall keep the firearm in a

securely locked box or container or in a location which a

reasonable person would believe to be secure.

(2)  This subsection does not apply if the minor obtains

a firearm as a result of an unlawful entry by any person.

(b)  Grading.--

(1)  A violation of subsection (a) that results in a

minor in possession of the firearm constitutes a:

(i)  Summary offense with no term of imprisonment

when the offense is a first offense.

(ii)  Misdemeanor of the third degree when the

offense is a second or subsequent offense.

(2)  A violation of subsection (a) that results in the

firearm being used in the commission of a crime or used in

any event that results in death or grievous injury

constitutes a felony of the third degree.

(c)  Defense.--It shall be a defense to a prosecution under

this section if any of the following apply:

(1)  The firearm is stored or left in a securely locked

box or container or in a location which a person would

reasonably believe to be secure.

(2)  The minor obtains the firearm as a result of an

unlawful entry by any person.

(3)  The minor's possession of a firearm is incidental to

the performance of official duties of the United States Armed

Forces, the Pennsylvania National Guard or the personnel of

any Federal, State or local law enforcement agency.

(4)  The minor's possession of a firearm is under adult

supervision while engaged in hunting, sporting or other

lawful purposes.

(5)  The firearm is carried on the body of the owner or

is within such close proximity to the body that the owner can

retrieve and use as easily and quickly as if the owner

carried it on his body.

(d)  Notice by retailer.--

(1)  Any person who offers for sale at retail any firearm

shall post in a conspicuous place the following notice:

It is unlawful to store or leave a firearm in any place

within the reach or easy access of a minor. Should a

minor be found in possession of a firearm, the owner may

be charged with a summary offense when the offense is a

first offense and a misdemeanor of the third degree when

the offense is a second or subsequent offense. Should the

firearm be used in the commission of a crime or used in

any event that results in death or grievous injury, the

owner may be charged with a felony of the third degree.

(2)  A violation of this subsection constitutes a

misdemeanor of the third degree.

(e)  Fingerprinting.--Prior to the commencement of trial or

entry of a plea of a defendant of the summary offense, the

issuing authority shall order the defendant to submit within

five days of such order to fingerprinting by the municipal

police of the jurisdiction in which the offense allegedly was

committed or the Pennsylvania State Police. Fingerprints shall

be forwarded immediately to the Pennsylvania State Police for

determination as to whether or not the defendant previously has

been convicted of a violation of subsection (a). The results of

the determination shall be transmitted to the police department

obtaining the fingerprints if the department is the prosecutor

or to the issuing authority if the prosecutor is other than a

police officer. The issuing authority shall not proceed with the

trial or plea in summary until the issuing authority is in

receipt of the determination made by the Pennsylvania State

Police. The magisterial district judge shall use the information

obtained solely for the purpose of grading the offense under

subsection (b).

Section 2.  This act shall take effect in 60 days.