THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WATERS, V. BROWN, BISHOP, THOMAS AND JAMES, OCTOBER 17, 2012

REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 17, 2012  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for licenses.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6109(e) of Title 18 of the Pennsylvania

Consolidated Statutes is amended and the section is amended by

adding a subsection to read:

§ 6109.  Licenses.

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(e)  Issuance of license.--

(1)  A license to carry a firearm shall be for the

purpose of carrying a firearm concealed on or about one's

person or in a vehicle and shall be issued if, after an

investigation not to exceed 45 days, it appears that the

applicant is an individual concerning whom no good cause

exists to deny the license, and the applicant has obtained

firearm liability insurance as provided under subsection

(e.1). A license shall not be issued to any of the following:

(i)  An individual whose character and reputation is

such that the individual would be likely to act in a

manner dangerous to public safety.

(ii)  An individual who has been convicted of an

offense under the act of April 14, 1972 (P.L.233, No.64),

known as The Controlled Substance, Drug, Device and

Cosmetic Act.

(iii)  An individual convicted of a crime enumerated

in section 6105.

(iv)  An individual who, within the past ten years,

has been adjudicated delinquent for a crime enumerated in

section 6105 or for an offense under The Controlled

Substance, Drug, Device and Cosmetic Act.

(v)  An individual who is not of sound mind or who

has ever been committed to a mental institution.

(vi)  An individual who is addicted to or is an

unlawful user of marijuana or a stimulant, depressant or

narcotic drug.

(vii)  An individual who is a habitual drunkard.

(viii)  An individual who is charged with or has been

convicted of a crime punishable by imprisonment for a

term exceeding one year except as provided for in section

6123 (relating to waiver of disability or pardons).

(ix)  A resident of another state who does not

possess a current license or permit or similar document

to carry a firearm issued by that state if a license is

provided for by the laws of that state, as published

annually in the Federal Register by the Bureau of

Alcohol, Tobacco and Firearms of the Department of the

Treasury under 18 U.S.C. § 921(a)(19) (relating to

definitions).

(x)  An alien who is illegally in the United States.

(xi)  An individual who has been discharged from the

armed forces of the United States under dishonorable

conditions.

(xii)  An individual who is a fugitive from justice.

This subparagraph does not apply to an individual whose

fugitive status is based upon nonmoving or moving summary

offense under Title 75 (relating to vehicles).

(xiii)  An individual who is otherwise prohibited

from possessing, using, manufacturing, controlling,

purchasing, selling or transferring a firearm as provided

by section 6105.

(xiv)  An individual who is prohibited from

possessing or acquiring a firearm under the statutes of

the United States.

(xv)  An individual who has failed to obtain firearm

liability insurance as provided under subsection (e.1).

(3)  The license to carry a firearm shall be designed to

be uniform throughout this Commonwealth and shall be in a

form prescribed by the Pennsylvania State Police. The license

shall bear the following:

(i)  The name, address, date of birth, race, sex,

citizenship, height, weight, color of hair, color of eyes

and signature of the licensee.

(ii)  The signature of the sheriff issuing the

license.

(iii)  A license number of which the first two

numbers shall be a county location code followed by

numbers issued in numerical sequence.

(iv)  The point-of-contact telephone number

designated by the Pennsylvania State Police under

subsection (l).

(v)  The reason for issuance.

(vi)  The period of validation.

(4)  The sheriff shall require a photograph of the

licensee on the license. The photograph shall be in a form

compatible with the Commonwealth Photo Imaging Network.

(5)  The original license shall be issued to the

applicant. The first copy of the license shall be forwarded

to the Pennsylvania State Police within seven days of the

date of issue. The second copy shall be retained by the

issuing authority for a period of seven years. Except

pursuant to court order, both copies and the application

shall, at the end of the seven-year period, be destroyed

unless the license has been renewed within the seven-year

period.

