SENATE AMENDED PRIOR PRINTER'S NOS. 2174, 2572 PRINTER'S NO. 2918
No. 1717 Session of 2005
INTRODUCED BY TRUE, MANDERINO, ADOLPH, ALLEN, ARGALL, BAKER, BALDWIN, BEBKO-JONES, BELARDI, BISHOP, BLACKWELL, BOYD, BUNT, BUTKOVITZ, BUXTON, CAWLEY, CIVERA, CLYMER, COHEN, CORNELL, CRAHALLA, CURRY, DALLY, DeWEESE, DiGIROLAMO, EACHUS, J. EVANS, FABRIZIO, FAIRCHILD, FEESE, FLICK, FORCIER, FRANKEL, FREEMAN, GANNON, GEIST, GEORGE, GERBER, GERGELY, GINGRICH, GODSHALL, GOOD, GRELL, HARHART, HARPER, HARRIS, HENNESSEY, HERSHEY, HICKERNELL, HUTCHINSON, JAMES, JOSEPHS, KAUFFMAN, M. KELLER, W. KELLER, KENNEY, KILLION, LaGROTTA, LEACH, LEDERER, MACKERETH, MAHER, MAITLAND, MAJOR, MANN, McCALL, McGEEHAN, McGILL, McILHATTAN, McILHINNEY, METCALFE, MICOZZIE, R. MILLER, MUNDY, NAILOR, NICKOL, O'BRIEN, OLIVER, O'NEILL, PERZEL, PHILLIPS, PICKETT, PISTELLA, PRESTON, PYLE, QUIGLEY, RAYMOND, REED, REICHLEY, RIEGER, ROEBUCK, ROONEY, ROSS, RUBLEY, SANTONI, SAYLOR, SCHRODER, SHAPIRO, SIPTROTH, B. SMITH, S. H. SMITH, SOLOBAY, STABACK, STEIL, STERN, STETLER, T. STEVENSON, STURLA, TANGRETTI, E. Z. TAYLOR, J. TAYLOR, THOMAS, VEON, WALKO, WATSON, WHEATLEY, WILLIAMS, WRIGHT, YOUNGBLOOD, ZUG, ARMSTRONG, RAPP, MUSTIO, McNAUGHTON, GABIG, S. MILLER, CREIGHTON, SATHER, R. STEVENSON, WILT, ROHRER, CAPPELLI, HERMAN, CAUSER, GOODMAN, DENLINGER AND MELIO, JUNE 13, 2005
SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, OCTOBER 24, 2005
AN ACT 1 Amending Titles 18 (Crimes and Offenses) and 23 (Domestic 2 Relations) of the Pennsylvania Consolidated Statutes, further 3 providing for persons not to possess, use, manufacture, 4 control, sell or transfer firearms, for firearms not to be 5 carried without licenses, for licenses, for loans, lending or 6 giving of firearms, for definitions, for jurisdiction, for 7 full faith and credit and foreign protection orders, for 8 responsibilities of law enforcement agencies, for 9 commencement of proceedings, for hearings and for relief; 10 providing for return of relinquished firearms, other weapons 11 and ammunition, for relinquishment for consignment sale or 12 lawful transfer, for relinquishment to third party for
1 safekeeping and for registry or database of firearm 2 ownership; further providing for emergency relief by minor 3 judiciary, for arrest for violation of order, for private 4 criminal complaints for violation of order or agreement, for 5 contempt for violation of order or agreement and for 6 procedures and other remedies; and providing for immunity, 7 for inability to pay and for limitation on warrantless 8 searches. 9 The General Assembly finds and declares as follows: 10 (1) The provisions of 23 Pa.C.S. Ch. 61 (relating to 11 protection from abuse) are necessary and proper in that they 12 further the Commonwealth's compelling State interest to 13 protect victims of domestic violence from abuse. 14 (2) The Second Amendment to the Constitution of the 15 United States and section 21 of Article I of the Constitution 16 of Pennsylvania recognize a fundamental right to keep and 17 bear arms. 18 (3) The limitation of firearm rights for the duration of 19 a protection from abuse order as authorized by 23 Pa.C.S. Ch. 20 61 is a reasonable regulation, a valid exercise of the police 21 power of the Commonwealth and furthers the compelling State 22 interest to protect victims from abuse. 23 (4) As provided in 23 Pa.C.S. Ch. 61 a court may impose 24 limitations on firearm rights prohibiting someone who has 25 engaged in domestic violence from possessing firearms when 26 the court deems it appropriate to do so in order to protect a 27 victim. 28 The General Assembly of the Commonwealth of Pennsylvania 29 hereby enacts as follows: 30 Section 1. Section 6102 of Title 18 of the Pennsylvania 31 Consolidated Statutes is amended by adding definitions to read: 32 § 6102. Definitions. 33 Subject to additional definitions contained in subsequent 20050H1717B2918 - 2 -
1 provisions of this subchapter which are applicable to specific 2 provisions of this subchapter, the following words and phrases, 3 when used in this subchapter shall have, unless the context 4 clearly indicates otherwise, the meanings given to them in this 5 section: 6 * * * 7 "Commonwealth Photo Imaging Network." The computer network 8 administered by the Commonwealth and used to record and store 9 digital photographs of an individual's face and any scars, 10 marks, tattoos or other unique features of the individual. 11 * * * 12 "Pennsylvania Sheriffs' Association." The State association 13 of sheriffs authorized by the act of June 14, 1923 (P.L.774, 14 No.305), entitled "An act authorizing the sheriffs of the 15 several counties of this Commonwealth to organize themselves 16 into a State Association, for the purpose of holding annual 17 meetings, to secure more uniformity and cooperation in the 18 conduct of their offices, and providing for the payment of 19 certain expenses in connection with such meetings by the various 20 counties." 21 "Safekeeping permit." As defined in 23 Pa.C.S. § 6102 22 (relating to definitions). 23 * * * 24 "STATE." WHEN USED IN REFERENCE TO DIFFERENT PARTS OF THE <-- 25 UNITED STATES, INCLUDES THE DISTRICT OF COLUMBIA, THE 26 COMMONWEALTH OF PUERTO RICO AND TERRITORIES AND POSSESSIONS OF 27 THE UNITED STATES. 28 Section 2. Section 6105(a), (a.1), (c)(6), (d), (e)(1) and 29 (f)(2) and (4) of Title 18 are amended and subsection (c) is 30 amended by adding a paragraph to read: 20050H1717B2918 - 3 -
1 § 6105. Persons not to possess, use, manufacture, control, sell 2 or transfer firearms. 3 (a) Offense defined.-- 4 (1) A person who has been convicted of an offense 5 enumerated in subsection (b), within or without this 6 Commonwealth, regardless of the length of sentence or whose 7 conduct meets the criteria in subsection (c) shall not 8 possess, use, control, sell, transfer or manufacture or 9 obtain a license to possess, use, control, sell, transfer or 10 manufacture a firearm in this Commonwealth. 11 (2) (i) A person who is prohibited from possessing, 12 using, controlling, selling, transferring or 13 manufacturing a firearm under paragraph (1) or subsection 14 (b) or (c) shall have a reasonable period of time, not 15 to exceed 60 days from the date of the imposition of the 16 disability under this subsection, in which to sell or 17 transfer that person's firearms to another eligible 18 person who is not a member of the prohibited person's 19 household. 20 (ii) This paragraph shall not apply to any person 21 whose disability is imposed pursuant to subsection 22 (c)(6). 23 (a.1) Penalty.--[Any] 24 (1) A person convicted of a felony enumerated under 25 subsection (b) or a felony under the act of April 14, 1972 26 (P.L.233, No.64), known as The Controlled Substance, Drug, 27 Device and Cosmetic Act, or any equivalent Federal statute or 28 equivalent statute of any other state, who violates 29 subsection (a) commits a felony of the second degree. 30 (2) A person who is the subject of an active protection 20050H1717B2918 - 4 -
1 from abuse order issued pursuant to 23 Pa.C.S. § 6108 2 (relating to relief), which order provided for the 3 relinquishment of firearms, other weapons or ammunition 4 during the period of time the order is in effect commits a 5 misdemeanor of the first degree if he intentionally or 6 knowingly fails to relinquish a firearm, other weapon or 7 ammunition to the sheriff as required by the order unless, in 8 lieu of relinquishment, he provides an affidavit which lists 9 the firearms, other weapons or ammunition to the sheriff in 10 accordance with either 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2 11 (relating to relinquishment for consignment sale, lawful 12 transfer or safekeeping) or 6108.3 (relating to 13 relinquishment to third party for safekeeping). 14 (3) (i) A person commits a misdemeanor of the third 15 degree if he intentionally or knowingly accepts 16 possession of a firearm, other weapon or ammunition from 17 a person he knows is the subject of an active protection 18 from abuse order issued pursuant to 23 Pa.C.S. § 6108, 19 which order provided for the relinquishment of the 20 firearm, other weapon or ammunition during the period of 21 time the order is in effect. 22 (ii) This paragraph shall not apply to: 23 (A) a third party who accepts possession of a 24 firearm, other weapon or ammunition relinquished 25 pursuant to 23 Pa.C.S. § 6108.3; or 26 (B) a dealer licensed pursuant to section 6113 27 (relating to licensing of dealers) or subsequent 28 purchaser from a dealer licensed pursuant to section 29 6113, who accepts possession of a firearm, other 30 weapon or ammunition relinquished pursuant to 23 20050H1717B2918 - 5 -
1 Pa.C.S. § 6108.2. 2 (4) It shall be an affirmative defense to any 3 prosecution under paragraph (3) that the person accepting 4 possession of a firearm, other weapon or ammunition in 5 violation of paragraph (3): 6 (i) notified the sheriff as soon as practicable that 7 he has taken possession; and 8 (ii) relinquished possession of any firearm, other 9 weapon or ammunition possessed in violation of paragraph 10 (3) as directed by the sheriff. 11 (5) A person who has accepted possession of a firearm, 12 other weapon or ammunition pursuant to 23 Pa.C.S. § 6108.3 13 commits a misdemeanor of the first degree if he intentionally 14 or knowingly returns a firearm, other weapon or ammunition to 15 a defendant or intentionally or knowingly allows a defendant 16 to have access to the firearm, other weapon or ammunition 17 prior to either of the following: 18 (i) The sheriff accepts return of the safekeeping 19 permit issued to the party pursuant to 23 Pa.C.S. § 20 6108.3(d)(1)(i). 21 (ii) The issuance of a court order pursuant to 22 subsection (f)(2) or 23 Pa.C.S. § 6108.1(b) (relating to 23 return of relinquished firearms, other weapons or <-- 24 ammunition) AND AMMUNITION AND ADDITIONAL RELIEF) which <-- 25 modifies a valid protection from abuse order issued 26 pursuant to 23 Pa.C.S. § 6108, which order provided for 27 the relinquishment of the firearm, other weapon or 28 ammunition, by allowing the defendant to take possession 29 of the firearm, other weapon or ammunition that had 30 previously been ordered relinquished. 20050H1717B2918 - 6 -
1 * * * 2 (c) Other persons.--In addition to any person who has been 3 convicted of any offense listed under subsection (b), the 4 following persons shall be subject to the prohibition of 5 subsection (a): 6 * * * 7 (6) A person who is the subject of an active protection 8 from abuse order issued pursuant to 23 Pa.C.S. § 6108 9 [(relating to relief)], which order provided for the 10 [confiscation] relinquishment of firearms during the period 11 of time the order is in effect. This prohibition shall 12 terminate upon the expiration or vacation of an active 13 protection from abuse order or portion thereof relating to 14 the [confiscation] relinquishment of firearms. 15 * * * 16 (9) A person who is prohibited from possessing or 17 acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to 18 unlawful acts). If the offense which resulted in the 19 prohibition under 18 U.S.C. § 922(g)(9) was committed, as 20 provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to 21 definitions), by a person in any of the following 22 relationships: 23 (i) the current or former spouse, parent or guardian 24 of the victim; 25 (ii) a person with whom the victim shares a child in 26 common; 27 (iii) a person who cohabits with or has cohabited 28 with the victim as a spouse, parent or guardian; or 29 (iv) a person similarly situated to a spouse, parent 30 or guardian of the victim; 20050H1717B2918 - 7 -
1 then the relationship need not be an element of the offense 2 to meet the requirements of this paragraph. 3 (d) Exemption.--A person who has been convicted of a crime 4 specified in subsection (a) or (b) or a person whose conduct 5 meets the criteria in subsection (c)(1), (2), (5) [or (7)], (7) 6 or (9) may make application to the court of common pleas of the 7 county where the principal residence of the applicant is 8 situated for relief from the disability imposed by this section 9 upon the possession, transfer or control of a firearm. The court 10 shall grant such relief if it determines that any of the 11 following apply: 12 (1) The conviction has been vacated under circumstances 13 where all appeals have been exhausted or where the right to 14 appeal has expired. 15 (2) The conviction has been the subject of a full pardon 16 by the Governor. 17 (3) Each of the following conditions is met: 18 (i) The Secretary of the Treasury of the United 19 States has relieved the applicant of an applicable 20 disability imposed by Federal law upon the possession, 21 ownership or control of a firearm as a result of the 22 applicant's prior conviction, except that the court may 23 waive this condition if the court determines that the 24 Congress of the United States has not appropriated 25 sufficient funds to enable the Secretary of the Treasury 26 to grant relief to applicants eligible for the relief. 27 (ii) A period of ten years, not including any time 28 spent in incarceration, has elapsed since the most recent 29 conviction of the applicant of a crime enumerated in 30 subsection (b) [or], a felony violation of The Controlled 20050H1717B2918 - 8 -
