H2060B3035A07622 SFR:CDM 06/15/18 #90 A07622
AMENDMENTS TO HOUSE BILL NO. 2060
Sponsor: REPRESENTATIVE MARSICO
Printer's No. 3035
Amend Bill, page 1, lines 1 through 15, by striking out all
of said lines and inserting
Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes, in
firearms and other dangerous articles, further providing for
persons not to possess, use, manufacture, control, sell or
transfer firearms and providing for relinquishment of
firearms and firearm licenses by convicted persons and for
abandonment of firearms, weapons or ammunition; and, in
protection from abuse, further providing for definitions, for
commencement of proceedings, for hearings, for relief, for
return of relinquished firearms, other weapons and ammunition
and additional relief, for relinquishment for consignment
sale, lawful transfer or safekeeping and for relinquishment
to third party for safekeeping and providing for order to
seal record from public view.
Amend Bill, page 1, lines 18 through 23; pages 2 through 31,
lines 1 through 30; page 32, lines 1 through 28; by striking out
all of said lines on said pages and inserting
Section 1. Section 6105(a)(2), (a.1)(2) and (3) and (c)(6)
and (9) of Title 18 of the Pennsylvania Consolidated Statutes
are amended and subsection (c) is amended by adding a paragraph
to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
(a) Offense defined.--
* * *
(2) (i) [A] Except as otherwise provided in this
paragraph, a person who is prohibited from possessing,
using, controlling, selling, transferring or
manufacturing a firearm under paragraph (1) or subsection
(b) or (c) shall have a reasonable period of time, not to
exceed 60 days from the date of the imposition of the
disability under this subsection, in which to sell or
transfer that person's firearms to another eligible
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person who is not a member of the prohibited person's
household.
(ii) This paragraph shall not apply to any person
whose disability is imposed pursuant to subsection (c)
(6).
(iii) A person whose disability is imposed pursuant
to subsection (c)(9) shall relinquish any firearms and
firearm licenses under that person's possession or
control, as described in section 6105.2 (relating to
relinquishment of firearms and firearm licenses by
convicted persons).
(iv) A person whose disability is imposed pursuant
to a protection from abuse order shall relinquish any
firearms, other weapons, ammunition and firearm licenses
under that person's possession or control, as described
in 23 Pa.C.S. § 6108(a)(7) (relating to relief).
(a.1) Penalty.--
* * *
(2) A person who is the subject of an active final
protection from abuse order issued pursuant to 23 Pa.C.S. §
6108 (relating to relief), is the subject of any other active
protection from abuse order issued pursuant to 23 Pa.C.S. §
6107(b) (relating to hearings), which [order] provided for
the relinquishment of firearms[,] or other weapons or
ammunition during the period of time the order is in effect,
or is otherwise prohibited from possessing or acquiring a
firearm under 18 U.S.C. § 922(g)(8) (relating to unlawful
acts), commits a misdemeanor of the [first] second degree if
he intentionally or knowingly fails to relinquish a
firearm[,] or other weapon or ammunition to the sheriff as
required by the order unless, in lieu of relinquishment, he
provides an affidavit which lists the firearms[,] or other
weapons or ammunition to the sheriff in accordance with
[either] 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2 (relating to
relinquishment for consignment sale, lawful transfer or
safekeeping) or 6108.3 (relating to relinquishment to third
party for safekeeping).
(3) (i) A person commits a misdemeanor of the third
degree if he intentionally or knowingly accepts
possession of a firearm, other weapon or ammunition from
[a] another person he knows is the subject of an active
final protection from abuse order issued pursuant to 23
Pa.C.S. § 6108 or an active protection from abuse order
issued pursuant to 23 Pa.C.S. § [6108] 6107(b), which
order provided for the relinquishment of the firearm,
other weapon or ammunition during the period of time the
order is in effect.
(ii) This paragraph shall not apply to:
(A) a third party who accepts possession of a
firearm, other weapon or ammunition relinquished
pursuant to 23 Pa.C.S. § 6108.3; or
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(B) a dealer licensed pursuant to section 6113
(relating to licensing of dealers) or subsequent
purchaser from a dealer licensed pursuant to section
6113, who accepts possession of a firearm, other
weapon or ammunition relinquished pursuant to 23
Pa.C.S. § 6108.2.
