Regular Session 2021-2022 Senate Bill 1300 P.N. 1820

PRINTER'S NO. 1820

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1300

Session of

2022

INTRODUCED BY SANTARSIERO, SAVAL, FONTANA, KEARNEY, COMITTA,

HUGHES, KANE, CAPPELLETTI, HAYWOOD, COLLETT, TARTAGLIONE,

MUTH, SCHWANK, STREET, A. WILLIAMS, COSTA AND DILLON,

JUNE 24, 2022

REFERRED TO JUDICIARY, JUNE 24, 2022

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in firearms and other dangerous

articles, providing for assault weapons and large capacity

magazines; and establishing the Firearms and Ammunition

Buyback Program and the Pennsylvania State Police Buyback

Fund.

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:

§ 6105.3. Assault weapons and large capacity magazines.

(a) General rule.--Except as otherwise provided in

subsection (j), no person shall possess, manufacture, import,

sell or transfer an assault weapon or large capacity magazine.

(b) Certificate of possession.--

(1) An owner of an assault weapon shall obtain a

certificate of possession under this section or immediately

surrender the assault weapon in accordance with paragraph

(5).

(2) Upon application by an individual 21 years of age or

older within 180 days of the effective date of this section,

a certificate of possession may be issued by the Pennsylvania

State Police to the owner of an assault weapon for possession

and use in accordance with this section.

(3) An individual issued a certificate of possession

under this section may possess, use, manufacture or otherwise

control an assault weapon as follows:

(i) At the domicile or business of the individual

owning the assault weapon.

(ii) At the domicile of another property owner with

the permission of that property owner.

(iii) At a bona fide target or shooting range

operated by a business or club to which the individual is

a customer, member or guest of a customer or member.

(iv) At a firearms exhibition, display or

educational project if the assault weapon is not loaded.

(v) In a motor vehicle if the individual is at or

traveling to or from a place listed in subparagraph (i),

(ii), (iii) or (iv) and if, while traveling to or from

the place, the assault weapon is not loaded and is kept

in a secure case or a compartment of the vehicle that is

not accessible to the occupants of the vehicle.

(4) A certificate of possession issued under this

section shall be valid throughout this Commonwealth and shall

be in a form prescribed by the Pennsylvania State Police. The

certificate shall include all of the following:

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

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

and signature of the certificate holder.

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(ii) A number, of which the first two numbers shall

be a county location code, corresponding to the

certificate holder's residence, followed by numbers

issued in numerical sequence.

(iii) A photograph of the certificate holder in a

form compatible with the Commonwealth Photo Imaging

Network.

(iv) The expiration date of the certificate of

possession.

(v) Any other information required by the

Pennsylvania State Police.

(5) An owner of an assault weapon who fails to apply for

a certificate of possession in accordance with paragraph (2)

or who was denied a certificate of possession under this

section shall, within five days, surrender the assault weapon

to a law enforcement agency. Failure of an individual to

submit an application for a certificate of possession under

paragraph (2) shall not constitute a defense in a prosecution

for a violation of this section. An individual who submitted

an application for a certificate of possession in accordance

with paragraph (2) and who has not been issued a certificate

of possession under this section may continue to possess an

assault weapon pending final approval or denial of the

application by the Pennsylvania State Police.

(1) The Pennsylvania State Police shall develop and

provide a form within 60 days of the effective date of this

section that details the following information for each

assault weapon for which a certificate of possession is

requested and may be issued:

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(i) The information listed in subsection (b)(4)(i)

and the telephone number and thumbprint of the applicant.

(ii) A description of the assault weapon, including

the manufacturer's name, model number and serial number.

(iii) Identification marks or unique characteristics

of the assault weapon.

(iv) Proof of lawful purchase or ownership if

available.

(2) Upon receipt of the form, the Pennsylvania State

Police shall do all of the following:

(i) Conduct a criminal background, juvenile

delinquency and mental health records background check

following the procedures set forth in section 6111

(relating to sale or transfer of firearms) to determine

whether the person is eligible to possess an assault

weapon under this section.