1 Substance, Drug, Device and Cosmetic Act or the offense 2 which resulted in the prohibition under 18 U.S.C. § 3 922(g)(9). 4 (e) Proceedings.-- 5 (1) If a person convicted of an offense under subsection 6 (a), (b) or (c)(1), (2), (5) [or (7)], (7) or (9) makes 7 application to the court, a hearing shall be held in open 8 court to determine whether the requirements of this section 9 have been met. The commissioner and the district attorney of 10 the county where the application is filed and any victim or 11 survivor of a victim of the offense upon which the disability 12 is based may be parties to the proceeding. 13 * * * 14 (f) Other exemptions and proceedings.-- 15 * * * 16 (2) If application is made under this subsection for 17 relief from the disability imposed under subsection (c)(6), 18 notice of such application shall be given to the person who 19 had petitioned for the protection from abuse order, and such 20 person shall be a party to the proceedings. Notice of any 21 court order or amendment to a court order restoring firearms 22 possession or control shall be given to the person who had 23 petitioned for the protection from abuse order[.], to the 24 sheriff and to the Pennsylvania State Police. The application 25 and any proceedings on the application shall comply with 23 26 Pa.C.S. Ch. 61 (relating to abuse of family PROTECTION FROM <-- 27 ABUSE). 28 * * * 29 (4) (i) The owner of any seized or confiscated firearms 30 or of any firearms ordered relinquished under 23 Pa.C.S. 20050H1717B2918 - 9 -
1 § 6108 shall be provided with a signed and dated written 2 receipt by the appropriate law enforcement agency. This 3 receipt shall include, but not limited to, a detailed 4 identifying description indicating the serial number and 5 condition of the firearm. In addition, the appropriate 6 law enforcement agency shall be liable to the lawful 7 owner of said confiscated [or], seized or relinquished 8 firearm for any loss, damage or substantial decrease in 9 value of said firearm that is a direct result of a lack 10 of reasonable care by the appropriate law enforcement 11 agency. 12 (ii) Firearms shall not be engraved or permanently 13 marked in any manner, including, but not limited to, 14 engraving of evidence or other identification numbers. 15 Unless reasonable suspicion exists to believe that a 16 particular firearm has been used in the commission of a 17 crime, no firearm shall be test fired. Any reduction in 18 the value of a firearm due to test firing, engraving or 19 permanently marking in violation of this paragraph shall 20 be considered damage and the law enforcement agency shall 21 be liable to the lawful owner of the firearm for the 22 reduction in value caused by the test firing, engraving 23 or permanently marking. 24 (iii) For purposes of this paragraph, the term 25 "firearm" shall include any scope, sight, bipod, sling, 26 light, magazine, clip, ammunition or other firearm 27 accessory attached to or seized, confiscated or 28 relinquished with a firearm. 29 * * * 30 Section 3. Sections 6106(b) and 6109(c), (d), (e), (h), (i) 20050H1717B2918 - 10 -
1 and (k) of Title 18 are amended and the sections are amended by 2 adding subsections to read: 3 § 6106. Firearms not to be carried without a license. 4 * * * 5 (b) Exceptions.--The provisions of subsection (a) shall not 6 apply to: 7 (1) Constables, sheriffs, prison or jail wardens, or 8 their deputies, policemen of this Commonwealth or its 9 political subdivisions, or other law-enforcement officers. 10 (2) Members of the army, navy [or], marine corps, air 11 force or coast guard of the United States or of the National 12 Guard or organized reserves when on duty. 13 (3) The regularly enrolled members of any organization 14 duly organized to purchase or receive such [weapons] firearms 15 from the United States or from this Commonwealth. 16 (4) Any persons engaged in target shooting with [rifle, 17 pistol, or revolver] a firearm, if such persons are at or are 18 going to or from their places of assembly or target practice 19 and if, while going to or from their places of assembly or 20 target practice, [the cartridges or shells are carried in a 21 separate container and the rifle, pistol or revolver is 22 unloaded] the firearm is not loaded. 23 (5) Officers or employees of the United States duly 24 authorized to carry a concealed firearm. 25 (6) Agents, messengers and other employees of common 26 carriers, banks, or business firms, whose duties require them 27 to protect moneys, valuables and other property in the 28 discharge of such duties. 29 (7) Any person engaged in the business of manufacturing, 30 repairing, or dealing in firearms, or the agent or 20050H1717B2918 - 11 -
1 representative of any such person, having in his possession, 2 using or carrying a firearm in the usual or ordinary course 3 of such business. 4 (8) Any person while carrying a firearm [unloaded and] 5 which is not loaded and is in a secure wrapper from the place 6 of purchase to his home or place of business, or to a place 7 of repair, sale or appraisal or back to his home or place of 8 business, or in moving from one place of abode or business to 9 another or from his home to a vacation or recreational home 10 or dwelling or back, or to recover stolen property under 11 section 6111.1(b)(4) (relating to Pennsylvania State Police), 12 or to a place of instruction intended to teach the safe 13 handling, use or maintenance of firearms or back or to a 14 location to which the person has been directed to [surrender] 15 relinquish firearms under 23 Pa.C.S. § 6108 (relating to 16 relief) or back upon return of the [surrendered firearm.] 17 relinquished firearm or to a licensed dealer's place of 18 business for relinquishment pursuant to 23 Pa.C.S § 6108.2 19 (relating to relinquishment for consignment sale, lawful 20 transfer or safekeeping) or back upon return of the 21 relinquished firearm or to a location for safekeeping 22 pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment 23 to third party for safekeeping) or back upon return of the 24 relinquished firearm. 25 (9) Persons licensed to hunt, take furbearers or fish in 26 this Commonwealth, if such persons are actually hunting, 27 taking furbearers or fishing as permitted by such license, or 28 are going to the places where they desire to hunt, take 29 furbearers or fish or returning from such places. 30 (10) Persons training dogs, if such persons are actually 20050H1717B2918 - 12 -
1 training dogs during the regular training season. 2 (11) Any person while carrying a firearm in any vehicle, 3 which person possesses a valid and lawfully issued license 4 for that firearm which has been issued under the laws of the 5 United States or any other state. 6 (12) A person who has a lawfully issued license to carry 7 a firearm pursuant to section 6109 (relating to licenses) and 8 that said license expired within six months prior to the date 9 of arrest and that the individual is otherwise eligible for 10 renewal of the license. 11 (13) Any person who is otherwise eligible to possess a 12 firearm under this chapter and who is operating a motor 13 vehicle which is registered in the person's name or the name 14 of a spouse or parent and which contains a firearm for which 15 a valid license has been issued pursuant to section 6109 to 16 the spouse or parent owning the firearm. 17 (14) A person lawfully engaged in the interstate 18 transportation of a firearm as defined under 18 U.S.C § 19 921(a)(3) (relating to definitions) in compliance with 18 20 U.S.C. § 926A (relating to interstate transportation of 21 firearms). 22 (15) Any person who possesses a valid and lawfully 23 issued license or permit to carry a firearm which has been 24 issued under the laws of another state or jurisdiction, <-- 25 regardless of whether a reciprocity agreement exists between 26 the Commonwealth and the state or jurisdiction under section <-- 27 6109(k), provided: 28 (i) The state or jurisdiction provides a reciprocal <-- 29 privilege for individuals licensed to carry firearms 30 under section 6109. 20050H1717B2918 - 13 -
1 (ii) The Attorney General has determined that the 2 firearm laws of the state or jurisdiction are similar to <-- 3 the firearm laws of this Commonwealth. 4 * * * 5 (e) Definitions.-- 6 (1) For purposes of subsection (b)(3), (4), (5), (7) and 7 (8), the term "firearm" shall include any weapon which is 8 designed to or may readily be converted to expel any 9 projectile by the action of an explosive or the frame or 10 receiver of the weapon. 11 (2) As used in this section, the phrase "place of 12 instruction" shall include any hunting club, rifle club, 13 rifle range, pistol range, shooting range, the premises of a 14 licensed firearms dealer or a lawful gun show or meet. 15 § 6109. Licenses. 16 * * * 17 (c) Form of application and content.--The application for a 18 license to carry a firearm shall be uniform throughout this 19 Commonwealth and shall be on a form prescribed by the 20 Pennsylvania State Police. The form may contain provisions, not 21 exceeding one page, to assure compliance with this section. 22 Issuing authorities shall use only the application form 23 prescribed by the Pennsylvania State Police. One of the 24 following reasons for obtaining a firearm license shall be set 25 forth in the application: self-defense, employment, hunting and 26 fishing, target shooting, gun collecting or another proper 27 reason. The application form shall be dated and signed by the 28 applicant and shall contain the following statement: 29 I have never been convicted of a crime [of violence in 30 the Commonwealth of Pennsylvania or elsewhere] that 20050H1717B2918 - 14 -
1 prohibits me from possessing or acquiring a firearm under 2 Federal or State law. I am of sound mind and have never 3 been committed to a mental institution. I hereby certify 4 that the statements contained herein are true and correct 5 to the best of my knowledge and belief. I understand 6 that, if I knowingly make any false statements herein, I 7 am subject to penalties prescribed by law. I authorize 8 the sheriff, or his designee, or, in the case of first 9 class cities, the chief or head of the police department, 10 or his designee, to inspect only those records or 11 documents relevant to information required for this 12 application. If I am issued a license and knowingly 13 become ineligible to legally possess or acquire firearms, 14 I will promptly notify the sheriff of the county in which 15 I reside or, if I reside in a city of the first class, 16 the chief of police of that city. 17 (d) Sheriff to conduct investigation.--The sheriff to whom 18 the application is made shall: 19 (1) investigate the applicant's record of criminal 20 [convictions, shall] conviction; 21 (2) investigate whether or not the applicant is under 22 indictment for or has ever been convicted of a crime 23 punishable by imprisonment exceeding one year[, shall]; 24 (3) investigate whether the applicant's character and 25 reputation are such that the applicant will not be likely to 26 act in a manner dangerous to public safety [and shall]; 27 (4) investigate whether the applicant would be precluded 28 from receiving a license under subsection (e)(1) or section 29 6105(h) (relating to persons not to possess, use, 30 manufacture, control, sell or transfer firearms) [and shall]; 20050H1717B2918 - 15 -
1 and 2 (5) conduct a criminal background, juvenile delinquency 3 [or mental health check following the procedures set forth in 4 section 6111 (relating to firearm ownership)] and mental 5 health check following the procedures set forth in section 6 6111 (relating to sale or transfer of firearms), receive a 7 unique approval number for that inquiry and record the date 8 and number on the application. 9 (e) Issuance of license.-- 10 (1) A license to carry a firearm shall be for the 11 purpose of carrying a firearm concealed on or about one's 12 person or in a vehicle and shall be issued if, after an 13 investigation not to exceed 45 days, it appears that the 14 applicant is an individual concerning whom no good cause 15 exists to deny the license. A license shall not be issued to 16 any of the following: 17 (i) An individual whose character and reputation is 18 such that the individual would be likely to act in a 19 manner dangerous to public safety. 20 (ii) An individual who has been convicted of an 21 offense under the act of April 14, 1972 (P.L.233, No.64), 22 known as The Controlled Substance, Drug, Device and 23 Cosmetic Act. 24 (iii) An individual convicted of a crime enumerated 25 in section 6105. 26 (iv) An individual who, within the past ten years, 27 has been adjudicated delinquent for a crime enumerated in 28 section 6105 or for an offense under The Controlled 29 Substance, Drug, Device and Cosmetic Act. 30 (v) An individual who is not of sound mind or who 20050H1717B2918 - 16 -
1 has ever been committed to a mental institution.