* * *
(c) Other persons.--In addition to any person who has been
convicted of any offense listed under subsection (b), the
following persons shall be subject to the prohibition of
subsection (a):
* * *
(6) A person who is the subject of an active final
protection from abuse order issued pursuant to 23 Pa.C.S. §
6108, is the subject of any other active protection from
abuse order issued pursuant to 23 Pa.C.S. § 6107(b), which
[order] provided for the relinquishment of firearms during
the period of time the order is in effect or is otherwise
prohibited from possessing or acquiring a firearm under 18
U.S.C. § 922(g)(8). This prohibition shall terminate upon the
expiration or vacation of [an active protection from abuse]
the order or portion thereof relating to the relinquishment
of firearms.
* * *
(9) A person who is prohibited from possessing or
acquiring a firearm under 18 U.S.C. § 922(g)(9) [(relating to
unlawful acts)]. If the offense which resulted in the
prohibition under 18 U.S.C. § 922(g)(9) was committed, as
provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to
definitions), by a person in any of the following
relationships:
(i) the current or former spouse, parent or guardian
of the victim;
(ii) a person with whom the victim shares a child in
common;
(iii) a person who cohabits with or has cohabited
with the victim as a spouse, parent or guardian; or
(iv) a person similarly situated to a spouse, parent
or guardian of the victim;
then the relationship need not be an element of the offense
to meet the requirements of this paragraph.
(10) A person who has been convicted of an offense under
subsection (a.1)(2). The prohibition shall terminate five
years after the date of conviction, final release from
confinement or final release from supervision, whichever is
later.
* * *
Section 2. Title 18 is amended by adding sections to read:
§ 6105.2. Relinquishment of firearms and firearm licenses by
convicted persons.
(a) Procedure.--
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(1) A person subject to a firearms disability pursuant
to section 6105(c)(9) (relating to persons not to possess,
use, manufacture, control, sell or transfer firearms) shall
relinquish any firearms under the person's possession or
control to the appropriate law enforcement agency of the
municipality as described in subsection (b) or to a dealer as
described in subsection (c).
(2) The court of conviction shall order the
relinquishment and the order shall be transmitted to the
appropriate law enforcement agency of the municipality and to
the sheriff of the county of which the person is a resident.
The order shall contain a list of any firearm ordered
relinquished.
(3) The person shall inform the court in what manner the
person will relinquish the firearms.
(4) If the person is present in court at the time of the
order, the person shall inform the court whether
relinquishment will be made under subsection (b) or (c).
(b) Relinquishment to law enforcement agency.--
(1) Relinquishment to an appropriate law enforcement
agency shall be made within a period not longer than 24 hours
following conviction, except for cause shown, in which case
the court shall specify the time for relinquishment of any or
all of the person's firearms.
(2) In securing custody of the person's relinquished
firearms, the law enforcement agency shall provide the person
subject to the relinquishment order with a signed and dated
written receipt, which shall include a detailed description
of each firearm and its condition.
(3) As used in this subsection, the term "cause" shall
be limited to facts relating to the inability of the person
to retrieve a specific firearm within a period not longer
than 24 hours due to the then current location of the
firearm.
(c) Relinquishment to dealer.--
(1) In lieu of relinquishment to the local law
enforcement agency, the person subject to a court order may,
within 24 hours or within the time ordered by the court upon
cause being shown as in subsection (b), relinquish firearms
to a dealer licensed pursuant to section 6113 (relating to
licensing of dealers).
(2) The dealer may charge the person a reasonable fee
for accepting relinquishment.
(3) The person shall obtain an affidavit from the dealer
on a form prescribed by the Pennsylvania State Police, which
shall include, at a minimum, the following:
(i) The caption of the case in which the person was
convicted.
(ii) The name, address, date of birth and Social
Security number of the person.
(iii) A list of the firearms, including the
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manufacturer, model and serial number.
(iv) The name and license number of the dealer
licensed pursuant to section 6113 and the address of the
licensed premises.
(v) An acknowledgment that the firearms will not be
returned to the person, unless the person is no longer
prohibited from possessing a firearm under Federal or
State law , or sold or transferred to a person the dealer
knows is a member of the defendant's household .
(vi) An acknowledgment that the firearms, if
transferred, will be transferred in compliance with this
chapter.
(4) Any person relinquishing a firearm pursuant to this
subsection shall, within the specified time frame, provide to
the appropriate law enforcement agency or the sheriff's
office, or both, the affidavit required by this subsection
and relinquish to the law enforcement agency any firearm
ordered to be relinquished that is not specified in the
affidavit.