(ii) Investigate whether the applicant's character

and reputation are such that the applicant is not likely

to act in a manner dangerous to public safety.

(iii) Issue the certificate of possession within 60

days of application if the applicant was otherwise

eligible to possess an assault weapon before the

effective date of this section.

(iv) Collect the fee under subsection (g).

(d) Term of certificate of possession.--

(1) A certificate of possession issued under this

section shall be valid throughout this Commonwealth for a

period of five years unless extended under paragraph (3) or

sooner revoked.

(2) At least 60 days prior to the expiration of a

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certificate of possession, the Pennsylvania State Police

shall send to the certificate holder an application for

renewal of the certificate of possession. Failure to receive

a renewal application shall not relieve a certificate holder

from the responsibility to renew a certificate of possession.

(3) A certificate of possession may be renewed for an

additional period of five years if not sooner revoked.

(4) Notwithstanding paragraph (1) or any other provision

of law to the contrary, a certificate of possession that is

held by a member of the United States Armed Forces or the

Pennsylvania National Guard on Federal active duty and

deployed outside this Commonwealth that is scheduled to

expire during the period of deployment shall be extended

until 90 days after the end of the deployment.

(5) Possession of a certificate of possession, together

with a copy of the person's military orders showing the dates

of deployment, including the date that the deployment ends,

shall constitute, during the extension period specified in

paragraph (4), a defense to any charge filed under this

section.

(e) Duty to secure.--

(1) Except as provided under paragraph (2), an

individual issued a certificate of possession under this

section shall secure the assault weapon:

(i) with a device that, if installed on the assault

weapon and secured by means of a key or a mechanical,

electronic or electromechanical combination lock,

prevents the assault weapon from being discharged without

first deactivating or removing the device;

(ii) with a locking mechanism incorporated into the

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design of the assault weapon that prevents discharge of

the assault weapon by an individual who does not have

access to the key or other device designed to unlock the

mechanism; or

(iii) in a locked box or container or a location

that a reasonable individual would believe to be secure.

(2) Paragraph (1) shall not apply if an individual

carries an assault weapon:

(i) on the individual's body; or

(ii) within close enough proximity to the

individual's body to allow the individual to retrieve and

use the assault weapon as if the assault weapon was on

the individual's body.

(f) Transfers.--After the effective date of this section, an

individual who obtains ownership of an assault weapon by

bequest, interstate succession or by any other means shall,

within 90 days, do any of the following:

(1) Render the assault weapon permanently inoperable and

turn the assault weapon over to a law enforcement agency.

(2) Sell the weapon through the Firearms and Ammunition

Buyback Program or a municipal buyback program under section

6111.6 (relating to Firearms and Ammunition Buyback Program).

(g) Fee.--

(1) The fee for the issuance or renewal of a certificate

of possession is $15. The fee shall include the renewal

notice processing.

(2) No fee other than that provided by this subsection

may be assessed by the Pennsylvania State Police for the

performance of any background check made under this section.

(3) The fee is payable to the Pennsylvania State Police

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at the time the application for issuance or renewal is

submitted.

(4) Except for an administrative fee of $5, all other

fees shall be refunded if the application is denied but shall

not be refunded if a license is issued and subsequently

revoked.

(h) Revocation.--

(1) A certificate of possession may be revoked by the

Pennsylvania State Police or other law enforcement officer

for good cause, including information provided by other law

enforcement agencies.

(2) Notice of revocation shall be in writing and shall

state the specific reason for revocation. Notice shall be

sent by certified mail to the individual whose certificate is

revoked, and, at that time, notice shall also be provided to

the Pennsylvania State Police by electronic means, including

email or facsimile transmission, that the certificate is no

longer valid.

(3) An individual whose certificate of possession is

revoked shall surrender the certificate as well as any

assault weapons for which a certificate has been issued to

the Pennsylvania State Police within five days of receipt of

the notice.