2 (vi) An individual who is addicted to or is an
3 unlawful user of marijuana or a stimulant, depressant or
4 narcotic drug.
5 (vii) An individual who is a habitual drunkard.
6 (viii) An individual who is charged with or has been
7 convicted of a crime punishable by imprisonment for a
8 term exceeding one year except as provided for in section
9 6123 (relating to waiver of disability or pardons).
10 (ix) A resident of another state who does not
11 possess a current license or permit or similar document
12 to carry a firearm issued by that state if a license is
13 provided for by the laws of that state, as published
14 annually in the Federal Register by the Bureau of
15 Alcohol, Tobacco and Firearms of the Department of the
16 Treasury under 18 U.S.C. § 921(a)(19) (relating to
17 definitions).
18 (x) An alien who is illegally in the United States.
19 (xi) An individual who has been discharged from the
20 armed forces of the United States under dishonorable
21 conditions.
22 (xii) An individual who is a fugitive from justice.
23 This subparagraph does not apply to an individual whose
24 fugitive status is based upon nonmoving or moving summary
25 offense under Title 75 (relating to vehicles).
26 (xiii) An individual who is otherwise prohibited
27 from possessing, using, manufacturing, controlling,
28 purchasing, selling or transferring a firearm as provided
29 by section 6105.
30 (xiv) An individual who is prohibited from
20050H1717B2918 - 17 -
1 possessing or acquiring a firearm under the statutes of 2 the United States. 3 (3) The license [shall bear the] to carry a firearm 4 shall be designed to be uniform throughout this Commonwealth 5 and shall be in a form prescribed by the Pennsylvania State 6 Police. The license shall bear the following: 7 (i) The name, address, date of birth, race, sex, 8 citizenship, [Social Security number,] height, weight, 9 color of hair, color of eyes and signature of the 10 licensee[; the]. 11 (ii) The signature of the sheriff issuing the 12 license[; the]. 13 (iii) A license number of which the first two 14 numbers shall be a county location code followed by 15 numbers issued in numerical sequence. 16 (iv) The point-of-contact telephone number 17 designated by the Pennsylvania State Police under 18 subsection (l). 19 (v) The reason for issuance[; and the]. 20 (vi) The period of validation. 21 (4) The sheriff [may also] shall require a photograph of 22 the licensee on the license. The photograph shall be in a 23 form compatible with the Commonwealth Photo Imaging Network. 24 (5) The original license shall be issued to the 25 applicant. The first copy of the license shall be forwarded 26 to the [commissioner] Pennsylvania State Police within seven 27 days of the date of issue[, and a]. THE second copy shall be <-- 28 retained by the issuing authority for a period of [six 29 years.] seven years. Except pursuant to court order, both 30 copies and the application shall, at the end of the seven- 20050H1717B2918 - 18 -
1 year period, be destroyed unless the license has been renewed 2 within the seven-year period. 3 * * * 4 (h) Fee.--[The] 5 (1) In addition to fees described in paragraphs (2)(ii) 6 and (3), the fee for a license to carry a firearm is $19. 7 This includes [a] all of the following: 8 (i) A renewal notice processing fee of $1.50. [This 9 includes an] 10 (ii) An administrative fee of $5 under section 14(2) 11 of the act of July 6, 1984 (P.L.614, No.127), known as 12 the Sheriff Fee Act. 13 (2) (i) The Pennsylvania Commission on Crime and 14 Delinquency shall design and develop IMPLEMENT, within <-- 15 five years of the effective date of this paragraph, a 16 system in conjunction with the Pennsylvania State Police 17 and the Pennsylvania Sheriffs' Association to standardize 18 and modernize the process of issuing licenses to carry 19 firearms. Upon adoption IMPLEMENTATION of the system <-- 20 under this paragraph, the Pennsylvania Commission on 21 Crime and Delinquency shall publish notice thereof in the 22 Pennsylvania Bulletin. 23 (ii) A AN ADDITIONAL temporary fee of $5 shall be <-- 24 remitted by the sheriff to the Firearms License to Carry 25 Modernization Account, which is hereby established as a 26 special restricted receipt account within the General 27 Fund of the State Treasury. Moneys and investment income 28 in the account shall be awarded as grants to sheriffs to 29 implement the system designed and developed under this <-- 30 paragraph, including grants to reimburse sheriffs for 20050H1717B2918 - 19 -
1 expenses incurred prior to the effective date of this 2 paragraph. 3 (iii) Moneys credited to the account and any 4 investment income accrued are hereby appropriated on a 5 continuing basis to the Pennsylvania Commission on Crime 6 and Delinquency. The commission shall administer the <-- 7 account and establish procedures related to the 8 application process for, and distribution of funds to, 9 sheriffs under this paragraph. Notwithstanding the 10 provisions of subparagraph (ii), the commission may 11 withhold annually an amount not exceeding 5% of the funds 12 credited to the account in that fiscal year for THE COST <-- 13 TO IMPLEMENT THE SYSTEM UNDER SUBPARAGRAPH (I) AND FOR 14 administrative costs directly related to the 15 responsibilities of the commission under this paragraph. <-- 16 including costs incurred in administering the account. <-- 17 (iv) This paragraph shall expire five years after 18 its effective date. Any surplus funds remaining in the 19 account established in subparagraph (ii) at such time 20 shall lapse into the General Fund. 21 (3) A fee of $1 shall be AN ADDITIONAL FEE OF $1 SHALL <-- 22 BE PAID BY THE APPLICANT FOR A LICENSE TO CARRY A FIREARM AND 23 SHALL BE remitted by the sheriff to the Firearms License 24 Validation System Account, which is hereby established as a 25 special restricted receipt account within the General Fund of 26 the State Treasury. The account shall be administered by the <-- 27 Pennsylvania State Police and used for purposes under 28 subsection (l). Moneys credited to the account and any 29 investment income accrued are hereby appropriated on a 30 continuing basis to the Pennsylvania State Police. 20050H1717B2918 - 20 -
1 (4) No fee other than that provided by this [paragraph] 2 subsection or the Sheriff Fee Act may be assessed by the 3 sheriff for the performance of any background check made 4 pursuant to this act. 5 (5) The fee is payable to the sheriff to whom the 6 application is submitted and is payable at the time of 7 application for the license. 8 (6) Except for the administrative fee of $5 under 9 section 14(2) of the Sheriff Fee Act, all other fees shall be 10 refunded if the application is denied but shall not be 11 refunded if a license is issued and subsequently revoked. 12 (7) A person who sells or attempts to sell a license to 13 carry a firearm for a fee in excess of the amounts fixed 14 under this subsection commits a summary offense. 15 (i) Revocation.--A license to carry firearms may be revoked 16 by the issuing authority for good cause. A license to carry 17 firearms shall be revoked by the issuing authority for any 18 reason stated in subsection (e)(1) which occurs during the term 19 of the permit. Notice of revocation shall be in writing and 20 shall state the specific reason for revocation. Notice shall be 21 sent by certified mail to the individual whose license is 22 revoked, and, at that time, [a copy shall be forwarded to the 23 commissioner.] notice shall also be provided to the Pennsylvania 24 State Police, by electronic means, including e-mail or facsimile 25 transmission, that the license is no longer valid. An individual 26 whose license is revoked shall surrender the license to the 27 issuing authority within five days of receipt of the notice. An 28 individual whose license is revoked may appeal to the court of 29 common pleas for the judicial district in which the individual 30 resides. An individual who violates this section commits a 20050H1717B2918 - 21 -
1 summary offense. 2 (i.1) Notice to sheriff.--Notwithstanding any statute to the 3 contrary: 4 (1) Upon conviction of a person for a crime specified in 5 section 6105(a) or (b) or upon conviction of a person for a 6 crime punishable by imprisonment exceeding one year or upon a 7 determination that the conduct of a person meets the criteria 8 specified in section 6105(c)(1), (2), (3), (5) or (6), a <-- 9 judge of the court of common pleas shall, (6) OR (9), THE <-- 10 COURT SHALL DETERMINE IF THE DEFENDANT HAS A LICENSE TO CARRY 11 FIREARMS ISSUED PURSUANT TO THIS SECTION. IF THE DEFENDANT 12 HAS SUCH A LICENSE, THE COURT SHALL notify the sheriff of the 13 county in which that person resides, on a form developed by 14 the Pennsylvania State Police, of the identity of the person 15 and the nature of the crime or conduct which resulted in the 16 notification. The notification shall be transmitted by the 17 judge within seven days of the conviction or determination. 18 (2) Upon adjudication that a person is incompetent or 19 upon the involuntary commitment of a person to a mental 20 institution for inpatient care and treatment under the act of 21 July 9, 1976 (P.L.817, No.143), known as the Mental Health 22 Procedures Act, or upon involuntary treatment of a person as 23 described under section 6105(c)(4), the judge of the court of 24 common pleas, mental health review officer or county mental 25 health and mental retardation administrator shall notify the 26 sheriff of the county in which that person resides, on a form 27 developed by the Pennsylvania State Police, of the identity 28 of the person who has been adjudicated, committed or treated 29 and the nature of the adjudication, commitment or treatment. 30 The notification shall be transmitted by the judge, mental 20050H1717B2918 - 22 -
1 health review officer or county mental health and mental 2 retardation administrator within seven days of the 3 adjudication, commitment or treatment. 4 * * * 5 (k) Reciprocity.-- 6 (1) The Attorney General [may] shall have the power and 7 duty to enter into reciprocity agreements with other states 8 or jurisdictions providing for the mutual recognition of <-- 9 [each state's license to carry a firearm.] a license to carry 10 a firearm issued by the Commonwealth and a license or permit 11 to carry a firearm issued by the other state or jurisdiction. <-- 12 To carry out this duty, the Attorney General is authorized to 13 negotiate reciprocity agreements and grant recognition of a 14 license or permit to carry a firearm issued by another state 15 or jurisdiction. <-- 16 (2) The Attorney General shall report to the General 17 Assembly within 180 days of the effective date of this 18 paragraph and annually thereafter concerning the agreements 19 which have been consummated under this subsection. 20 (l) Firearms License Validation System.-- 21 (1) The Pennsylvania State Police shall establish a 22 nationwide toll-free telephone number, known as the Firearms 23 License Validation System, which shall be operational seven 24 days a week, 24 hours per day, for the purpose of responding 25 to law enforcement inquiries regarding the validity of any 26 Pennsylvania license to carry a firearm. 27 (2) Notwithstanding any other law regarding the 28 confidentiality of information, inquiries to the Firearms 29 License Validation System regarding the validity of any 30 Pennsylvania license to carry a firearm may only be made by 20050H1717B2918 - 23 -
1 law enforcement personnel acting within the scope of their 2 official duties. 3 (3) Law enforcement personnel outside this Commonwealth 4 shall provide their originating agency identifier number and 5 the license number of the license to carry a firearm which is 6 the subject of the inquiry. 7 (4) Responses to inquiries by law enforcement personnel 8 outside this Commonwealth shall be limited to the name of the 9 licensee, the validity of the license and any information 10 which may be provided to a criminal justice agency pursuant 11 to Chapter 91 (relating to criminal history record 12 information). 13 (m) Inquiries.-- 14 (1) The Attorney General shall, not later than one year 15 after the effective date of this subsection and not less than 16 once annually, contact in writing the appropriate authorities 17 in any other state or jurisdiction which does not have a <-- 18 current reciprocity agreement with the Commonwealth to 19 determine if: 20 (i) the state or jurisdiction will negotiate a <-- 21 reciprocity agreement; 22 (ii) a licensee may carry a concealed firearm in the 23 state or jurisdiction; or <-- 24 (iii) a licensee may apply for a license or permit 25 to carry a firearm issued by the state or jurisdiction. <-- 26 (2) The Attorney General shall maintain a current list 27 of those states and jurisdictions which have a reciprocity <-- 28 agreement with the Commonwealth, those states and <-- 29 jurisdictions which allow licensees to carry a concealed 30 firearm and those states and jurisdictions which allow <-- 20050H1717B2918 - 24 -
