1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in falsification and intimidation,
3further providing for the offense of unsworn falsification to
4authorities; and, in firearms and other dangerous articles,
5further providing for persons not to possess, use,
6manufacture, control, sell or transfer firearms, for licenses
7and for sales or transfer or firearms.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 4904(b) of Title 18 of the Pennsylvania
11Consolidated Statutes is amended to read:

12§ 4904. Unsworn falsification to authorities.

13* * *

14(b) Statements "under penalty".--[A]

15(1) Except as provided in paragraph (2), a person
16commits a misdemeanor of the third degree if he makes a
17written false statement which he does not believe to be true,
18on or pursuant to a form bearing notice, authorized by law,
19to the effect that false statements made therein are
20punishable.

1(2) A person commits a felony of the third degree if he
2makes a written false statement which he does not believe to
3be true on or pursuant to a form bearing notice, authorized
4by law, relating to the purchase, delivery or transfer of a
5firearm under section 6111 (relating to sale or transfer of
6firearms) or relating to an application to carry a firearm
7under section 6109 (relating to licenses). A second or
8subsequent conviction for a violation of this paragraph shall
9be a felony of the second degree punishable by a mandatory
10minimum sentence of imprisonment of five years.

11* * *

12Section 2. Section 6105 heading of Title 18 is amended,
13subsection (a) is amended by adding a paragraph and subsection
14(a.1) is amended to read:

15§ 6105. Persons not to possess, use, manufacture, control, sell
16or transfer firearms; attempt.

17(a) Offense defined.--

18* * *

19(1.1) A person who knows that he is prohibited from
20possessing, using, controlling, selling, transferring or
21manufacturing a firearm in this Commonwealth under paragraph
22(1) shall not attempt to purchase a firearm or attempt to
23obtain a license to carry a firearm in this Commonwealth.

24* * *

25(a.1) Penalty.--

26(1) A person convicted of a felony enumerated under
27subsection (b) or a felony under the act of April 14, 1972
28(P.L.233, No.64), known as The Controlled Substance, Drug,
29Device and Cosmetic Act, or any equivalent Federal statute or
30equivalent statute of any other state, who violates

1subsection [(a)] (a)(1) commits a felony of the second
2degree.

3(1.1) A person who violates subsection (a)(1.1) commits
4a felony of the third degree. A conviction for a second or
5subsequent violation of subsection (a)(1.1) shall be a felony
6of the second degree punishable by a mandatory minimum
7sentence of imprisonment of five years. The penalty under
8this paragraph shall be in addition to any penalties imposed
9for a conviction under section 6111(g)(4) (relating to sale
10or transfer of firearms)

11(2) A person who is the subject of an active protection
12from abuse order issued pursuant to 23 Pa.C.S. § 6108
13(relating to relief), which order provided for the
14relinquishment of firearms, other weapons or ammunition
15during the period of time the order is in effect, commits a
16misdemeanor of the first degree if he intentionally or
17knowingly fails to relinquish a firearm, other weapon or
18ammunition to the sheriff as required by the order unless, in
19lieu of relinquishment, he provides an affidavit which lists
20the firearms, other weapons or ammunition to the sheriff in
21accordance with either 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2
22(relating to relinquishment for consignment sale, lawful
23transfer or safekeeping) or 6108.3 (relating to
24relinquishment to third party for safekeeping).

25(3) (i) A person commits a misdemeanor of the third
26degree if he intentionally or knowingly accepts
27possession of a firearm, other weapon or ammunition from
28a person he knows is the subject of an active protection
29from abuse order issued pursuant to 23 Pa.C.S. § 6108,
30which order provided for the relinquishment of the

1firearm, other weapon or ammunition during the period of
2time the order is in effect.

3(ii) This paragraph shall not apply to:

4(A) a third party who accepts possession of a
5firearm, other weapon or ammunition relinquished
6pursuant to 23 Pa.C.S. § 6108.3; or

7(B) a dealer licensed pursuant to section 6113
8(relating to licensing of dealers) or subsequent
9purchaser from a dealer licensed pursuant to section
106113, who accepts possession of a firearm, other
11weapon or ammunition relinquished pursuant to 23
12Pa.C.S. § 6108.2.

13(4) It shall be an affirmative defense to any
14prosecution under paragraph (3) that the person accepting
15possession of a firearm, other weapon or ammunition in
16violation of paragraph (3):

17(i) notified the sheriff as soon as practicable that
18he has taken possession; and

19(ii) relinquished possession of any firearm, other
20weapon or ammunition possessed in violation of paragraph
21(3) as directed by the sheriff.

22(5) A person who has accepted possession of a firearm,
23other weapon or ammunition pursuant to 23 Pa.C.S. § 6108.3
24commits a misdemeanor of the first degree if he intentionally
25or knowingly returns a firearm, other weapon or ammunition to
26a defendant or intentionally or knowingly allows a defendant
27to have access to the firearm, other weapon or ammunition
28prior to either of the following:

29(i) The sheriff accepts return of the safekeeping
30permit issued to the party pursuant to 23 Pa.C.S. §

16108.3(d)(1)(i).

2(ii) The issuance of a court order pursuant to
3subsection (f)(2) or 23 Pa.C.S. § 6108.1(b) (relating to
4return of relinquished firearms, other weapons and
5ammunition and additional relief) which modifies a valid
6protection from abuse order issued pursuant to 23 Pa.C.S.
7§ 6108, which order provided for the relinquishment of
8the firearm, other weapon or ammunition by allowing the
9defendant to take possession of the firearm, other weapon
10or ammunition that had previously been ordered
11relinquished.

12* * *

13Section 3. Section 6109 of Title 18 is amended by adding a
14subsection to read:

15§ 6109. Licenses.

16* * *

17(c.1) False information on application.--A person commits a
18felony of the third degree if he makes a false statement on the
19application for a license to carry a firearm under subsection
20(c). A second or subsequent conviction for a violation of this
21paragraph shall be a felony of the second degree punishable by a
22mandatory minimum sentence of imprisonment of five years.

23* * *

24Section 4. Section 6111(g)(4) of Title 18 is amended to
25read:

26§ 6111. Sale or transfer of firearms.

27* * *

28(g) Penalties.--

29* * *

30(4) Any person, purchaser or transferee commits a felony

1of the third degree if, in connection with the purchase,
2delivery or transfer of a firearm under this chapter, he
3knowingly and intentionally:

4(i) makes any materially false oral statement;

5(ii) makes any materially false written statement,
6including a statement on any form promulgated by Federal
7or State agencies; or

8(iii) willfully furnishes or exhibits any false
9identification intended or likely to deceive the seller,
10licensed dealer or licensed manufacturer.

11A second or subsequent conviction for a violation of this
12paragraph shall be a felony of the second degree punishable
13by a mandatory minimum sentence of imprisonment of five
14years.

15* * *

16Section 5. This act shall take effect in 60 days.