(4) An individual whose certificate is revoked may

appeal to the court of common pleas for the judicial district

in which the individual resides.

(i) Duties of Pennsylvania State Police.--The Pennsylvania

State Police shall do all of the following:

(1) Develop procedures for the processing of

applications for and approval of certificates of possession.

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(2) Design the certificate of possession form.

(3) Conduct background checks on applicants for the

issuance of a certificate of possession.

(4) Maintain a registry of certificates of possession

issued. A registry maintained by the Pennsylvania State

Police under this section shall not be subject to the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know

Law.

(5) Notify certificate of possession holders of the

pending expiration of certificates of possession and issue

renewal forms.

(6) Initiate revocation of certificates of possession

and revoke certificates of possession for cause as provided

in this section.

(7) Collect fees as provided in subsection (g) to

administer this program and maintain the registry.

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

apply to:

(1) Any of the following in the performance of official

duties:

(i) Law enforcement officers.

(ii) State parole agents.

(iii) A county probation or parole officer who is

authorized to carry a weapon in connection with

performance of the duties of the officer's employment.

(iv) A chief administrator, deputy warden or

corrections officer of a State or county correctional

institution.

(v) Constables who have been certified by the

Pennsylvania Commission on Crime and Delinquency to carry

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firearms in connection with the performance of their

judicial duties.

(vi) Active members of the armed forces of the

United States or of the National Guard or organized

reserves.

(vii) Officers or employees of the United States

duly authorized to carry an assault weapon.

(2) An agent, messenger or other employee of a common

carrier, bank or business firm whose duties require the

protection of money, valuables and other property in the

discharge of the individual's duties.

(3) Any licensed person engaged in the business of

manufacturing, repairing or dealing in assault weapons, or

the agent or representative of the person, having an assault

weapon in the person's possession or using or carrying an

assault weapon in the usual and ordinary course of business.

(4) A person lawfully engaged in the interstate

transportation of an assault weapon in compliance with 18

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

firearms).

(5) A person who is the lawful owner of an assault

weapon on or before the effective date of this section and

who is issued a certificate of possession by the Pennsylvania

State Police under this section and regulations of the

Pennsylvania State Police.

(k) Penalties.--

(1) Except as provided in paragraph (2), (3) or (4), a

person who violates this section commits a misdemeanor of the

first degree.

(2) An individual who violates subsection (h)(3) commits

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a misdemeanor of the third degree.

(3) A second or subsequent offense under this section is

a felony of the third degree.

(4) A person who violates subsection (b)(5) commits:

(i) A summary offense with no term of imprisonment

if the offense is a first offense.

(ii) A misdemeanor of the third degree if the

offense is a second or subsequent offense.

(iii) A felony of the third degree if:

(A) another person takes possession of the

firearm; and

(B) the firearm is used in the commission of a

crime or used in an event that results in the injury

or death of another person.

(l) Defenses. -- It shall be a defense to a prosecution under

this section if any of the following apply:

(1) The firearm was secured in a manner described under

subsection (e).

(2) The firearm was obtained as a result of an unlawful

entry by another person.

(3) An injury resulted from a target or sport shooting

accident or hunting accident.

(4) Possession of the firearm is incidental to the

performance of the official duties of the United States Armed

Forces, the Pennsylvania National Guard or the personnel of a

Federal, State or local law enforcement agency.

(m) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Assault weapon." Includes all of the following:

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(1) A semiautomatic center fire rifle capable of

accepting detachable magazines and a pistol grip protruding

conspicuously below the weapon's action, a thumbhole stock or

folding or telescopic stock, a flash suppressor, grenade

launcher or flare launcher or a forward pistol grip.

(2) A semiautomatic center fire rifle with an overall

length of less than 30 inches.

(3) A semiautomatic center fire rifle with a fixed

magazine capable of holding more than 10 rounds of

ammunition.

