THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KRIEGER, TURZAI, AUMENT, BARRAR, BENNINGHOFF, BLOOM, BOYD, BROOKS, CALTAGIRONE, CAUSER, CHRISTIANA, CLYMER, D. COSTA, COX, CREIGHTON, CUTLER, DAY, DENLINGER, ELLIS, EVANKOVICH, EVERETT, FARRY, FLECK, GABLER, GEIST, GEORGE, GIBBONS, GILLEN, GINGRICH, GODSHALL, GOODMAN, GRELL, GROVE, HAHN, HALUSKA, HARHART, HARRIS, HENNESSEY, HESS, HICKERNELL, HORNAMAN, HUTCHINSON, KAUFFMAN, F. KELLER, M. K. KELLER, KORTZ, KULA, LAWRENCE, LONGIETTI, MAJOR, MALONEY, MARSHALL, MASSER, METCALFE, METZGAR, MILLARD, MILLER, MOUL, MULLERY, MUSTIO, OBERLANDER, PEIFER, PERRY, PETRARCA, PICKETT, PYLE, QUIGLEY, RAPP, READSHAW, REED, REESE, ROAE, ROCK, SACCONE, SAYLOR, SCHRODER, SONNEY, STABACK, STERN, STEVENSON, SWANGER, TALLMAN, TAYLOR, VULAKOVICH, WHITE, MAHER, BAKER, NEUMAN, BEAR, TOBASH, HARHAI, EMRICK, HEFFLEY, REICHLEY AND KNOWLES, JUNE 15, 2011

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 15, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in firearms and other dangerous

articles, further providing for firearms not to be carried

without a license.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6106(b) of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 6106.  Firearms not to be carried without a license.

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(b)  Exceptions.--The provisions of subsection (a) shall not

apply to:

(1)  Constables, sheriffs, prison or jail wardens, or

their deputies, policemen of this Commonwealth or its

political subdivisions, or other law-enforcement officers.

(2)  Members of the army, navy, marine corps, air force

or coast guard of the United States or of the National Guard

or organized reserves when on duty.

(3)  The regularly enrolled members of any organization

duly organized to purchase or receive such firearms from the

United States or from this Commonwealth.

[(4)  Any persons engaged in target shooting with a

firearm, if such persons are at or are going to or from their

places of assembly or target practice and if, while going to

or from their places of assembly or target practice, the

firearm is not loaded.]

(5)  Officers or employees of the United States duly

authorized to carry a concealed firearm.

(6)  Agents, messengers and other employees of common

carriers, banks, or business firms, whose duties require them

to protect moneys, valuables and other property in the

discharge of such duties.

(7)  Any person engaged in the business of manufacturing,

repairing, or dealing in firearms, or the agent or

representative of any such person, having in his possession,

using or carrying a firearm in the usual or ordinary course

of such business.

(8)  Any person while [carrying a firearm] transporting a

firearm as provided under 23 Pa.C.S. Ch. 61 (relating to

protection from abuse) which is not loaded and is in a secure

wrapper. [from the place of purchase to his home or place of

business, or to a place of repair, sale or appraisal or back

to his home or place of business, or in moving from one place

of abode or business to another or from his home to a

vacation or recreational home or dwelling or back, or to

recover stolen property under section 6111.1(b)(4) (relating

to Pennsylvania State Police), or to a place of instruction

intended to teach the safe handling, use or maintenance of

firearms or back or to a location to which the person has

been directed to relinquish firearms under 23 Pa.C.S. § 6108 

(relating to relief) or back upon return of the relinquished

firearm or to a licensed dealer's place of business for

relinquishment pursuant to 23 Pa.C.S. § 6108.2 (relating to

relinquishment for consignment sale, lawful transfer or

safekeeping) or back upon return of the relinquished firearm

or to a location for safekeeping pursuant to 23 Pa.C.S. §

6108.3 (relating to relinquishment to third party for

safekeeping) or back upon return of the relinquished

firearm.]

(9)  Persons licensed to hunt, take furbearers or fish in

this Commonwealth, if such persons are actually hunting,

taking furbearers or fishing as permitted by such license, or

are going to the places where they desire to hunt, take

furbearers or fish or returning from such places.

(10)  Persons training dogs, if such persons are actually

training dogs during the regular training season.

(11)  Any person while carrying a firearm in any vehicle,

which person possesses a valid and lawfully issued license

for that firearm which has been issued under the laws of the

United States or any other state.

(12)  A person who has a lawfully issued license to carry

a firearm pursuant to section 6109 (relating to licenses) and

that said license expired within six months prior to the date

of arrest and that the individual is otherwise eligible for

renewal of the license.

(13)  Any person who is otherwise eligible to possess a

firearm under this chapter and who is operating a motor

vehicle which is registered in the person's name or the name

of a spouse or parent and which contains a firearm for which

a valid license has been issued pursuant to section 6109 to

the spouse or parent owning the firearm.

[(14)  A person lawfully engaged in the interstate

transportation of a firearm as defined under 18 U.S.C. §

921(a)(3) (relating to definitions) in compliance with 18

U.S.C. § 926A (relating to interstate transportation of

firearms).]

(15)  Any person who possesses a valid and lawfully

issued license or permit to carry a firearm which has been

issued under the laws of another state, regardless of whether

a reciprocity agreement exists between the Commonwealth and

the other state under section 6109(k), provided[:

(i)  The] the other state provides a reciprocal

privilege for individuals licensed to carry firearms

under section 6109.

[(ii)  The Attorney General has determined that the

firearm laws of the state are similar to the firearm laws

of this Commonwealth.]

(16)  Any person holding a license in accordance with

section 6109(f)(3).

(17)  Any person who is not otherwise prohibited from

possessing, using, controlling, selling, transferring or

manufacturing a firearm shall be entitled to transport a

firearm if all of the following apply:

(i)  During the transportation, the firearm is not

loaded.

(ii)  The firearm is not being transported for

purposes prohibited under the laws of this Commonwealth.

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