1 licensees to apply for a license or permit to carry a 2 firearm. This list shall be posted on the Internet, provided 3 to the Pennsylvania State Police and made available to the 4 public upon request. 5 (n) Definition.--As used in this section, the term 6 "licensee" means an individual who is licensed to carry a 7 firearm under this section. 8 Section 4. Section 6115(b) of Title 18 is amended by adding 9 a paragraph to read: 10 § 6115. Loans on, or lending or giving firearms prohibited. 11 * * * 12 (b) Exception.-- 13 * * * 14 (4) Nothing in this section shall prohibit the 15 relinquishment of firearms to a third party in accordance 16 with 23 Pa.C.S. § 6108.3 (relating to relinquishment to third 17 party for safekeeping). 18 Section 5. The definitions of "confidential communications" 19 and "hearing officer" in section 6102(a) of Title 23, amended <-- 20 November 30, 2004 (P.L.1618, No.207), are amended and the 21 section is amended by adding definitions to read: 22 § 6102. Definitions. 23 (a) General rule.--The following words and phrases when used 24 in this chapter shall have the meanings given to them in this 25 section unless the context clearly indicates otherwise: 26 * * * 27 "Confidential communications." All information, whether 28 written or spoken, transmitted between a victim and a domestic 29 violence counselor or advocate in the course of the 30 relationship. The term includes information received or given by 20050H1717B2918 - 25 -
1 the domestic violence counselor or advocate in the course of the 2 relationship, as well as advice, reports, statistical data, 3 memoranda or working papers, records or the like, given or made 4 in the course of the relationship. The term also includes 5 communications made by or to a linguistic interpreter assisting 6 the victim, counselor or advocate in the course of the 7 relationship. 8 * * * 9 "Firearm." Any weapon which is designed to or may readily be 10 converted to expel any projectile by the action of an explosive 11 or the frame or receiver of any such weapon as defined by 18 12 Pa.C.S. § 6105(i) (relating to persons not to possess, use, 13 manufacture, control, sell or transfer firearms). 14 * * * 15 "Hearing officer." A magisterial district judge, judge of 16 the Philadelphia Municipal Court, bail commissioner appointed 17 under 42 Pa.C.S. § 1123 (relating to jurisdiction and venue) 18 [and], master appointed under 42 Pa.C.S. § 1126 (relating to 19 masters) and master for emergency relief. 20 "Master for emergency relief." A member of the bar of the 21 Commonwealth appointed under section 6110(e) (relating to 22 emergency relief by minor judiciary). 23 * * * 24 "OTHER WEAPON." ANYTHING READILY CAPABLE OF LETHAL USE AND <-- 25 POSSESSED UNDER CIRCUMSTANCES NOT MANIFESTLY APPROPRIATE FOR 26 LAWFUL USES WHICH IT MAY HAVE. THE TERM DOES NOT INCLUDE A 27 FIREARM. 28 "Safekeeping permit." A permit issued by a sheriff allowing 29 a person to take possession of any firearm, other weapon or 30 ammunition that a judge ordered a defendant to relinquish in a 20050H1717B2918 - 26 -
1 protection from abuse proceeding. 2 * * * 3 "Sheriff." 4 (1) Except as provided in paragraph (2), the sheriff of 5 the county. 6 (2) In a city of the first class, the chief or head of 7 the police department. 8 * * * 9 "Weapon." Anything readily capable of lethal use and 10 possessed under circumstances not manifestly appropriate for 11 lawful uses which it may have. The term includes a firearm which 12 is not loaded or lacks a magazine, clip or other components to 13 render it immediately operable and components which can readily 14 be assembled into a weapon as defined by 18 Pa.C.S. § 907 15 (relating to possessing instruments of crime). 16 * * * 17 Section 6. Sections 6103, 6104(d) and 6105(e) of Title 23 18 are amended to read: 19 § 6103. [Effect of departure to avoid abuse.] Jurisdiction. 20 (a) General rule.--The court shall have jurisdiction over 21 all proceedings under this chapter. [The right of plaintiff to 22 relief under this chapter shall not be affected by plaintiff 23 leaving the residence or household to avoid further abuse.] 24 (b) Effect of departure and nonresidence.--The right of the 25 plaintiff to relief under this chapter shall not be affected by 26 either of the following: 27 (1) The plaintiff's leaving the residence or household 28 to avoid further abuse. 29 (2) The defendant's absence from this Commonwealth or 30 the defendant's nonresidence in this Commonwealth, provided 20050H1717B2918 - 27 -
1 that the court has personal jurisdiction over the defendant 2 in accordance with 42 Pa.C.S. § 5322 (relating to bases of 3 personal jurisdiction over persons outside this 4 Commonwealth). 5 § 6104. Full faith and credit and foreign protection orders. 6 * * * 7 (d) Filing a foreign protection order.--A plaintiff may file 8 a certified copy of a foreign protection order with the 9 prothonotary in any county within this Commonwealth where the 10 plaintiff believes enforcement may be necessary. The following 11 provisions shall apply: 12 (1) [Filing of a foreign protection order shall be 13 without fee or cost.] No costs or fees associated with filing 14 a foreign protection order shall be assigned to the 15 plaintiff, including the cost of obtaining certified copies 16 of the order. Costs and fees associated with filing a foreign 17 protection order may be assessed against the defendant. 18 (2) Upon filing of a foreign protection order, a 19 prothonotary shall transmit, in a manner prescribed by the 20 Pennsylvania State Police, a copy of the order to the 21 Pennsylvania State Police registry of protection orders. 22 (3) Filing of a foreign protection order shall not be a 23 prerequisite for service and enforcement. 24 * * * 25 § 6105. Responsibilities of law enforcement agencies. 26 * * * 27 (e) Statewide registry.-- 28 (1) The Pennsylvania State Police shall establish a 29 Statewide registry of protection orders and shall maintain a 30 complete and systematic record and index of all valid 20050H1717B2918 - 28 -
1 temporary and final court orders of protection, court- 2 approved consent agreements and a foreign protection order 3 filed pursuant to section 6104(d) (relating to full faith and 4 credit and foreign protection orders). The Statewide registry 5 shall include, but need not be limited to, the following: 6 (i) The names of the plaintiff and any protected 7 parties. 8 (ii) The name and address of the defendant. 9 (iii) The relationship between the plaintiff and 10 defendant. 11 [(iii)] (iv) The date the order was entered. 12 [(iv)] (v) The date the order expires. 13 [(v)] (vi) The relief granted under sections 14 6108(a)(1), (2), (4), (6) and (7) (relating to relief) 15 and 6110(a) (relating to emergency relief by minor 16 judiciary). 17 [(vi)] (vii) The judicial district in which the 18 order was entered. 19 [(vii)] (viii) Where furnished, the Social Security 20 number and date of birth of the defendant. 21 (ix) Whether or not any or all firearms, other 22 weapons or ammunition were ordered relinquished. 23 (2) The prothonotary shall send, on a form prescribed by 24 the Pennsylvania State Police, a copy of the protection order 25 or approved consent agreement to the Statewide registry of 26 protection orders so that it is received within 24 hours of 27 the entry of the order. Likewise, amendments to or revocation 28 of an order shall be transmitted by the prothonotary within 29 24 hours of the entry of the order for modification or 30 revocation. The Pennsylvania State Police shall enter orders, 20050H1717B2918 - 29 -
1 amendments and revocations in the Statewide registry of 2 protection orders within eight hours of receipt. Vacated or 3 expired orders shall be purged from the registry. 4 (3) The registry of the Pennsylvania State Police shall 5 be available at all times to inform courts, dispatchers and 6 law enforcement officers of any valid protection order 7 involving any defendant. 8 (4) When an order granting relief under section 9 6108(a)(7) has been entered by a court, such information 10 shall be available to the Pennsylvania State Police for the 11 purpose of conducting a criminal history records check in 12 compliance with the applicable provisions of 18 Pa.C.S. Ch. 13 61 Subch. A (relating to Uniform Firearms Act). 14 (5) Information contained in the Statewide registry 15 shall not be subject to access under the act of June 21, 1957 16 (P.L.390, No.212), referred to as the Right-to-Know Law. 17 * * * 18 Section 7. Section 6106(b), (c), (d), (g) and (g.1) of Title 19 23 are amended and the section is amended by adding subsections 20 to read: 21 § 6106. Commencement of proceedings. 22 * * * 23 (a.2) Notification of defendant's occupation.--The plaintiff 24 shall notify the court if the plaintiff has reason to believe 25 that the defendant is a licensed firearms dealer, is employed by 26 a licensed firearms dealer or manufacturer, is employed as a 27 writer, researcher or technician in the firearms or hunting 28 industry or is required to carry a firearm as a condition of 29 employment. 30 (b) [No prepayment of fees.--The petition shall be filed and 20050H1717B2918 - 30 -
1 service shall be made without prepayment of fees.] Plaintiff 2 fees not permitted.--No plaintiff seeking relief under this 3 chapter shall be charged any fees or costs associated with the 4 filing, issuance, registration or service of a petition, motion, 5 complaint, order or any other filing. Prohibited fees or costs 6 shall include, but are not limited to, those associated with 7 modifying, withdrawing, dismissing or certifying copies of a 8 petition, motion, complaint, order or any other filing, as well 9 as any judicial surcharge or computer system fee. No plaintiff 10 seeking relief under this chapter shall be charged any fees or 11 costs associated with filing a motion for reconsideration or an 12 appeal from any order or action taken pursuant to this chapter. 13 Nothing in this subsection is intended to expand or diminish the 14 court's authority to enter an order pursuant to Pa.R.C.P. No. 15 1023.1 (relating to Scope. Signing of Documents. Representations 16 to the Court. Violation). 17 (c) Assessment of fees and costs[.--If the plaintiff 18 prevails in the action] against the defendant.--When an order is 19 granted pursuant to this chapter, fees and costs shall be 20 [assigned to] assessed against the defendant.[, or, should the 21 court determine that the defendant is not able to pay the costs 22 of filing and service, the court shall waive fees and costs. If 23 the plaintiff does not prevail, costs of filing and service may 24 be assigned to the plaintiff or, should the court determine that 25 the plaintiff is not able to pay the costs of filing and 26 service, the] The court shall waive fees and costs[.] upon a 27 showing of good cause or when the court makes a finding that the 28 defendant is not able to pay the costs. Nothing in this 29 subsection is intended to expand or diminish the court's 30 authority to enter an order pursuant to Pa.R.C.P. No. 1023.1. 20050H1717B2918 - 31 -
1 (d) Surcharge on order.--When a protection order is granted 2 under section 6107(a) (relating to hearings), other than 3 pursuant to an agreement of the parties, a surcharge of [$25] 4 $100 shall be assessed against the defendant. All moneys 5 received from surcharges shall [be forwarded to the Commonwealth 6 and shall be used by the Pennsylvania State Police to establish 7 and maintain the Statewide registry of protection orders 8 provided for in section 6105 (relating to responsibilities of 9 law enforcement agencies).] be distributed in the following 10 order of priority: 11 (1) $25 shall be forwarded to the Commonwealth and shall 12 be used by APPROPRIATED TO the Pennsylvania State Police to <-- 13 establish and maintain the Statewide registry of protection 14 orders provided for in section 6105. 15 (2) $50 shall be retained by the county and shall be 16 used to carry out the provisions of this chapter as follows: 17 (i) $25 shall be used by the sheriff. 18 (ii) $25 shall be used by the court. 19 (3) $25 shall be forwarded to the Department of Public 20 Welfare for use for victims of domestic violence in 21 accordance with the provisions of section 2333 of the act of 22 April 9, 1929 (P.L.177, No.175), known as The Administrative 23 Code of 1929. 24 (d.1) Limitation.--The surcharge allocated under subsection 25 (d)(2)(i) (D)(1) and (3) shall be used to supplement and not to <-- 26 supplant any other source of funds received for the purpose of 27 carrying out the provisions of this chapter. 28 * * * 29 (g) Service of petition and orders.--The petition and orders 30 shall be served upon the defendant, and orders shall be served 20050H1717B2918 - 32 -
