PRINTER'S NO. 3042
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2112
Session of
2018
INTRODUCED BY BOYLE, SIMS, BULLOCK, DEAN, V. BROWN, KINSEY,
COMITTA, DRISCOLL, O'BRIEN, FRANKEL, KIRKLAND, WARREN, HILL-
EVANS, DONATUCCI, SCHWEYER, McCARTER AND DALEY,
FEBRUARY 26, 2018
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 26, 2018
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, providing for large capacity ammunition magazine
permit and for large capacity ammunition magazines
prohibition; authorizing the Attorney General to issue
permits; 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 sections to read:
§ 6121.1. Large capacity ammunition magazine permit.
Upon showing good cause , the Attorney General may issue a
permit for the sale, offering or exposing for sale, use,
purchase, possession or control of a large capacity ammunition
magazine to a person seeking to qualify for an exception to the
prohibition under section 6121.2 (related to large capacity
ammunition magazines prohibition).
§ 6121.2. Large capacity ammunition magazines prohibition.
(a) Offense defined.--Except as set forth in subsection (b),
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a person commits an offense if the person does the following:
(1) sells, offers or exposes for sale a large capacity
ammunition magazine; or
(2) uses, purchases, possesses or otherwise controls a
large capacity ammunition magazine.
(b) Exceptions.--Subsection (a) does not apply to the
following:
(1) The use, possession and control of a large capacity
ammunition magazine by a person who legally possessed the
large capacity ammunition magazine prior to the effective
date of this section.
(2) The sale, offering or exposing for sale, use,
purchase, possession and control of a large capacity
ammunition magazine by a person who is a government officer,
agent or employee, or a member of the armed forces of the
United States or the National Guard or a peace officer, to
the extent that the person is authorized by the government to
sell, offer or expose for sale, use, purchase, possess or
control a large capacity ammunition magazine and, consistent
with the authorization, does so while acting within the scope
of the person's duties.
(3) The purchase, possession and control of a large
capacity ammunition magazine by a Federal, State or local
historical society, museum or institutional collection that
is open to the public, provided that the large capacity
ammunition magazine is properly housed, secured from
unauthorized handling and unloaded.
(4) The possession and control of a large capacity
ammunition magazine by a person who finds a large capacity
ammunition magazine, if the person is not prohibited from
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possessing firearms or ammunition under Federal or State law,
and the person possesses or controls the large capacity
magazine no longer than is necessary to deliver or transport
the same to a law enforcement agency for the agency's
disposition according to law.
(5) The sale, offering or exposing for sale, use,
purchase, possession and control of a large capacity
ammunition magazine by a person who:
(i) is authorized under the laws of the United
States and this Commonwealth to sell firearms; and
(ii) possesses a valid permit issued under section
6121.1 (relating to large capacity ammunition magazine
permit) authorizing the person to use, purchase, possess
and control a large capacity ammunition magazine for the
use and benefit of the person's business and to sell,
offer or expose for sale a large capacity ammunition
magazine to a person permitted to sell, offer or expose
for sale, use, purchase, possess or control a large
capacity ammunition magazine.
(6) The sale, offering or exposing for sale, use,
purchase, possession and control of a large capacity
ammunition magazine by a person who:
(i) is authorized under the laws of the United
States and this Commonwealth to manufacture a large
capacity ammunition magazine; and
(ii) possesses a valid permit issued under section
6121.1 authorizing the person to sell, offer or expose
for sale, use, purchase, possess and control a large
capacity ammunition magazine for the use and benefit of
the person's business.
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(7) The use, purchase, possession and control of a large
capacity ammunition magazine by an armored vehicle business
that possesses a valid permit issued under section 6121.1
authorizing the business to use, purchase, possess and
control a large capacity ammunition magazine for purposes
pertaining to the armored vehicle business if the activity
authorized under the permit is conducted by either:
(i) a person who operates an armored vehicle
business under the laws of this Commonwealth; or
(ii) an authorized employee of the person under
subparagraph (i), while in the course and scope of
employment, for purposes pertaining to the armored
vehicle business.
(8) The use, purchase, possession and control of a large
capacity ammunition magazine by a private forensic laboratory
and an authorized employee of the laboratory, while in the
course and scope of employment, for purposes pertaining to
the forensic activities of the laboratory, provided that the
private forensic laboratory possesses a valid permit issued
under section 6121.1 authorizing the laboratory to use,
purchase, possess and control a large capacity ammunition
magazine for purposes pertaining to the forensic activities
of the laboratory.
(9) The use, possession and control of a large capacity
ammunition magazine by a gunsmith who possesses a valid
permit issued under section 6121.1 authorizing the gunsmith
to use, possess and control a large capacity ammunition
magazine for the purposes of maintenance, repair or
modification of the large capacity ammunition magazine.
(10) Any of the following:
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(i) The use, purchase, possession and control of a
large capacity ammunition magazine by a motion picture or
television production company as a prop in a motion
picture or television production, provided that the
motion picture or television production company possesses
a valid permit issued under section 6121.1 authorizing
the production company to use, purchase, possess or
control a large capacity ammunition magazine as a prop.
(ii) The use, possession and control of the large
capacity ammunition magazine as a prop by an employee of
the motion picture or television production while in the
course and scope of employee's employment.
(11) The purchase, possession and control of a large
capacity ammunition magazine by a for-profit or not-for-
profit shooting range that possesses a valid permit issued
under section 6121.1 authorizing the shooting range to
purchase, possess and control a large capacity ammunition
magazine in order to make the magazine available to a patron
or member of the shooting range who has written authorization
from the shooting range to use, possess and control the
magazine while at the shooting range, provided that, when not
in use, the large capacity ammunition magazine is properly
housed, secured from unauthorized handling and unloaded.
(12) The use, possession and control of a large capacity
ammunition magazine by a patron or member of a shooting range
that satisfied the grounds for exception under paragraph (11)
who is authorized in writing by the shooting range to use,
possess and control the range's large capacity ammunition
magazine while at the shooting range.
(c) Penalty.--
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(1) An offense under subsection (a)(1) is a misdemeanor
of the second degree.
(2) An offense under subsection(a)(2) shall be graded as
follows:
(i) A first offense is a misdemeanor punishable by
up to six months imprisonment and a fine of $300.
(ii) A second or subsequent offense under this
section is a misdemeanor of the second degree.
(d) Definition.--As used in this section, the term "large
capacity ammunition magazine" means a box, drum, tube, feed
strip, container or other device that is capable of accepting or
may be readily restored or converted to accept more than 15
rounds of ammunition or five shotgun shells to be fed
continuously and directly from the device into a firearm. The
term does not include a device that:
(1) has been permanently altered so that it may not
accommodate more than 15 rounds of ammunition or more than
five shotgun shells; or
(2) a tubular magazine device that is contained or used
in a lever-action firearm or single-action only firearm.
Section 2. This act shall take effect in 60 days.
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