(d) Notice of noncompliance.--
(1) If the person fails to relinquish any firearm within
24 hours or within the time ordered by the court upon cause
being shown, the law enforcement agency shall, at a minimum,
provide immediate notice to the court, the victim, the
prosecutor and the sheriff.
(2) For purposes of this subsection, "victim" shall have
the same meaning as "direct victim" in section 103 of the act
of November 24, 1998 (P.L.882, No.111), known as the Crime
Victims Act.
(e) Alternate relinquishment to dealer.--
(1) If the person relinquishes firearms to the
appropriate law enforcement agency pursuant to subsection
(b), the person may request that the appropriate law
enforcement agency make one transfer of any such firearm to a
dealer licensed pursuant to section 6113 within six months of
relinquishment.
(2) If requesting a subsequent transfer, the person
shall provide the appropriate law enforcement agency with the
dealer affidavit described in subsection (c).
(3) The appropriate law enforcement agency shall make
the transfer, if the person complies with this subsection,
and may charge the person for any costs associated with
making the transfer.
(f) Recordkeeping.--Any portion of an order or petition or
other paper that includes a list of firearms ordered to be
relinquished shall be kept in the files of the court as a
permanent record and withheld from public inspection, except
upon an order of the court granted upon cause shown, after
redaction of information relating to the firearms, or as
necessary, by law enforcement and court personnel.
(g) Relinquishment of licenses.--
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(1) A person convicted of a crime resulting in a firearm
disability pursuant to section 6105(c)(9) shall also
relinquish to the sheriff any firearm license issued under
section 6106 (relating to firearms not to be carried without
a license) or 6109 (relating to licenses) or 23 Pa.C.S. §
6108.3 (relating to relinquishment to third party for
safekeeping) .
(2) The provisions of subsections (a)(2) and (3), (b),
(d) and (f) shall also apply to firearm licenses of the
person.
(h) Penalty.--A person convicted of a crime resulting in a
firearm disability pursuant to section 6105(c)(9) commits a
misdemeanor of the second degree if the person intentionally or
knowingly fails to relinquish a firearm or other weapon or
ammunition to an appropriate law enforcement agency or a dealer
in accordance with this section.
(i) Definition.--As used in this section, the term "firearm"
means any weapon which is designed to or may readily be
converted to expel any projectile by the action of an explosive
or the frame or receiver of any such weapon.
§ 6128. Abandonment of firearms, weapons or ammunition.
(a) General rule.--Firearms, weapons or ammunition which are
itemized on a list required under 23 Pa.C.S. § 6108(a)(7)(v)
(relating to relief) or the possession or acquisition of which
is prohibited under 18 U.S.C. § 922(g)(9) (relating to unlawful
acts) and relinquished into or otherwise coming into the custody
of a police department, coroner, medical examiner, district
attorney, sheriff or licensed dealer shall be deemed abandoned
when:
(1) Relinquished by its lawful owner pursuant to court
order or executed warrant and no written request to return or
otherwise dispose of the firearms, weapons or ammunition is
made by the lawful owner or the lawful owner's attorney or
duly appointed representative after a period of one year from
the date an order of relinquishment or seizure has expired.
(2) Found, discovered or otherwise passed into the
custody of the police department, coroner, medical examiner,
district attorney, sheriff or licensed dealer and no owner
can be determined after a documented search of the database
of firearms sales maintained by the Pennsylvania State Police
is made at the time the firearms come into the custody of the
police department, coroner, medical examiner, district
attorney, sheriff or licensed dealer and is again made one
year from the date of the first documented search.
(b) Methods of disposal.--If firearms, weapons or ammunition
are deemed abandoned under subsection (a), the custodian may
dispose of the firearms, weapons or ammunition by:
(1) Arranging for the sale of the firearms, weapons or
ammunition to a federally licensed firearms dealer by sealed
bid with proceeds of the sale to be retained by the
custodian.
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(2) Arranging for the lawful and complete destruction of
the firearms, weapons or ammunition. Firearms, weapons or
ammunition that cannot lawfully be sold to a federally
licensed firearms dealer in this Commonwealth shall be
destroyed.