1 upon the police departments and sheriff with appropriate 2 jurisdiction to enforce the orders. Orders shall be promptly 3 served on the police and sheriff. Failure to serve shall not 4 stay the effect of a valid order. 5 (g.1) Service of original process of a foreign protection 6 order.--[There shall be no prepayment of fees for service of 7 original process of a foreign protection order.] No plaintiff or 8 petitioner shall be charged any costs or fees associated with 9 the service of original process of a foreign protection order. 10 Costs or fees associated with the service of original process of 11 a foreign protection order may be assessed against the 12 defendant. 13 * * * 14 Section 8. Sections 6107(a) and (b) and 6108 of Title 23 are 15 amended to read: 16 § 6107. Hearings. 17 (a) General rule.--Within ten business days of the filing of 18 a petition under this chapter, a hearing shall be held before 19 the court, at which the plaintiff must prove the allegation of 20 abuse by a preponderance of the evidence. The court shall, at 21 the time the defendant is given notice of the hearing, advise 22 the defendant of the right to be represented by counsel, of the 23 possibility that any firearm, other weapon or ammunition owned 24 and any firearm license possessed may be ordered temporarily 25 relinquished, OF THE OPTIONS FOR RELINQUISHMENT OF A FIREARM <-- 26 PURSUANT TO THIS CHAPTER, of the possibility that Federal law 27 may prohibit the possession of firearms, including an 28 explanation of 18 U.S.C. § 922(g)(8) (relating to unlawful acts) 29 and [of the fact] that any protection order granted by a court 30 may be considered in any subsequent proceedings under this 20050H1717B2918 - 33 -
1 title. This notice shall be printed and delivered in a manner 2 which easily attracts attention to its content and shall specify 3 that child custody is one of the proceedings where prior 4 protection orders may be considered. 5 (b) Temporary orders.-- 6 (1) If a plaintiff petitions for temporary order for 7 protection from abuse and alleges immediate and present 8 danger of abuse to the plaintiff or minor children, the court 9 shall conduct an ex parte proceeding. 10 (2) The court may enter such a temporary order as it 11 deems necessary to protect the plaintiff or minor children 12 when it finds they are in immediate and present danger of 13 abuse. The order shall remain in effect until modified or 14 terminated by the court after notice and hearing. [Any order 15 issued under this section shall, where furnished by the 16 plaintiff, specify the Social Security number and date of 17 birth of the defendant.] 18 (3) In addition to any other relief, the court may, 19 pursuant to section 6108 (relating to relief), direct that 20 the defendant temporarily relinquish to the sheriff any 21 firearms, other weapons or ammunition for the duration of the 22 temporary order if the petition demonstrates any of the 23 following: 24 (i) Abuse which involves a firearm or other weapon. 25 (ii) An immediate and present danger of abuse. In 26 determining whether an immediate and present danger of 27 abuse exists, the court shall consider a number of 28 factors, including, but not limited to: 29 (A) Whether the temporary order of protection 30 from abuse is not likely to achieve its purpose in 20050H1717B2918 - 34 -
1 the absence of such a condition. 2 (B) Whether the defendant has previously 3 violated a protection from abuse order. 4 (C) Whether past or present abuse to the 5 plaintiff or any of the plaintiff's minor children 6 resulted in injury. 7 (D) Whether the abuse occurred in public. 8 (E) Whether the abuse includes: 9 (I) threats of abuse or suicide; 10 (II) killing or threatening to kill pets; 11 (III) an escalation of violence; 12 (IV) stalking or obsessive behavior; 13 (V) sexual violence; or 14 (VI) drug or excessive alcohol use. 15 (4) If the court orders the defendant to temporarily <-- 16 relinquish any firearm, other weapon or ammunition pursuant 17 to paragraph (3), section 6108(a)(7) shall apply with respect 18 to any firearm, other weapon or ammunition ordered 19 relinquished. 20 (4) IF THE COURT ORDERS THE DEFENDANT TO TEMPORARILY <-- 21 RELINQUISH ANY FIREARM, OTHER WEAPON OR AMMUNITION PURSUANT 22 TO PARAGRAPH (3), THE DEFENDANT SHALL DECIDE IN WHAT MANNER 23 THE DEFENDANT IS GOING TO RELINQUISH ANY FIREARM, OTHER 24 WEAPON OR AMMUNITION LISTED IN THE ORDER. RELINQUISHMENT MAY 25 BE TO THE SHERIFF PURSUANT TO SECTION 6108(A)(7) OR TO A 26 THIRD PARTY FOR SAFEKEEPING PURSUANT TO SECTION 6108.3 27 (RELATING TO RELINQUISHMENT TO THIRD PARTY FOR SAFEKEEPING). 28 * * * 29 § 6108. Relief. 30 (a) General rule.--The court may grant any protection order 20050H1717B2918 - 35 -
1 or approve any consent agreement to bring about a cessation of 2 abuse of the plaintiff or minor children. The order or agreement 3 may include: 4 (1) Directing the defendant to refrain from abusing the 5 plaintiff or minor children. 6 (2) Granting possession to the plaintiff of the 7 residence or household to the exclusion of the defendant by 8 evicting the defendant or restoring possession to the 9 plaintiff [when] if the residence or household is jointly 10 owned or leased by the parties, is owned or leased by the 11 entireties or is owned or leased solely by the plaintiff. 12 (3) [When] If the defendant has a duty to support the 13 plaintiff or minor children living in the residence or 14 household and the defendant is the sole owner or lessee, 15 granting possession to the plaintiff of the residence or 16 household to the exclusion of the defendant by evicting the 17 defendant or restoring possession to the plaintiff or, with 18 the consent of the plaintiff, ordering the defendant to 19 provide suitable alternate housing. 20 (4) Awarding temporary custody of or establishing 21 temporary visitation rights with regard to minor children. In 22 determining whether to award temporary custody or establish 23 temporary visitation rights pursuant to this paragraph, the 24 court shall consider any risk posed by the defendant to the 25 children, as well as risk to the plaintiff. The following 26 shall apply: 27 (i) A defendant shall not be granted custody, 28 partial custody or unsupervised visitation where it is 29 alleged in the petition, and the court finds after a 30 hearing under this chapter, that the defendant: 20050H1717B2918 - 36 -
1 (A) abused the minor children of the parties or 2 [where the defendant] poses a risk of abuse toward 3 the minor children of the parties; or 4 (B) has been convicted of violating 18 Pa.C.S. § 5 2904 (relating to interference with custody of 6 children) within two calendar years prior to the 7 filing of the petition for protection order[.] or 8 that the defendant poses a risk of violating 18 9 Pa.C.S. § 2904. 10 (ii) Where the court finds after a hearing under 11 this chapter that the defendant has inflicted abuse upon 12 the plaintiff or a child, the court may require 13 supervised custodial access by a third party. The third 14 party must agree to be accountable to the court for 15 supervision and execute an affidavit of accountability. 16 (iii) Where the court finds after a hearing under 17 this chapter that the defendant has inflicted serious 18 abuse upon the plaintiff or a child or poses a risk of 19 abuse toward the plaintiff or a child, the court may <-- 20 award supervised MAY: <-- 21 (A) AWARD SUPERVISED visitation in a secure 22 visitation facility; or <-- 23 (B) [may] deny the defendant custodial access to <-- 24 a child. 25 (iv) If a plaintiff petitions for a temporary order 26 under section 6107(b) (relating to hearings) and the 27 defendant has partial, shared or full custody of the 28 minor children of the parties by order of court or 29 written agreement of the parties, the custody shall not 30 be disturbed or changed unless the court finds that the 20050H1717B2918 - 37 -
1 defendant is likely to inflict abuse upon the children or 2 to remove the children from the jurisdiction of the court 3 prior to the hearing under section 6107(a). Where the 4 defendant has forcibly or fraudulently removed any minor 5 child from the care and custody of a plaintiff, the court 6 shall order the return of the child to the plaintiff 7 unless the child would be endangered by restoration to 8 the plaintiff. 9 (v) Nothing in this paragraph shall bar either party 10 from filing a petition for custody under Chapter 53 11 (relating to custody) or under the Pennsylvania Rules of 12 Civil Procedure. 13 (vi) In order to prevent further abuse during 14 periods of access to the plaintiff and child during the 15 exercise of custodial rights, the court shall consider, 16 and may impose on a custody award, conditions necessary 17 to assure the safety of the plaintiff and minor children 18 from abuse. 19 (5) After a hearing in accordance with section 6107(a), 20 directing the defendant to pay financial support to those 21 persons the defendant has a duty to support, requiring the 22 defendant, under sections 4324 (relating to inclusion of 23 medical support) and 4326 (relating to mandatory inclusion of 24 child medical support), to provide health coverage for the 25 minor child and spouse, directing the defendant to pay all of 26 the unreimbursed medical expenses of a spouse or minor child 27 of the defendant to the provider or to the plaintiff when he 28 or she has paid for the medical treatment, and directing the 29 defendant to make or continue to make rent or mortgage 30 payments on the residence of the plaintiff to the extent that 20050H1717B2918 - 38 -
1 the defendant has a duty to support the plaintiff or other 2 dependent household members. The support order shall be 3 temporary, and any beneficiary of the order must file a 4 complaint for support under the provisions of Chapters 43 5 (relating to support matters generally) and 45 (relating to 6 reciprocal enforcement of support orders) within two weeks of 7 the date of the issuance of the protection order. If a 8 complaint for support is not filed, that portion of the 9 protection order requiring the defendant to pay support is 10 void. When there is a subsequent ruling on a complaint for 11 support, the portion of the protection order requiring the 12 defendant to pay support expires. 13 (6) Prohibiting the defendant from having any contact 14 with the plaintiff or minor children, including, but not 15 limited to, restraining the defendant from entering the place 16 of employment or business or school of the plaintiff or minor 17 children and from harassing the plaintiff or plaintiff's 18 relatives or minor children. 19 (7) Ordering the defendant to temporarily relinquish to 20 the sheriff the defendant's [weapons which] other weapons and 21 ammunition which have been used or been threatened to be used 22 in an incident of abuse against the plaintiff or the minor 23 children and the defendant's firearms and prohibiting the 24 defendant from acquiring or possessing any [other weapons] 25 firearm for the duration of the order and requiring the 26 defendant to relinquish to the sheriff any firearm license, <-- 27 other than a license under 18 Pa.C.S. § 6113 (relating to 28 licensing of dealers), 18 U.S.C. § 923 (relating to 29 licensing) or any other Federal or State license for the 30 sale, manufacture or importation of firearms, ISSUED UNDER <-- 20050H1717B2918 - 39 -
1 SECTION 6108.3 (RELATING TO RELINQUISHMENT TO THIRD PARTY FOR 2 SAFEKEEPING) OR 18 PA.C.S. § 6106 (RELATING TO FIREARMS NOT 3 TO BE CARRIED WITHOUT A LICENSE) OR 6109 (RELATING TO 4 LICENSES) the defendant may possess. [The court's order shall 5 provide for the return of the weapons and any firearm license 6 to the defendant subject to any restrictions and conditions 7 as the court shall deem appropriate to protect the plaintiff 8 or minor children from further abuse through the use of 9 weapons.] A copy of the court's order shall be transmitted to 10 the chief or head of the police force or police department of 11 the municipality and to the sheriff of the county of which 12 the defendant is a resident. When relinquishment is ordered, 13 the following shall apply: 14 (i) (A) The court's order shall require the 15 defendant to relinquish such firearms, other weapons, 16 ammunition and any firearm license pursuant to the 17 provisions of this chapter within 24 hours of service 18 of a temporary order or the entry of a final order or 19 the close of the next business day as necessary by 20 closure of the sheriffs' offices, except for cause 21 shown at the hearing, in which case the court shall 22 specify the time for relinquishment of any or all of 23 the defendant's firearms. 24 (B) A defendant subject to a temporary order 25 requiring the relinquishment of firearms, other 26 weapons or ammunition shall, in lieu of relinquishing 27 specific firearms, other weapons or ammunition which 28 cannot reasonably be retrieved within the time for 29 relinquishment in clause (A) due to their current 30 location, provide the sheriff with an affidavit 20050H1717B2918 - 40 -
