AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in firearms and other dangerous
3articles, further providing for licenses.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 6109(e) of Title 18 of the Pennsylvania
7Consolidated Statutes is amended and the section is amended by
8adding a subsection to read:

9§ 6109. Licenses.

10* * *

11(e) Issuance of license.--

12(1) A license to carry a firearm shall be for the
13purpose of carrying a firearm concealed on or about one's
14person or in a vehicle and shall be issued if, after an
15investigation not to exceed 45 days, it appears that the
16applicant is an individual concerning whom no good cause
17exists to deny the license, and the applicant has obtained 
18firearm liability insurance as provided under subsection 

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

2(i) An individual whose character and reputation is
3such that the individual would be likely to act in a
4manner dangerous to public safety.

5(ii) An individual who has been convicted of an
6offense under the act of April 14, 1972 (P.L.233, No.64),
7known as The Controlled Substance, Drug, Device and
8Cosmetic Act.

9(iii) An individual convicted of a crime enumerated
10in section 6105.

11(iv) An individual who, within the past ten years,
12has been adjudicated delinquent for a crime enumerated in
13section 6105 or for an offense under The Controlled
14Substance, Drug, Device and Cosmetic Act.

15(v) An individual who is not of sound mind or who
16has ever been committed to a mental institution.

17(vi) An individual who is addicted to or is an
18unlawful user of marijuana or a stimulant, depressant or
19narcotic drug.

20(vii) An individual who is a habitual drunkard.

21(viii) An individual who is charged with or has been
22convicted of a crime punishable by imprisonment for a
23term exceeding one year except as provided for in section
246123 (relating to waiver of disability or pardons).

25(ix) A resident of another state who does not
26possess a current license or permit or similar document
27to carry a firearm issued by that state if a license is
28provided for by the laws of that state, as published
29annually in the Federal Register by the Bureau of
30Alcohol, Tobacco and Firearms of the Department of the

1Treasury under 18 U.S.C. § 921(a)(19) (relating to
2definitions).

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

4(xi) An individual who has been discharged from the
5armed forces of the United States under dishonorable
6conditions.

7(xii) An individual who is a fugitive from justice.
8This subparagraph does not apply to an individual whose
9fugitive status is based upon nonmoving or moving summary
10offense under Title 75 (relating to vehicles).

11(xiii) An individual who is otherwise prohibited
12from possessing, using, manufacturing, controlling,
13purchasing, selling or transferring a firearm as provided
14by section 6105.

15(xiv) An individual who is prohibited from
16possessing or acquiring a firearm under the statutes of
17the United States.

18(xv) An individual who has failed to obtain firearm
19liability insurance as provided under subsection (e.1).

20(3) The license to carry a firearm shall be designed to
21be uniform throughout this Commonwealth and shall be in a
22form prescribed by the Pennsylvania State Police. The license
23shall bear the following:

24(i) The name, address, date of birth, race, sex,
25citizenship, height, weight, color of hair, color of eyes
26and signature of the licensee.

27(ii) The signature of the sheriff issuing the
28license.

29(iii) A license number of which the first two
30numbers shall be a county location code followed by

1numbers issued in numerical sequence.

2(iv) The point-of-contact telephone number
3designated by the Pennsylvania State Police under
4subsection (l).

5(v) The reason for issuance.

6(vi) The period of validation.

7(4) The sheriff shall require a photograph of the
8licensee on the license. The photograph shall be in a form
9compatible with the Commonwealth Photo Imaging Network.

10(5) The original license shall be issued to the
11applicant. The first copy of the license shall be forwarded
12to the Pennsylvania State Police within seven days of the
13date of issue. The second copy shall be retained by the
14issuing authority for a period of seven years. Except
15pursuant to court order, both copies and the application
16shall, at the end of the seven-year period, be destroyed
17unless the license has been renewed within the seven-year
18period.

19(e.1) Liability insurance.--

20(1) No individual shall be issued a license under
21subsection (e) without providing the licensing authority with
22a certificate of liability insurance verifying that the
23applicant has a valid insurance policy insuring against harm
24or damage that may arise out of the use of a firearm covered
25by the license.