(c) Limitation.--A custodian may not dispose of firearms,
weapons or ammunition deemed abandoned under subsection (a)(1)
without first notifying the person who relinquished the
firearms, weapons or ammunition. If the person who relinquished
the firearms, weapons or ammunition fails to respond within 20
days to the notice, the custodian may proceed with disposal of
the firearms, weapons or ammunition. Notification shall be by
certified mail to:
(1) an address where the person relinquishing the
firearms, weapons or ammunition is now known by the custodian
to reside;
(2) the last known address of the person relinquishing
the firearms, weapons or ammunition;
(3) the address of the person relinquishing the
firearms, weapons or ammunition which was provided at the
time of relinquishment; or
(4) the address of the person relinquishing the
firearms, weapons or ammunition which is found after
searching the available sources of address data maintained in
the Commonwealth's databases of motor vehicle registration,
motor vehicle driver licensing, occupational and professional
licensure, corrections facilities and public assistance.
(d) Illegal seizure.--A custodian who sells or destroys
seized firearms, weapons or ammunition with pending or
unresolved evidentiary challenges to the legality of the seizure
shall be liable to the lawful owner of the illegally seized
firearms, weapons or ammunition for the actual value of the
illegally seized firearms, weapons or ammunition plus reasonable
attorney fees. Actual value shall be determined by the owner,
who shall be required to obtain an estimate of value from a
private third-party licensed firearms dealer.
(e) Public inspection.--A portion of an order or petition or
other paper which includes a list of firearms or other weapons
or ammunition in possession of a custodian under this section
shall be withheld from public inspection except:
(1) upon an order of a court granted upon cause shown;
(2) as necessary, by law enforcement and court
personnel; or
(3) after redaction of information listing firearms,
other weapons or ammunition.
(f) 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:
"Custodian." A police department, coroner, medical examiner,
district attorney, sheriff or licensed dealer into whose custody
firearms, weapons or ammunition has passed.
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"Firearm." Any weapon which is designed to or may readily be
converted to expel any projectile by the action of an explosive
or the frame or receiver of any such weapon.
Section 3. Section 6102(a) of Title 23 is amended by adding
a definition to read:
§ 6102. Definitions.
(a) General rule.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
"Appropriate law enforcement agency." The duly constituted
municipal law enforcement agency that regularly provides primary
police services to a political subdivision or, in the absence of
any such municipal law enforcement agency, the Pennsylvania
State Police installation that regularly provides primary police
services to the political subdivision.
* * *
Section 4. Section 6106(d) of Title 23 is amended and the
section is amended by adding a subsection to read:
§ 6106. Commencement of proceedings.
* * *
(a.3) Notification of need to protect plaintiff.--The
plaintiff shall notify the court anytime during the period
commencing upon filing the petition and granting of an order or
approving a consent agreement at a hearing held under section
6107(a) (relating to hearings) if the plaintiff has reason to
believe the plaintiff's safety is at risk. In such a case, the
court shall direct the Pennsylvania State Police, the municipal
police or the sheriff to accompany the plaintiff to the
plaintiff's residence to retrieve personal belongings or to
accompany the plaintiff while the petition or order is served
upon the defendant by the sheriff or competent adult, as set
forth in the Pennsylvania Rules of Civil Procedure.
* * *
(d) Surcharge on order.--When a protection order is granted
under section 6107(a) [(relating to hearings)], other than
pursuant to an agreement of the parties, a surcharge of $100
shall be assessed against the defendant. All moneys received
from surcharges shall be distributed in the following order of
priority:
(1) $25 shall be forwarded to the Commonwealth and shall
be appropriated to the Pennsylvania State Police to establish
and maintain the Statewide registry of protection orders
provided for in section 6105.
(2) $50 shall be retained by the county and shall be
used to carry out the provisions of this chapter as follows:
(i) $25 shall be used by the sheriff.
(ii) $25 shall be used by the court.
(3) $25 shall be forwarded to the Department of Public
Welfare for use for victims of domestic violence in
accordance with the provisions of section 2333 of the act of
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April 9, 1929 (P.L.177, No.175), known as The Administrative
Code of 1929.
* * *
Section 5. Section 6107(a) and (c) of Title 23 are amended
to read:
§ 6107. Hearings.