1 listing the firearms, other weapons or ammunition and 2 their current location. If the defendant, within the 3 time for relinquishment in clause (A), fails to 4 provide the affidavit or fails to relinquish, 5 pursuant to this chapter, any firearms, other weapons 6 or ammunition ordered to be relinquished which are 7 not specified in the affidavit, the sheriff shall, at 8 a minimum, provide immediate notice to the court, the 9 plaintiff and appropriate law enforcement 10 authorities. The defendant shall not possess any 11 firearms, other weapons or ammunition specifically 12 listed in the affidavit provided to the sheriff 13 pursuant to this clause for the duration of the 14 temporary order. 15 (C) As used in this subparagraph, the term 16 "cause" shall be limited to facts relating to the 17 inability of the defendant to retrieve a specific 18 firearm within 24 hours due to the current location 19 of the firearm. 20 (ii) The court's order shall contain a list of any 21 firearm, other weapon or ammunition ordered relinquished. 22 Except as provided in subparagraph(i)(B), section 6108.2 <-- 23 (relating to relinquishment for consignment sale, lawful 24 transfer or safekeeping) or 6108.3 (relating to 25 relinquishment to third party for safekeeping) the 26 sheriff shall secure custody of all of the defendant's 27 firearms, other weapons or ammunition and any firearm 28 license for the duration of the order or until directed 29 otherwise by court order. UPON THE ENTRY OF A FINAL <-- 30 ORDER, THE DEFENDANT SHALL INFORM THE COURT IN WHAT 20050H1717B2918 - 41 -
1 MANNER THE DEFENDANT IS GOING TO RELINQUISH ANY FIREARM, 2 OTHER WEAPON OR AMMUNITION ORDERED RELINQUISHED. 3 RELINQUISHMENT MAY OCCUR PURSUANT TO SECTION 6108.2 4 (RELATING TO RELINQUISHMENT FOR CONSIGNMENT SALE, LAWFUL 5 TRANSFER OR SAFEKEEPING) OR 6108.3 OR TO THE SHERIFF 6 PURSUANT TO THIS PARAGRAPH. WHERE THE SHERIFF IS 7 DESIGNATED, THE SHERIFF SHALL SECURE CUSTODY OF THE 8 DEFENDANT'S FIREARMS, OTHER WEAPONS OR AMMUNITION AND ANY 9 FIREARM LICENSE LISTED IN THE COURT'S ORDER FOR THE 10 DURATION OF THE ORDER OR UNTIL OTHERWISE DIRECTED BY 11 COURT ORDER. In securing custody of the defendant's 12 relinquished firearms, the sheriff shall comply with 18 13 Pa.C.S. § 6105(f)(4) (relating to persons not to possess, 14 use, manufacture, control, sell or transfer firearms). In 15 securing custody of the defendant's other weapons and 16 ammunition, the sheriff shall provide the defendant with 17 a signed and dated written receipt which shall include a 18 detailed description of the other weapon or ammunition 19 and its condition. 20 (iii) The sheriff shall provide the plaintiff with 21 the name of the person or agency to which any firearm, <-- 22 other weapon or ammunition was relinquished. 23 (iv) Unless the defendant has complied with 24 subparagraph (i)(B) or section 6108.2 or 6108.3, if the 25 defendant fails to relinquish any firearm, other weapon, 26 ammunition or firearm license within 24 hours or upon the 27 close of the next business day due to closure of 28 sheriffs' offices or within the time ordered by the court 29 upon cause being shown at the hearing, the sheriff shall, 30 at a minimum, provide immediate notice to the court, the 20050H1717B2918 - 42 -
1 plaintiff and appropriate law enforcement agencies. 2 (v) Any portion of any order or any petition or 3 other paper which includes a list of any firearm, other 4 weapon or ammunition ordered relinquished shall be kept 5 in the files of the court as a permanent record thereof 6 and withheld from public inspection except: 7 (A) upon an order of the court granted upon 8 cause shown; 9 (B) as necessary, by law enforcement, and court 10 personnel; or 11 (C) after redaction of information listing any 12 firearm, other weapon or ammunition. 13 (vi) As used in this paragraph, the term 14 "defendant's firearms" shall, if the defendant is a 15 licensed firearms dealer, only include firearms in the 16 defendant's personal firearms collection pursuant to 27 17 CFR § 478.125a (relating to personal firearms 18 collection). 19 (7.1) If the defendant is a licensed firearms dealer, 20 ordering the defendant to follow such restrictions as the 21 court may require concerning the conduct of his business, 22 which may include ordering the defendant to relinquish any 23 Federal or State license for the sale, manufacture or 24 importation of firearms as well as firearms in the 25 defendant's business inventory. In restricting the defendant 26 pursuant to this paragraph, the court shall make a reasonable 27 effort to preserve the financial assets of the defendant's 28 business while fulfilling the goals of this chapter. 29 (8) Directing the defendant to pay the plaintiff for 30 reasonable losses suffered as a result of the abuse, 20050H1717B2918 - 43 -
1 including medical, dental, relocation and moving expenses;
2 counseling; loss of earnings or support; costs of repair or
3 replacement of real or personal property damaged, destroyed
4 or taken by the defendant or at the direction of the
5 defendant; and other out-of-pocket losses for injuries
6 sustained. In addition to out-of-pocket losses, the court may
7 direct the defendant to pay reasonable attorney fees. An
8 award under this chapter shall not constitute a bar to
9 litigation for civil damages for injuries sustained from the
10 acts of abuse giving rise to the award or a finding of
11 contempt under this chapter.
12 (9) Directing the defendant to refrain from stalking or
13 harassing the plaintiff and other designated persons as
14 defined in 18 Pa.C.S. §§ 2709 (relating to harassment) and
15 2709.1 (relating to stalking).
16 (10) Granting any other appropriate relief sought by the
17 plaintiff.
18 (b) Identifying information.--Any order issued under this
19 section shall, where furnished by either party, specify the
20 Social Security number and date of birth of the defendant.
21 (c) Mutual orders of protection.--Mutual orders of
22 protection shall not be awarded unless both parties have filed
23 timely written petitions, complied with service requirements
24 under section 6106 (relating to commencement of proceedings) and
25 are eligible for protection under this chapter. The court shall
26 make separate findings and, where issuing orders on behalf of
27 both petitioners, enter separate orders.
28 (d) Duration and amendment of order or agreement.--A
29 protection order or approved consent agreement shall be for a
30 fixed period of time not to exceed [18 months] three years. The
20050H1717B2918 - 44 -
1 court may amend its order or agreement at any time upon 2 subsequent petition filed by either party. 3 (e) Extension of protection orders.-- 4 (1) An extension of a protection order may be granted: 5 (i) Where the court finds, after a duly filed 6 petition, notice to the defendant and a hearing, in 7 accordance with the procedures set forth in sections 6106 8 and 6107, that the defendant committed one or more acts 9 of abuse subsequent to the entry of the final order or 10 that the defendant engaged in a pattern or practice that 11 indicates continued risk of harm to the plaintiff or 12 minor child. 13 (ii) When a contempt petition or charge has been 14 filed with the court or with a hearing officer in 15 Philadelphia County, but the hearing has not occurred 16 before the expiration of the protection order, the order 17 shall be extended, at a minimum, until the disposition of 18 the contempt petition and may be extended for another 19 term beyond the disposition of the contempt petition. 20 (2) Service of an extended order shall be made in 21 accordance with section 6109 (relating to service of orders). 22 (3) There shall be no limitation on the number of 23 extensions that may be granted. 24 (f) Support procedure.--The domestic relations section shall 25 enforce any support award in a protection order where the 26 plaintiff files a complaint for support under subsection (a)(5). 27 (g) Notice.--Notice shall be given to the defendant, in 28 orders issued under this section, stating that violations of an 29 order will subject the defendant to arrest under section 6113 30 (relating to arrest for violation of order) or contempt of court 20050H1717B2918 - 45 -
1 under section 6114 (relating to contempt for violation of order 2 or agreement). Resumption of coresidency on the part of the 3 plaintiff and defendant shall not nullify the provisions of the 4 court order. 5 (h) Title to real property unaffected.--No order or 6 agreement under this chapter shall in any manner affect title to 7 any real property. 8 Section 9. Title 23 is amended by adding sections to read: 9 § 6108.1. Return of relinquished firearms, other weapons and 10 ammunition AND ADDITIONAL RELIEF. <-- 11 (a) General rule.--Any court order requiring the 12 relinquishment of firearms, other weapons or ammunition shall 13 provide for the return of the relinquished firearms, other 14 weapons or ammunition to the defendant upon expiration of the 15 order or dismissal of a petition for a protection from abuse 16 order. The defendant may take custody of the firearms, other 17 weapons and ammunition provided that the defendant is otherwise 18 eligible to lawfully possess the relinquished items. The 19 defendant shall not be required to pay any fees, costs or 20 charges associated with the returns, whether those fees, costs 21 or charges are imposed by the Pennsylvania State Police, any 22 local law enforcement agency or any other entity, including a 23 licensed importer, licensed manufacturer or licensed dealer in 24 order to secure return of the relinquished firearms, other 25 weapons or ammunition. 26 (b) Modification of court's order PROVIDING FOR RETURN OF <-- 27 RELINQUISHED FIREARM, OTHER WEAPON OR AMMUNITION.-- 28 (1) The defendant may petition the court to allow for 29 the return of firearms, other weapons and ammunition to the 30 defendant prior to the expiration of the court's order. The 20050H1717B2918 - 46 -
1 petition shall be served upon the plaintiff and the plaintiff 2 shall be a party to the proceedings regarding that petition. 3 (2) Any other person may petition the court to allow for 4 the return of that other person's firearms, other weapons and 5 ammunition prior to the expiration of the court's order. The 6 petition shall be served upon the plaintiff and the plaintiff 7 shall be given notice and an opportunity to be heard 8 regarding that petition. 9 (c) Sale, lawful transfer or safekeeping of relinquished <-- 10 (C) MODIFICATION OF COURT'S ORDER TO PROVIDE FOR ALTERNATIVE <-- 11 MEANS OF RELINQUISHING firearms, other weapons or ammunition.-- 12 The defendant may petition the court to allow for the sale, <-- 13 lawful transfer or safekeeping of any of the defendant's 14 firearms, other weapons or ammunition relinquished in accordance 15 with this chapter. Any petition or other application for the 16 sale, lawful transfer or safekeeping of firearms, other weapons 17 or ammunition filed prior to the expiration of the court's order 18 shall be served upon the plaintiff, and the plaintiff shall have 19 an opportunity to be heard prior to the issuance of a court 20 order allowing for the sale, lawful transfer or safekeeping of 21 firearms, other weapons or ammunition. Upon court order 22 directing the sale, lawful transfer or safekeeping of a 23 relinquished firearm, other weapons or ammunition the sheriff 24 shall proceed as directed by the court. FOR MODIFICATION OF THE <-- 25 ORDER TO PROVIDE FOR AN ALTERNATIVE MEANS OF RELINQUISHMENT IN 26 ACCORDANCE WITH THIS CHAPTER. THE PETITION SHALL BE SERVED UPON 27 THE PLAINTIFF, AND THE PLAINTIFF SHALL HAVE AN OPPORTUNITY TO BE 28 HEARD AT THE HEARING AS PROVIDED IN SUBSECTION (D). WHERE THE 29 COURT ORDERS A MODIFICATION PURSUANT TO THIS SUBSECTION 30 PROVIDING FOR ALTERNATIVE MEANS OF RELINQUISHMENT, THE SHERIFF 20050H1717B2918 - 47 -
1 SHALL PROCEED AS DIRECTED BY THE COURT. 2 (d) Hearing.--Within ten business days of the filing of any 3 petition under this section, a hearing shall be held before the 4 court. 5 (e) Definitions.--As used in this section, the following 6 words and phrases shall have the meanings given to them in this 7 subsection: 8 "Other person." Any person, except the defendant, who is the 9 lawful owner of a firearm, other weapon or ammunition 10 relinquished pursuant to this chapter. 11 "Safekeeping." The secure custody of a firearm, other weapon 12 or ammunition ordered relinquished by an active protection from 13 abuse order. as authorized pursuant to a court order until such <-- 14 time as the court directs the relinquishment of said firearm, 15 other weapon or ammunition and the person to whom it shall be 16 relinquished. 17 § 6108.2. Relinquishment for consignment sale, lawful transfer 18 or safekeeping. 19 (a) General rule.--Notwithstanding any other provision of 20 law, a defendant who is the subject of a final protection from 21 abuse order, which order provided PROVIDES for the <-- 22 relinquishment of firearms, other weapons or ammunition during 23 the period of time the order is in effect may, within the time 24 frame specified in the order and in lieu of relinquishment to 25 the sheriff, relinquish to a dealer licensed pursuant to 18 26 Pa.C.S. § 6113 (relating to licensing of dealers) any firearms, 27 other weapons or ammunition for consignment sale, lawful 28 transfer or safekeeping. 29 (b) Affidavit.--A defendant relinquishing firearms, other 30 weapons or ammunition to a dealer pursuant to subsection (a) 20050H1717B2918 - 48 -