26(2) The insurance policy shall meet all of the
27following:

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

29(ii) Satisfy any judgment for personal injuries or
30property damages arising out of negligent or willful acts

1involving the use of an insured firearm.

2(iii) May not cover any unlawful acts.

3(3) An insurer who has issued a contract of firearm
4liability insurance, or any approved self-insurance entity,
5shall do all the following:

6(i) Notify the licensing authority of the county in
7which the insured resides if the firearm liability
8insurance has been canceled or terminated. An insurer
9shall provide a copy of the notice of cancellation or a
10copy of the insurer's filing procedures with proof that
11the notice was written in the normal course of business
12and placed in the normal course of mailing.

13(ii) Provide insurance identification certificates
14to the insured which shall be valid only for the period
15for which coverage has been paid by the insured.
16Insurance identification certificates must disclose the
17period for which coverage has been paid by the insured.
18If the insured has financed premiums through a premium
19finance company or is on an insurer-sponsored or agency-
20sponsored payment plan, insurance identification
21certificates may be issued for periods of six months
22notwithstanding that the payment by the insured may be
23for a period of less than six months.

24(4) A licensing authority shall not be required to
25produce proof that notice of termination, lapse or
26cancellation was provided to the insured in order to revoke
27the license to carry a firearm. A licensing authority shall
28immediately revoke a licensee's license if the licensing
29authority receives notice that a licensee's firearm liability
30insurance has been canceled or terminated.

1(5) The insurer's insurance identification certificate
2shall be carried simultaneously with the insured firearm and
3shall be exhibited to any law enforcement officer upon demand
4for inspection. Failure to produce the insurance
5identification certification shall result in the following:

6(i) The law enforcement officer shall confiscate the
7firearm.

8(ii) The owner of the confiscated firearm shall be
9provided with a signed and dated written receipt by the
10law enforcement officer. This receipt shall include a
11detailed identifying description indicating the serial
12number and condition of the firearm.

13(iii) If, within ten days, the law enforcement
14officer does not receive proof from the owner of the
15confiscated firearm that the owner has a valid firearm
16liability insurance policy, the law enforcement officer
17shall notify the licensing authority of the county in
18which the individual resides that proof of insurance was
19not provided and the firearm was confiscated. Upon
20receipt of the notification, the licensing authority
21shall immediately revoke the licensee's license to carry
22a firearm and immediately notify the law enforcement
23officer of the revocation.

24(iv) A confiscated firearm shall be released to an
25owner as follows:

26(A) after confirmation has been received that
27the owner's license to carry has been revoked and the
28law enforcement officer has notified the owner that
29the license has been revoked and that the owner may
30no longer carry the firearm in public; or

1(B) the law enforcement officer has received
2proof from the owner of the confiscated firearm that
3the owner has a valid firearm liability insurance
4policy.

5(6) If a licensing authority revokes a licensee's
6license to carry a firearm, the licensing authority may not
7reissue the license to carry until the person furnishes proof
8of insurance. The licensing authority shall charge a fee of
9$50 to reissue a license to carry following a revocation.

10(7) An individual who is in this Commonwealth with a
11concealed firearm and possesses a valid and lawfully issued
12license or permit to carry that firearm which has been issued
13under the laws of another state as provided under section
146106(b)(15) (relating to firearms not to be carried without a
15license) shall be required to obtain firearm liability
16insurance as provided in this section within 30 days of
17arriving in this Commonwealth.

18(8) An individual who fails to maintain liability
19insurance as provided under this subsection shall be subject
20to the following:

21(i) For a first offense, the individual shall be
22subject to a fine of at least $1,000.

23(ii) For a second offense, the individual shall be
24subject to a fine of at least $5,000.

25(iii) For a third offense, the individual commits a
26a misdemeanor of the third degree and shall be subject to
27a fine of at least $10,000.

28(iv) For a fourth and subsequent offense, the
29individual commits a misdemeanor of the second degree and
30shall be subject to a fine of at least $15,000.

1* * *

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

 

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