(4) A semiautomatic pistol capable of accepting

detachable magazines and a threaded barrel, a second

handgrip, a capacity to accept a detachable magazine at some

location outside the pistol grip or a shroud attached to, or

partially or completely encircling, the barrel allowing the

bearer to fire the weapon without burning the bearer's hand,

except for a slide enclosing the barrel.

(5) A semiautomatic pistol with a fixed magazine having

the capacity to accept more than 10 rounds.

(6) A semiautomatic shotgun having a folding or

telescoping stock, a pistol grip protruding conspicuously

beneath the action of the weapon, a thumbhole stock or a

vertical handgrip.

(7) A semiautomatic shotgun with the ability to accept

detachable magazines.

(8) A shotgun with a revolving cylinder.

(9) A part or combination of parts designed or intended

to convert a firearm into an assault weapon or any

combination of parts from which an assault weapon may be

readily assembled if those parts are in the possession of or

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under the control of the same person.

(10) The following specified semiautomatic firearms or

copies or duplicates with the capability of such firearms

that were in production before the effective date of this

section : Algimec Agmi; Armalite AR-180; Australian Automatic

Arms SAP Pistol; Auto-Ordnance Thompson type; Avtomat

Kalashnikov AK-47 type; Barrett Light-Fifty model 82A1;

Beretta AR-70; Bushmaster Auto Rifle and Auto Pistol; Calico

models M-900, M-950 and 100-P; Chartered Industries of

Singapore SR-88; Colt AR-15 and Sporter; Daewoo K-1, K-2,

Max-1 and Max-2; Encom MK-IV, MP-9 and MP-45; Fabrique

Nationale FN/FAL, FN/LAR or FN/FNC; FAMAS MAS 223; Feather

AT-9 and Mini-AT; Federal XC-900 and XC-450; Franchi SPAS-12

and LAW-12; Galil AR and ARM; Goncz High-Tech Carbine and

High-Tech Long Pistol; Heckler & Koch HK-91, HK-93, HK-94 and

SP-89; Holmes MP-83; MAC-10, MAC-11 and MAC-11 Carbine type;

Intratec TEC-9 and Scorpion; Iver Johnson Enforcer model

3000; Ruger Mini-14/5F folding stock model only; Scarab

Skorpion; SIG 57 AMT and 500 series; Spectre Auto Carbine and

Auto Pistol; Springfield Armory BM59, SAR-48 and G-3;

Sterling MK-6 and MK-7; Steyr AUG; Street Sweeper and Striker

12 revolving cylinder shotguns; USAS-12; UZI Carbine, Mini-

Carbine and Pistol; Weaver Arms Nighthawk; and Wilkinson

"Linda" Pistol.

(11) The following specified semiautomatic centerfire

rifles or copies or duplicates with the capability of such

rifles that were in production before the effective date of

this section: AK-47; AK-74; AKM; AKS-74U; ARM; MAADI AK47;

MAK90; MISR; NHM90 and NHM91; Norinco 56, 56S, 84S and 86S;

Poly Technologies AKS and AK47; SA 85; SA 93; VEPR; WASR-10;

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WUM; Rock River Arms LAR-47; Vector Arms AK-47; AR-10; AR-

15; Bushmaster Carbon 15, Bushmaster XM15, Bushmaster ACR

Rifles and Bushmaster MOE Rifles; Colt Match Target Rifles;

Armalite M15; Olympic Arms AR-15, A1, CAR, PCR, K3B, K30R,

K16, K48, K8 and K9 Rifles; DPMS Tactical Rifles; Smith and

Wesson M&P15 Rifles; Rock River Arms LAR-15; Doublestar AR

Rifles; Barrett REC7; Beretta Storm; Calico Liberty 50, 50

Tactical, 100, 100 Tactical, I, I Tactical, II and II

Tactical Rifles; Hi-Point Carbine Rifles; HK-PSG-1; Kel-Tec

Sub-2000, SU Rifles and RFB; Remington Tactical Rifle Model

7615; SAR-8, SAR-4800 and SR9; SLG 95; SLR 95 or 96; TNW M230

and M2HB; Vector Arms UZI; Galil and Galil Sporter; Daewoo

AR 100 and AR 110C; Fabrique Nationale/FN 308 Match and L1A1

Sporter; HK USC; IZHMASH Saiga AK; SIG Sauer 551-A1, 556,

516, 716 and M400 Rifles; Valmet M62S, M71S and M78S;

Wilkinson Arms "Linda" Carbine; and Barrett M107A1.