(a) General rule.--Within ten business days of the filing of
a petition under this chapter, a hearing shall be held before
the court, at which the plaintiff must prove the allegation of
abuse by a preponderance of the evidence. The court shall, at
the time the defendant is given notice of the hearing, advise
the defendant of the right to be represented by counsel, of the
right to present evidence, of the right to compel attendance of
witnesses, of the method by which witnesses may be compelled, of
the possibility that any firearm, other weapon or ammunition
owned and any firearm license possessed may be ordered
temporarily relinquished, of the options for relinquishment of a
firearm pursuant to this chapter, of the possibility that
Federal or State law may prohibit the possession of firearms,
including an explanation of 18 U.S.C. § 922(g)(8) (relating to
unlawful acts) and 18 Pa.C.S. § 6105 (relating to persons not to
possess, use, manufacture, control, sell or transfer firearms),
and that any protection order granted by a court may be
considered in any subsequent proceedings under this title. This
notice shall be printed and delivered in a manner which easily
attracts attention to its content and shall specify that child
custody is one of the proceedings where prior protection orders
may be considered.
* * *
(c) Continued hearings.--
(1) If a hearing under subsection (a) is continued and
no temporary order is issued, the court may make ex parte
temporary orders under subsection (b) as it deems necessary.
(2) If a hearing is scheduled to take place within three
business days after a defendant is served under section 6106
(relating to commencement of proceedings), the court shall
grant a continuance until the three business day-period has
elapsed, if requested by the defendant.
(3) The court shall notify the defendant of the right to
such continuance.
Section 6. Section 6108(a) introductory paragraph and (7) of
Title 23 are amended, subsection (e)(1) is amended by adding a
subparagraph and the section is amended by adding subsections to
read:
§ 6108. Relief.
(a) General rule.--[The] Subject to subsection (a.1), the
court may grant any protection order or approve any consent
agreement to bring about a cessation of abuse of the plaintiff
or minor children. The order or agreement may include:
* * *
(7) [Ordering] Prohibiting the defendant from acquiring
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or possessing any firearm for the duration of the order,
ordering the defendant to temporarily relinquish to the
sheriff [the defendant's other weapons and ammunition which
have been used or been threatened to be used in an incident
of abuse against the plaintiff or the minor children and the
defendant's firearms and prohibiting the defendant from
acquiring or possessing any firearm for the duration of the
order] any firearms under the defendant's possession or
control, and requiring the defendant to relinquish to the
sheriff any firearm license issued under section 6108.3
(relating to relinquishment to third party for safekeeping)
or 18 Pa.C.S. § 6106 (relating to firearms not to be carried
without a license) or 6109 (relating to licenses) the
defendant may possess. The court may also order the defendant
to relinquish the defendant's other weapons or ammunition
that have been used or been threatened to be used in an
incident of abuse against the plaintiff or the minor
children. A copy of the court's order shall be transmitted to
the chief or head of the [police force or police department]
appropriate law enforcement agency of the municipality and to
the sheriff of the county of which the defendant is a
resident. When relinquishment is ordered, the following shall
apply:
(i) (A) The court's order shall require the
defendant to relinquish such firearms, other weapons,
ammunition and any firearm license pursuant to the
provisions of this chapter within 24 hours of service
of a temporary order or the entry of a final order or
the close of the next business day as necessary by
closure of the sheriffs' offices, except for cause
shown at the hearing, in which case the court shall
specify the time for relinquishment of any or all of
the defendant's firearms.
(B) A defendant subject to a temporary order
requiring the relinquishment of firearms, other
weapons or ammunition shall, in lieu of relinquishing
specific firearms, other weapons or ammunition which
cannot reasonably be retrieved within the time for
relinquishment in clause (A) due to their current
location, provide the sheriff with an affidavit
listing the firearms, other weapons or ammunition and
their current location. If the defendant, within the
time for relinquishment in clause (A), fails to
provide the affidavit or fails to relinquish,
pursuant to this chapter, any firearms, other weapons
or ammunition ordered to be relinquished which are
not specified in the affidavit, the sheriff shall, at
a minimum, provide immediate notice to the court, the
plaintiff and appropriate law enforcement
authorities. The defendant shall not possess any
firearms, other weapons or ammunition specifically
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listed in the affidavit provided to the sheriff
pursuant to this clause for the duration of the
temporary order.
(C) As used in this subparagraph, the term
"cause" shall be limited to facts relating to the
inability of the defendant to retrieve a specific
firearm within 24 hours due to the current location
of the firearm.
(ii) The court's order shall contain a list of any
firearm, other weapon or ammunition ordered relinquished.
Upon the entry of a final order, the defendant shall
inform the court in what manner the defendant is going to
relinquish any firearm, other weapon or ammunition
ordered relinquished. Relinquishment may occur pursuant
to section 6108.2 (relating to relinquishment for
consignment sale, lawful transfer or safekeeping) or
6108.3 or to the sheriff pursuant to this paragraph.