(e.1)  Liability insurance.--

(1)  No individual shall be issued a license under

subsection (e) without providing the licensing authority with

a certificate of liability insurance verifying that the

applicant has a valid insurance policy insuring against harm

or damage that may arise out of the use of a firearm covered

by the license.

(2)  The insurance policy shall meet all of the

following:

(i)  Be in an amount of at least $1,000,000.

(ii)  Satisfy any judgment for personal injuries or

property damages arising out of negligent or willful acts

involving the use of an insured firearm.

(iii)  May not cover any unlawful acts.

(3)  An insurer who has issued a contract of firearm

liability insurance, or any approved self-insurance entity,

shall do all the following:

(i)  Notify the licensing authority of the county in

which the insured resides if the firearm liability

insurance has been canceled or terminated. An insurer

shall provide a copy of the notice of cancellation or a

copy of the insurer's filing procedures with proof that

the notice was written in the normal course of business

and placed in the normal course of mailing.

(ii)  Provide insurance identification certificates

to the insured which shall be valid only for the period

for which coverage has been paid by the insured.

Insurance identification certificates must disclose the

period for which coverage has been paid by the insured.

If the insured has financed premiums through a premium

finance company or is on an insurer-sponsored or agency-

sponsored payment plan, insurance identification

certificates may be issued for periods of six months

notwithstanding that the payment by the insured may be

for a period of less than six months.

(4)  A licensing authority shall not be required to

produce proof that notice of termination, lapse or

cancellation was provided to the insured in order to revoke

the license to carry a firearm. A licensing authority shall

immediately revoke a licensee's license if the licensing

authority receives notice that a licensee's firearm liability

insurance has been canceled or terminated.

(5)  The insurer's insurance identification certificate

shall be carried simultaneously with the insured firearm and

shall be exhibited to any law enforcement officer upon demand

for inspection. Failure to produce the insurance

identification certification shall result in the following:

(i)  The law enforcement officer shall confiscate the

firearm.

(ii)  The owner of the confiscated firearm shall be

provided with a signed and dated written receipt by the

law enforcement officer. This receipt shall include a

detailed identifying description indicating the serial

number and condition of the firearm.

(iii)  If, within ten days, the law enforcement

officer does not receive proof from the owner of the

confiscated firearm that the owner has a valid firearm

liability insurance policy, the law enforcement officer

shall notify the licensing authority of the county in

which the individual resides that proof of insurance was

not provided and the firearm was confiscated. Upon

receipt of the notification, the licensing authority

shall immediately revoke the licensee's license to carry

a firearm and immediately notify the law enforcement

officer of the revocation.

(iv)  A confiscated firearm shall be released to an

owner as follows:

(A)  after confirmation has been received that

the owner's license to carry has been revoked and the

law enforcement officer has notified the owner that

the license has been revoked and that the owner may

no longer carry the firearm in public; or

(B)  the law enforcement officer has received

proof from the owner of the confiscated firearm that

the owner has a valid firearm liability insurance

policy.

(6)  If a licensing authority revokes a licensee's

license to carry a firearm, the licensing authority may not

reissue the license to carry until the person furnishes proof

of insurance. The licensing authority shall charge a fee of

$50 to reissue a license to carry following a revocation.

(7)  An individual who is in this Commonwealth with a

concealed firearm and possesses a valid and lawfully issued

license or permit to carry that firearm which has been issued

under the laws of another state as provided under section

6106(b)(15) (relating to firearms not to be carried without a

license) shall be required to obtain firearm liability

insurance as provided in this section within 30 days of

arriving in this Commonwealth.

(8)  An individual who fails to maintain liability

insurance as provided under this subsection shall be subject

to the following:

(i)  For a first offense, the individual shall be

subject to a fine of at least $1,000.

(ii)  For a second offense, the individual shall be

subject to a fine of at least $5,000.

(iii)  For a third offense, the individual commits a

a misdemeanor of the third degree and shall be subject to

a fine of at least $10,000.

(iv)  For a fourth and subsequent offense, the

individual commits a misdemeanor of the second degree and

shall be subject to a fine of at least $15,000.

* * *

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