1 shall obtain an affidavit from the dealer on a form prescribed 2 by the Pennsylvania State Police which shall include, at a 3 minimum, the following: 4 (1) The caption of the case in which the protection from 5 abuse order was issued. 6 (2) The name, address, date of birth and Social Security 7 number of the defendant. 8 (3) A list of the firearms, other weapons or ammunition, 9 including, if applicable, the manufacturer, model and serial 10 number. 11 (4) The name and license number of the dealer licensed 12 pursuant to 18 Pa.C.S. § 6113 and the address of the licensed 13 premises. 14 (5) An acknowledgment that the firearms, other weapons 15 or ammunition will not be returned to the defendant or sold 16 or transferred to a person the dealer knows is a member of 17 the defendant's household, while the defendant is the subject 18 of an active protection from abuse order pursuant to section 19 6108, which order provided PROVIDES for the relinquishment of <-- 20 the firearm, other weapon or ammunition being returned, sold 21 or transferred. 22 (6) An acknowledgment that the firearms, other weapons 23 or ammunition, if sold or transferred, will be sold or 24 lawfully transferred in compliance with 18 Pa.C.S. Ch. 61 25 (relating to firearms and other dangerous articles). 26 (c) Failure to provide affidavit.--A defendant relinquishing 27 firearms, other weapons or ammunition to a dealer pursuant to 28 subsection (a) shall, within the time frame specified in the 29 order for relinquishing firearms, other weapons or ammunition 30 provide to the sheriff the affidavit obtained pursuant to 20050H1717B2918 - 49 -
1 subsection (b) and relinquish to the sheriff any firearms, other 2 weapons or ammunition ordered to be relinquished which are not 3 specified in the affidavit, in an affidavit provided in 4 accordance with section 6108(a)(7)(i)(B) (relating to relief) or 5 in an acknowledgment of receipt from a third party provided to 6 the sheriff pursuant to section 6108.3 (relating to 7 relinquishment to third party for safekeeping). If the defendant 8 fails to comply with this subsection, the sheriff shall, at a 9 minimum, provide immediate notice to the court, the plaintiff 10 and appropriate law enforcement agencies. 11 (d) Form.--The Pennsylvania State Police shall develop and 12 make available a form to be used by dealers to accept possession 13 of firearms, other weapons and ammunition for consignment sale, 14 lawful transfer or safekeeping pursuant to this section. 15 (e) Transfer upon entry of final order.--Upon entry of a 16 final protection from abuse order issued pursuant to section 17 6108, which order provided PROVIDES for the relinquishment of <-- 18 firearms, other weapons or ammunition during the period of time 19 the order is in effect, a defendant who had relinquished 20 firearms, other weapons or ammunition to the sheriff pursuant to 21 a temporary order may request that the firearms, other weapons 22 or ammunition be relinquished to a dealer for consignment sale, 23 lawful transfer or safekeeping pursuant to this section. If the 24 defendant can identify a licensed dealer willing to accept the 25 firearms, other weapons or ammunition in compliance with this 26 section, the court shall order the sheriff to transport the 27 firearms, other weapons or ammunition to the licensed dealer at 28 no cost to the defendant or the licensed dealer. 29 (f) Nondisclosure.--The affidavit obtained under subsection 30 (c) shall not be subject to access under the act of June 21, 20050H1717B2918 - 50 -
1 1957 (P.L.390, No.212), referred to as the Right-to-Know Law. 2 (g) Definitions.--As used in this section, the following 3 words and phrases shall have the meanings given to them in this 4 subsection: 5 "Safekeeping." The secure custody of firearms, other weapons 6 or ammunition ordered relinquished by an active protection from 7 abuse order. issued pursuant to section 6108 (relating to <-- 8 relief) by a dealer licensed pursuant to 18 Pa.C.S. § 6113 9 (relating to licensing of dealers). 10 "Sale or lawful transfer." Any sale or transfer to a person 11 other than the defendant or a member of the defendant's 12 household which is conducted in accordance with 18 Pa.C.S. Ch. 13 61 (relating to firearms and other dangerous articles). 14 § 6108.3. Relinquishment to third party for safekeeping. 15 (a) General rule.--A defendant who is the subject of a 16 protection from abuse order, which order provided PROVIDES for <-- 17 the relinquishment of firearms, other weapons or ammunition 18 during the period of time the order is in effect may, within the 19 time frame specified in the order and in lieu of relinquishment 20 to the sheriff, relinquish any firearms, other weapons or 21 ammunition to a third party for safekeeping. 22 (b) Transfer to third party.-- 23 (1) A defendant wishing to relinquish firearms, other 24 weapons or ammunition to a third party pursuant to subsection 25 (a) shall, within the time frame specified in the order for 26 relinquishing firearms, other weapons and ammunition, report 27 to the sheriff's office in the county where the order was 28 entered along with the third party. 29 (2) Upon determination by the sheriff that the third 30 party is not prohibited from possessing firearms, other 20050H1717B2918 - 51 -
1 weapons or ammunition pursuant to any Federal or State law 2 and after the defendant and third party have executed the 3 affidavits required under paragraph (3), the sheriff shall 4 issue a safekeeping permit to the third party, which shall 5 include, at a minimum, a list of the firearms, other weapons 6 and ammunition which will be relinquished to the third party. 7 The permit shall be issued at no cost to the third party or 8 defendant. The permit shall require the third party to 9 possess the defendant's firearms, other weapons and 10 ammunition until the time that: 11 (i) the sheriff revokes the safekeeping permit 12 pursuant to subsection (c)(1); or 13 (ii) the sheriff accepts return of the safekeeping 14 permit pursuant to subsection (d). 15 (3) (i) A defendant wishing to relinquish firearms, 16 other weapons or ammunition to a third party pursuant to 17 subsection (a) shall, in the presence of the sheriff or 18 the sheriff's designee, execute an affidavit on a form 19 prescribed by the Pennsylvania State Police which shall 20 include, at a minimum, the following: 21 (A) The caption of the case in which the 22 protection from abuse order was issued. 23 (B) The name, address, date of birth and the 24 Social Security number of the defendant. 25 (C) The name, address and date of birth of the 26 third party. 27 (D) A list of the firearms, other weapons and 28 ammunition which will be relinquished to the third 29 party, including, if applicable, the manufacturer, 30 model and serial number. 20050H1717B2918 - 52 -
1 (E) An acknowledgment that the defendant will 2 not take possession of any firearm, other weapon or 3 ammunition relinquished to the third party, until the 4 sheriff accepts return of the safekeeping permit 5 pursuant to subsection (d). 6 (F) A plain language summary of 18 Pa.C.S. § 7 6105(a.1)(2) and (c)(6) (relating to persons not to 8 possess, use, manufacture, control, sell or transfer 9 firearms). 10 (G) A plain language summary of 18 U.S.C. § 11 922(g)(8) (relating to unlawful acts). 12 (ii) A third party who will be accepting possession 13 of firearms, other weapons and ammunition pursuant to 14 subsection (a) shall, in the presence of the sheriff or 15 the sheriff's designee, execute an affidavit on a form 16 prescribed by the Pennsylvania State Police which shall 17 include, at a minimum, the following: 18 (A) The caption of the case in which the 19 protection from abuse order was issued. 20 (B) The name, address and date of birth of the 21 defendant. 22 (C) The name, address, date of birth and the 23 Social Security number of the third party. 24 (D) A list of the firearms, other weapons and 25 ammunition which will be relinquished to the third 26 party, including, if applicable, the manufacturer, 27 model and serial number. 28 (E) An acknowledgment that no firearm, other 29 weapon or ammunition relinquished to the third party 30 will be returned to the defendant, until the sheriff 20050H1717B2918 - 53 -
1 accepts return of the safekeeping permit pursuant to 2 subsection (d). 3 (F) A plain language summary of 18 Pa.C.S. §§ 4 6105(a.1)(5) and (c)(6), 6111(c) (relating to sale or 5 transfer of firearms) and 6115 (relating to loans on, 6 or lending or giving firearms prohibited). 7 (G) A plain language summary of this section. 8 (H) An acknowledgment that the third party is 9 not prohibited from possessing firearms, other 10 weapons or ammunition pursuant to any Federal or 11 State law. 12 (I) An acknowledgment that the third party is 13 not subject to an active protection from abuse order. 14 (J) An acknowledgment that the defendant has 15 never been the subject of a protection from abuse 16 order issued on behalf of the third party. 17 (K) An acknowledgment that any firearms, other 18 weapons and ammunition relinquished to the third 19 party will be stored using a locking device as 20 defined in paragraph (1) of the definition of 21 "locking device" in 18 Pa.C.S. § 6142(f) (relating to 22 locking device for firearms) or in a secure location 23 to which the defendant does not have access. 24 (L) A DETAILED DESCRIPTION OF THE THIRD PARTY <-- 25 LIABILITY PURSUANT TO THIS SECTION RELATING TO CIVIL 26 LIABILITY. 27 (M) AN ACKNOWLEDGMENT THAT THE THIRD PARTY SHALL 28 INFORM THE SHERIFF OF ANY CHANGE OF ADDRESS FOR THE 29 THIRD PARTY WITHIN SEVEN DAYS OF THE CHANGE OF 30 ADDRESS. 20050H1717B2918 - 54 -
1 (4) The defendant shall, within the time frame specified 2 in the order and in lieu of relinquishment to the sheriff, 3 relinquish the firearms, other weapons and ammunition 4 specified in the affidavits provided to the sheriff pursuant 5 to paragraph (3) to the third party who has been issued a 6 safekeeping permit pursuant to paragraph (2). Upon 7 relinquishment of the firearms to the third party, the third 8 party shall sign an acknowledgment of receipt on a form 9 prescribed by the Pennsylvania State Police, which shall 10 include, at a minimum, an acknowledgment that the firearms 11 were relinquished to the third party within the time frame 12 specified in the order. 13 (5) Within 24 hours of the issuance of the safekeeping 14 permit issued to the third party pursuant to paragraph (2) or 15 by close of the next business day as necessary due to the 16 closure of the sheriff's office, the defendant shall return 17 the signed acknowledgment of receipt required under paragraph 18 (4) to the sheriff in the county where the order was entered. 19 (6) If the defendant fails to provide the acknowledgment 20 of receipt to the sheriff as required under paragraph (5), an 21 affidavit prepared in accordance with section 22 6108(a)(7)(i)(B) (relating to relief), an affidavit under 23 section 6108.2 (relating to relinquishment for consignment 24 sale, lawful transfer or safekeeping) or fails to relinquish 25 any firearms, other weapons or ammunition, the sheriff shall, 26 at a minimum, provide immediate notice to the court, the 27 plaintiff and appropriate law enforcement agencies. 28 (c) Revocation of safekeeping permit.-- 29 (1) The sheriff shall revoke a third party's safekeeping 30 permit and require the third party to relinquish to the 20050H1717B2918 - 55 -
1 sheriff any firearms, other weapons or ammunition which were 2 relinquished to the third party by a defendant pursuant to 3 subsection (a) upon determining or being notified that any of 4 the following apply: 5 (i) A protection from abuse order has been entered 6 against the third party. 7 (ii) The third party is prohibited from possessing 8 firearms, other weapons or ammunition pursuant to any 9 Federal or State law. 10 (iii) The defendant has been convicted of a 11 violation of 18 Pa.C.S. Ch. 61 (relating to firearms and 12 other dangerous articles), or any other offense involving 13 the use of a firearm. 14 (iv) The defendant has been held in indirect 15 criminal contempt for violating a provision of the 16 protection from abuse order consistent with section 17 6108(a)(1), (2), (6), (7) or (9) (relating to relief). 18 (2) Upon revocation of a safekeeping permit, the sheriff 19 shall seize the safekeeping permit and all of the defendant's 20 firearms, other weapons and ammunition which were 21 relinquished to the third party. If revocation of the 22 safekeeping permit was: 23 (i) Required pursuant to paragraph (1)(i) or (ii), 24 the sheriff shall notify the defendant that the firearms, 25 other weapons and ammunition which were relinquished to 26 the third party are in the sheriff's possession and that 27 the defendant may report to the sheriff's office in order 28 to relinquish the firearms, other weapons and ammunition 29 to a subsequent third party pursuant to this section or 30 to a licensed dealer pursuant to section 6108.2 (relating <-- 20050H1717B2918 - 56 -