Where the sheriff is designated, the sheriff shall secure
custody of the defendant's firearms, other weapons or
ammunition and any firearm license listed in the court's
order for the duration of the order or until otherwise
directed by court order. In securing custody of the
defendant's relinquished firearms, the sheriff shall
comply with 18 Pa.C.S. § 6105(f)(4) (relating to persons
not to possess, use, manufacture, control, sell or
transfer firearms). In securing custody of the
defendant's other weapons and ammunition, the sheriff
shall provide the defendant with a signed and dated
written receipt which shall include a detailed
description of the other weapon or ammunition and its
condition. The court shall inform the defendant that
firearms, other weapons or ammunition shall be deemed
abandoned when the conditions under 18 Pa.C.S. § 6128(a)
(relating to abandonment of firearm, weapon or
ammunition) are satisfied and may then be disposed of in
accordance with 18 Pa.C.S. § 6128.
(iii) The sheriff shall provide the plaintiff with
the name of the person to which any firearm, other weapon
or ammunition was relinquished.
(iv) Unless the defendant has complied with
subparagraph (i)(B) or section 6108.2 or 6108.3, if the
defendant fails to relinquish any firearm, other weapon,
ammunition or firearm license within 24 hours or upon the
close of the next business day due to closure of
sheriffs' offices or within the time ordered by the court
upon cause being shown at the hearing, the sheriff shall,
at a minimum, provide immediate notice to the court, the
plaintiff and appropriate law enforcement agencies.
(v) Any portion of any order or any petition or
other paper which includes a list of any firearm, other
weapon or ammunition ordered relinquished shall be kept
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in the files of the court as a permanent record thereof
and withheld from public inspection except:
(A) upon an order of the court granted upon
cause shown;
(B) as necessary, by law enforcement and court
personnel; or
(C) after redaction of information listing any
firearm, other weapon or ammunition.
(vi) As used in this paragraph, the term
"defendant's firearms" shall, if the defendant is a
licensed firearms dealer, only include firearms in the
defendant's personal firearms collection pursuant to 27
CFR § 478.125a (relating to personal firearms
collection).
* * *
(a.1) Final order or agreement.--Any final order or
agreement must direct the defendant to refrain from abusing,
harassing, stalking, threatening or attempting or threatening to
use physical force against the plaintiff or minor children and
must order that the defendant is subject to the firearms, other
weapons or ammunition and firearm license prohibition and
relinquishment provisions under subsection (a)(7).
* * *
(e) Extension of protection orders.--
(1) An extension of a protection order may be granted:
(i) Where the court finds, after a duly filed
petition, notice to the defendant and a hearing, in
accordance with the procedures set forth in sections 6106
and 6107, that the defendant committed one or more acts
of abuse subsequent to the entry of the final order or
that the defendant engaged in a pattern or practice that
indicates continued risk of harm to the plaintiff or
minor child.
(ii) When a contempt petition or charge has been
filed with the court or with a hearing officer in
Philadelphia County, but the hearing has not occurred
before the expiration of the protection order, the order
shall be extended, at a minimum, until the disposition of
the contempt petition and may be extended for another
term beyond the disposition of the contempt petition.
(iii) If the plaintiff files a petition for an
extension of the order and the defendant is or was
incarcerated and will be released from custody in the
next 90 days or has been released from custody within the
past 90 days. The plaintiff does not need to show that
the defendant committed one or more acts of abuse
subsequent to the entry of the order or that the
defendant engaged in a pattern or practice that indicates
continued risk of harm to the plaintiff or minor children
as set forth in subparagraph (i).
* * *
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(i) Third parties and affidavits.--A court requiring
relinquishment of firearms under this section shall provide for
the hearing of petitions by third parties who request the return
of a firearm relinquished by the defendant under subsection (a)
(7). The following apply:
(1) A third party claiming to be the lawful owner of a
firearm relinquished by the defendant under subsection (a)(7)
may request the return of the firearm by providing proof of
ownership and a sworn affidavit.
(2) The affidavit under paragraph (1) must affirm all of
the following:
(i) The third party who is the lawful owner will not
intentionally or knowingly return to the defendant the
firearm or allow access to the firearm by the defendant.