(12) The following specified semiautomatic pistols or

copies or duplicates with the capability of such pistols that

were in production before the effective date of this section:

Centurion 39 AK; Draco AK-47; HCR AK-47; I.O. Inc. Hellpup

AK-47; Mini-Draco AK-47; Yugo Krebs Krink; American Spirit

AR-15; Bushmaster Carbon 15; Doublestar Corporation AR; DPMS

AR-15; Olympic Arms AR-15; Rock River Arms LAR 15; Calico

Liberty III and III Tactical Pistols; Masterpiece Arms MPA

Pistols and Velocity Arms VMA Pistols; Intratec TEC-DC9 and

AB-10; Colefire Magnum; German Sport 522 PK and Chiappa

Firearms Mfour-22; DSA SA58 PKP FAL; I.O. Inc. PPS-43C; Kel-

Tec PLR-16 Pistol; Sig Sauer P516 and P556 Pistols; and

Thompson TA5 Pistols.

(13) The following semiautomatic shotguns or copies or

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duplicates with the capability of such shotguns that were in

production before the effective date of this section: All

IZHMASH Saiga 12 Shotguns.

"Large capacity magazine." A detachable ammunition-feeding

device with the capacity to accept more than 10 rounds of

ammunition. The term does not include any of the following:

(1) a feeding device that has been permanently altered

so that it cannot accommodate more than 10 rounds;

(2) a .22 caliber tube ammunition-feeding device; or

(3) a tubular magazine that is contained in a lever-

action firearm.

§ 6111.6. Firearms and Ammunition Buyback Program.

(a) Establishment.--The Firearms and Ammunition Buyback

Program is established within the Pennsylvania State Police. The

Pennsylvania State Police shall promulgate rules and regulations

as necessary for the implementation of the buyback program,

including, but not limited to, the following:

(1) The manner in which a participating law enforcement

agency may apply for funds to support the buyback program and

how the funds will be allocated and distributed.

(2) Guidelines for the safe storage and disposal of

assault weapons, firearms, rifles, shotguns and ammunition

received as part of the buyback program in the possession of

a participating law enforcement agency, for the return of any

recovered stolen property to its rightful owner as

appropriate and for the retention of assault weapons,

firearms, rifles, shotguns and ammunition as evidence of a

potential crime.

(3) Guidelines for a participating law enforcement

agency to coordinate with community groups within its

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jurisdiction.

(4) Guidelines to allow individuals to return assault

weapons, firearms, rifles, shotguns and ammunition for

monetary rewards.

(b) Municipal buyback program.--A law enforcement agency may

develop and implement its own municipal gun buyback program that

conforms to the rules and regulations promulgated by the

Pennsylvania State Police under subsection (a).

(1) The Pennsylvania State Police Buyback Fund is

established as a fund in the State Treasury. Money in the

fund shall not lapse.

(2) Money deposited into the fund, including any

accruing interest, is appropriated to the Pennsylvania State

Police on a continuing basis to implement the buyback

program.

(3) An administrative action may not prevent the deposit

of money into the fund in any fiscal year.

(4) The fund may only be used for the implementation of

the buyback program. Money in the fund may not be transferred

or diverted for other purpose by administrative action.

(5) Money available to the fund shall include

appropriations to the Pennsylvania State Police for the

buyback program, transfers from the General Fund or funds in

the State Treasury, Federal funds or other sources of revenue

as provided by State law.

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

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