(ii) The third party who is the lawful owner
understands that violating subparagraph (i) constitutes a
misdemeanor of the second degree under 18 Pa.C.S. Ch. 61
(relating to firearms and other dangerous articles).
(iii) If the third party who is the lawful owner is
a family or household member of the defendant, any
firearm returned under this section must be stored in a
gun safe to which the defendant does not have access and
will not be permitted to access, or stored in a location
outside the third party's home to which the defendant
does not have access.
(3) If the court orders the return of a firearm under
this section, prior to the return of the firearm, the sheriff
shall independently confirm that the person seeking relief
under this section is legally eligible to possess firearms
under Federal and State law. The sheriff shall conduct the
background check as soon as practicable after the court
enters an order under this section.
Section 7. Section 6108.1(a) and (b) of Title 23 are amended
and the section is amended by adding subsections to read:
§ 6108.1. Return of relinquished firearms, other weapons and
ammunition and additional relief.
(a) General rule.--Any court order requiring the
relinquishment of firearms, other weapons or ammunition shall
provide for the return of the relinquished firearms, other
weapons or ammunition to the defendant upon expiration of the
order or dismissal of a petition for a protection from abuse
order. The defendant may take custody of the firearms, other
weapons and ammunition provided that the defendant is otherwise
eligible to lawfully possess the relinquished items. The
defendant shall not be required to pay any fees, costs or
charges associated with the returns, whether those fees, costs
or charges are imposed by the Pennsylvania State Police, any
local law enforcement agency or any other entity, including a
licensed importer, licensed manufacturer or licensed dealer in
order to secure return of the relinquished firearms, other
weapons or ammunition. The sheriff's office shall maintain a
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weapons return form that the defendant may fill out and return
to the office once a temporary or final protection from abuse
order has been dismissed or expires.
(a.1) Conditions for return.--The following conditions must
be satisfied prior to the firearms, other weapons or ammunition
being returned to the defendant:
(1) The firearms, other weapons or ammunition
relinquished must not be evidence of a crime.
(2) The defendant or owner must not be otherwise
prohibited by applicable Federal or State law, or another
condition, including, but not limited to, bail, from taking
possession of the firearms, other weapons or ammunition
seized.
(3) The defendant or owner must have been given a
clearance by the Pennsylvania State Police Instant Check
System Unit or through the National Instant Criminal
Background Check System (NICS) , requested by the sheriff's
office.
(a.2) Notice to plaintiff.--The plaintiff of the protection
from abuse order shall be notified of the defendant's request to
return the firearms, other weapons or ammunition.
(a.3) Petition for return.--If there is a determination
under subsection (a.1) that the defendant is ineligible to
regain possession of the firearms, other weapons or ammunition,
the defendant or owner may file a petition appealing that
determination and seeking their return. A copy of the petition
must be served upon the plaintiff, sheriff and the district
attorney.
(a.4) Abandonment.--Any firearms, other weapons or
ammunition shall be deemed abandoned when the conditions under
18 Pa.C.S. § 6128(a) (relating to abandonment of firearm, weapon
or ammunition) are satisfied and may then be disposed of in
accordance with 18 Pa.C.S. § 6128.
(b) Modification of court's order providing for return of
relinquished firearm, other weapon or ammunition.--
[(1) The defendant may petition the court to allow for
the return of firearms, other weapons and ammunition to the
defendant prior to the expiration of the court's order. The
petition shall be served upon the plaintiff and the plaintiff
shall be a party to the proceedings regarding that petition.
(2)] Any other person may petition the court to allow
for the return of that other person's firearms, other weapons
and ammunition prior to the expiration of the court's order.
The petition shall be served upon the plaintiff, and the
plaintiff shall be given notice and an opportunity to be
heard regarding that petition.
* * *
Section 8. Section 6108.2(a) and (e) of Title 23 are amended
to read:
§ 6108.2. Relinquishment for consignment sale, lawful transfer
or safekeeping.
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(a) General rule.--Notwithstanding any other provision of
law, a defendant who is the subject of a final protection from
abuse order, which order provides for the relinquishment of
firearms, other weapons or ammunition during the period of time
the order is in effect, may, within the time frame specified in
the order and in lieu of relinquishment to the sheriff,
relinquish to a dealer licensed pursuant to 18 Pa.C.S. § 6113
(relating to licensing of dealers) any firearms, other weapons
or ammunition for consignment sale, lawful transfer or
safekeeping. The dealer may charge the defendant a reasonable
fee for accepting relinquishment and for storage of any
firearms, other weapons or ammunition.
* * *
(e) Transfer upon entry of final order.--Upon entry of a
final protection from abuse order issued pursuant to section
6108, [which order provides for the relinquishment of firearms,
other weapons or ammunition during the period of time the order
is in effect,] a defendant who had relinquished firearms, other
weapons or ammunition to the sheriff pursuant to a temporary
order may request that the firearms, other weapons or ammunition
be relinquished to a dealer for consignment sale, lawful
transfer or safekeeping pursuant to this section. If the
defendant can identify a licensed dealer willing to accept the
firearms, other weapons or ammunition in compliance with this
section, the court shall order the sheriff to transport the
firearms, other weapons or ammunition to the licensed dealer at
no cost to the defendant or the licensed dealer.
* * *
Section 9. Section 6108.3(a) of Title 23 is amended and
subsection (b)(3)(ii) is amended by adding clauses to read:
§ 6108.3. Relinquishment to third party for safekeeping.
(a) General rule.--A defendant who is the subject of a
protection from abuse order, which order provides for the
relinquishment of firearms, other weapons or ammunition during
the period of time the order is in effect, may, within the time
frame specified in the order and in lieu of relinquishment to
the sheriff, relinquish any firearms, other weapons or
ammunition [to a third party for safekeeping.] for safekeeping
to a third party who meets the requirements of a third party
under subsection (b)(3).
(b) Transfer to third party.--
* * *
(3) * * *
(ii) A third party who will be accepting possession
of firearms, other weapons and ammunition pursuant to
subsection (a) shall, in the presence of the sheriff or
the sheriff's designee, execute an affidavit on a form
prescribed by the Pennsylvania State Police which shall
include, at a minimum, the following:
* * *
(N) An acknowledgment that the third party and
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the defendant are not family or household members.
(O) An acknowledgment that the third party is an
attorney at law, and that the attorney at law and the
defendant are in an attorney-client relationship. The
attorney at law and the defendant shall sign a
written agreement stating in substantially the
following form: "Firearm(s) can be relinquished to
the attorney at law upon the express, written
condition that firearm(s) will be returned to the
defendant, or otherwise transferred, only if in
strict conformance with applicable law."
* * *
Section 10. Title 23 is amended by adding a section to read:
§ 6108.6. Order to seal record from public view.
(a) General rule.--Notwithstanding any other provision of
this chapter, an individual who has entered into a consent
agreement approved by the court under section 6108(a) (relating
to relief) may petition the court for an order to seal the
record of the of the individual from public view. The court may
grant the order if the petitioner proves all of the following by
clear and convincing evidence:
(1) The consent agreement for which the individual seeks
relief under this section is the only such consent agreement
to which the individual has ever been subject, and that,
during the period in which the consent agreement was in
effect, the individual did not violate an order or consent
agreement under section 6108.
(2) A period of at least 10 years has elapsed since the
expiration of the consent agreement.
(3) The individual has not been subject to another final
protection from abuse order under section 6108.
(4) The individual has not been convicted of any of the
offenses set forth in 18 Pa.C.S. § 2711 (relating to probable
cause arrests in domestic violence cases) where the victim is
a family or household member.
(b) Notice to district attorney and plaintiff.--
(1) The petitioner shall serve a copy of the petition
under subsection (a) to the district attorney and to the
plaintiff within 10 days of the filing of the petition.
(2) The district attorney and the plaintiff shall have
an opportunity to be heard at the hearing.
(3) Within 30 days of receipt of notice, the district
attorney or plaintiff may file objections to the petition.
(4) If no objection under paragraph (3) is timely filed,
the court may grant the petition without further hearing if
the requirements of this section have been met.
(5) As used in this subsection, the term "plaintiff"
means the person who entered into the consent agreement with
the defendant.
(c) Notice to prothonotary.--Notice of an order to seal the
individual's record from public view shall promptly be submitted
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to the prothonotary of the county holding the record. The
prothonotary may not permit a member of the public from
accessing the individual's record regarding the consent
agreement. Nothing in this section shall be construed to limit
access of the record of the individual by a criminal justice
agency as defined in 18 Pa.C.S. § 9102 (relating to
definitions).
Section 11. This act shall apply to orders issued pursuant
to 23 Pa.C.S. § 6108 on or after the effective date of this
section.
Section 12. This act shall take effect in 180 days.
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