1 to relinquishment for consignment sale, lawful transfer 2 or safekeeping). 3 (ii) Required pursuant to paragraph (1)(iii) or 4 (iv), the sheriff shall maintain possession of the 5 firearms, other weapons and ammunition until the 6 defendant is no longer prohibited from possessing 7 firearms, other weapons and ammunition pursuant to any 8 Federal or State law unless: 9 (A) the defendant has the firearms, other 10 weapons and ammunition relinquished to a licensed 11 dealer pursuant to section 6108.2; or 12 (B) the sheriff is directed to relinquish the 13 firearms, other weapons and ammunition pursuant to a 14 court order. 15 (d) Return of safekeeping permit.-- 16 (1) Following expiration of a protection from abuse 17 order, which order provided for the relinquishment of 18 firearms, other weapons or ammunition, the defendant and the 19 third party shall report to the sheriff's office to return 20 the safekeeping permit. Upon a determination by the sheriff 21 that the defendant is: 22 (i) Not prohibited from possessing firearms, other 23 weapons and ammunition, the sheriff shall accept the 24 return of the safekeeping permit and the third party 25 shall relinquish to the defendant all of the defendant's 26 firearms, other weapons and ammunition which were 27 relinquished to the third party pursuant to this section. 28 (ii) Prohibited from possessing a firearm, other 29 weapon or ammunition pursuant to any Federal or State 30 law, the sheriff shall accept return of the permit and 20050H1717B2918 - 57 -
1 seize from the third party all of the defendant's 2 firearms, other weapons and ammunition, which were 3 relinquished to the third party pursuant to this section. 4 The sheriff shall return to the defendant any firearm, 5 other weapon or ammunition, which the defendant is 6 lawfully entitled to possess. 7 (2) Upon issuance of a court order pursuant to 18 8 Pa.C.S. §§ 6105(f)(2) or 6108.1(b) (relating to return of 9 relinquished firearms, other weapons and ammunition AND <-- 10 ADDITIONAL RELIEF) which modifies a valid protection from 11 abuse order by allowing the defendant to take possession of a 12 firearm, other weapon or ammunition that had previously been 13 ordered relinquished, the defendant and the third party shall 14 report to the sheriff's office to return the safekeeping 15 permit. The sheriff shall proceed as directed by the court 16 order. 17 (3) If a third party wishes to relinquish the 18 defendant's firearms, other weapons and ammunition prior to 19 return of the safekeeping permit pursuant to paragraph (1), 20 the sheriff shall accept return of the safekeeping permit and 21 shall seize all of the defendant's firearms, other weapons 22 and ammunition from the third party. The sheriff shall notify 23 the defendant that the firearms, other weapons and 24 ammunition, which were relinquished to the third party are in 25 the sheriff's possession and that the defendant may 26 relinquish the firearms, other weapons and ammunition to a 27 subsequent third party pursuant to this section or to a 28 licensed dealer pursuant to section 6108.2. 29 (e) Civil liability.--A third party who intentionally or 30 knowingly violates any of the provisions of this section shall, 20050H1717B2918 - 58 -
1 in addition to any other penalty prescribed in this chapter or 2 18 Pa.C.S. Ch. 61 be civilly liable to any person for any 3 damages caused thereby and, in addition, shall be liable to any 4 person for punitive damages in an amount not to exceed $5,000, 5 and the court shall award a prevailing plaintiff a reasonable 6 attorney fee as part of the costs. 7 (f) Forms.--The Pennsylvania State Police shall develop and 8 make available: 9 (1) Forms to be used by sheriffs to issue safekeeping 10 permits pursuant to subsection (b)(2). 11 (2) Affidavit forms and receipt forms to be used by 12 defendants and third parties as required under subsection 13 (b)(3) and (4). 14 (g) Transfer upon final entry.--A defendant who has 15 previously relinquished firearms, other weapons or ammunition to 16 the sheriff pursuant to a temporary order, shall be permitted to 17 have the firearms, other weapons and ammunition relinquished to 18 a third party pursuant to this section following entry of a 19 final protection from abuse order, which order provides for the 20 relinquishment of firearms, other weapons or ammunition during 21 the period of time the order is in effect. 22 (h) Nondisclosure.--All copies of the safekeeping permit 23 issued under subsection (b)(2) retained by the sheriff and the 24 affidavits and forms obtained under subsection (b)(3) and (4) 25 shall not be subject to access under the act of June 21, 1957 26 (P.L.390, No.212), referred to as the Right-to-Know Law. 27 (i) Definitions.--As used in this section, the following 28 words and phrases shall have the meanings given to them in this 29 subsection: 30 "Safekeeping." The secure custody of firearms, other weapons 20050H1717B2918 - 59 -
1 or ammunition, which were ordered relinquished by a valid AN <-- 2 ACTIVE protection from abuse order, by a third party. <-- 3 "Third party." A person, other than the defendant, who: 4 (1) Is not a member of the defendant's household. 5 (2) Is not prohibited from possessing firearms pursuant 6 to any Federal or State law. 7 § 6108.4. Registry or database of firearm ownership. 8 (a) Confidentiality.--Information retained to ensure 9 compliance with this chapter and to document the return of 10 firearms shall not be subject to access under the act of June 11 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know 12 Law. 13 (b) Construction.--Nothing in this chapter shall be 14 construed to allow a government AGENCY or law enforcement <-- 15 agency, or an agent or employee of either, or any other person 16 or entity to create, maintain or operate a database or registry 17 of firearm ownership within this Commonwealth. However, 18 information may be retained to ensure compliance with this 19 chapter and to document the return of firearms. 20 § 6108.5. Penalties for release of information. 21 Any person who violates section 6108(a)(7)(v) (relating to 22 relief) by releasing information with the intent and purpose of 23 committing such violation commits a misdemeanor of the third 24 degree. 25 Section 10. Section 6110 of Title 23 is amended by adding a 26 subsection to read: 27 § 6110. Emergency relief by minor judiciary. 28 * * * 29 (e) Master for emergency relief.--The president judge of a 30 court of common pleas of a judicial district may, WITH THE <-- 20050H1717B2918 - 60 -
1 APPROVAL OF THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS, 2 provide for the selection and appointment of a master for 3 emergency relief on a full-time or part-time basis. The number 4 of masters for emergency relief shall be fixed by the president 5 judge WITH THE APPROVAL OF THE ADMINISTRATIVE OFFICE OF <-- 6 PENNSYLVANIA COURTS. The compensation of a master for emergency 7 relief shall be fixed and paid by the county. 8 Section 11. Sections 6113 and 6113.1 of Title 23, amended <-- 9 November 30, 2004 (P.L.1618, No.207), are amended to read: 10 § 6113. Arrest for violation of order. 11 (a) General rule.--An arrest for violation of an order 12 issued pursuant to this chapter or a foreign protection order 13 may be without warrant upon probable cause whether or not the 14 violation is committed in the presence of the police officer or 15 sheriff in circumstances where the defendant has violated a 16 provision of an order consistent with section 6108(a)(1), (2), 17 (3), (4), (6), (7) or (9) (relating to relief). The police 18 officer or sheriff may verify the existence of a protection 19 order by telephone, radio or other electronic communication with 20 the appropriate police department, Pennsylvania State Police 21 registry, protection order file or issuing authority. A police 22 officer or sheriff shall arrest a defendant for violating an 23 order issued under this chapter by a court within the judicial 24 district, issued by a court in another judicial district within 25 this Commonwealth or a foreign protection order issued by a 26 comparable court. 27 (b) Seizure of [weapons] firearms, other weapons and 28 ammunition.--Subsequent to an arrest, the police officer or 29 sheriff shall seize all [weapons] firearms, other weapons and 30 ammunition used or threatened to be used during the violation of 20050H1717B2918 - 61 -
1 the protection order or during prior incidents of abuse and any 2 other firearms in the defendant's possession. As soon as it is 3 reasonably possible, the arresting officer shall deliver the 4 confiscated [weapons] firearms, other weapons and ammunition to 5 the office of the sheriff. The sheriff shall maintain possession 6 of the [weapons] firearms, other weapons and ammunition until 7 the court issues an order specifying the [weapons] firearms, 8 other weapons and ammunition to be relinquished and the persons 9 to whom the [weapons] firearms, other weapons and ammunition 10 shall be relinquished. 11 (c) Procedure following arrest.--Subsequent to an arrest, 12 the defendant shall be taken by the police officer or sheriff 13 without unnecessary delay before the court in the judicial 14 district where the contempt is alleged to have occurred. When 15 that court is unavailable, the police officer or sheriff shall 16 convey the defendant to a magisterial district judge designated 17 as appropriate by local rules of court or, in the city of 18 Pittsburgh, to a magistrate of the Pittsburgh Magistrates Court 19 or, in counties of the first class, to the appropriate hearing 20 officer. For purposes of procedure relating to arraignments for 21 arrest for violation of an order issued under this chapter, the 22 judges of Pittsburgh Magistrates Court shall be deemed to be 23 magisterial district judges. 24 (d) Preliminary arraignment.--The defendant shall be 25 afforded a preliminary arraignment without unnecessary delay. 26 (e) Other emergency powers unaffected.--This section shall 27 not be construed to in any way limit any of the other powers for 28 emergency relief provided in this chapter. 29 (f) Hearing.--A hearing shall be scheduled within ten days 30 of the filing of the charge or complaint of indirect criminal 20050H1717B2918 - 62 -
1 contempt. The hearing and any adjudication shall not preclude a 2 hearing on other criminal charges underlying the contempt, nor 3 shall a hearing or adjudication on other criminal charges 4 preclude a hearing on a charge of indirect criminal contempt. 5 § 6113.1. Private criminal complaints for violation of order or 6 agreement. 7 (a) General rule.--A plaintiff may file a private criminal 8 complaint against a defendant, alleging indirect criminal 9 contempt for a noneconomic violation of any provision of an 10 order or court-approved consent agreement issued under this 11 chapter or a foreign protection order, with the court, the 12 office of the district attorney or the magisterial district 13 judge in the jurisdiction or county where the violation 14 occurred, except that, in a city of the first class, a complaint 15 may only be filed with the family division of the court of 16 common pleas or the office of the district attorney. 17 (b) Procedure service.--Procedure for filing and service of 18 a private criminal complaint shall be provided as set forth by 19 local rule. No fees or costs associated with the prosecution of 20 the private criminal complaint shall be assigned to the 21 plaintiff at any stage of the proceeding, including, but not 22 limited to, filing, service, failure to prosecute, withdrawal or 23 dismissal. Nothing in this subsection is intended to expand or 24 diminish the court's authority to enter an order pursuant to 25 Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of Documents. 26 Representations to the Court. Violation). 27 (c) Fees and costs.--After a finding of indirect criminal 28 contempt, fees and costs may be assessed against the defendant. 29 The court shall waive fees and costs imposed pursuant to this 30 chapter, upon a showing of good cause or when the court makes a 20050H1717B2918 - 63 -
1 finding that the defendant is not able to pay the costs 2 associated with the indirect criminal contempt action. Nothing 3 in this subsection is intended to expand or diminish the court's 4 authority to enter an order pursuant to Pa.R.C.P. No. 1023.1. 5 Section 12. Sections 6114 and 6117 of Title 23 are amended 6 to read: 7 § 6114. Contempt for violation of order or agreement. 8 (a) General rule.--Where the police, sheriff or the 9 plaintiff have filed charges of indirect criminal contempt 10 against a defendant for violation of a protection order issued 11 under this chapter, a foreign protection order or a court- 12 approved consent agreement, the court may hold the defendant in 13 indirect criminal contempt and punish the defendant in 14 accordance with law. 15 (a.1) Jurisdiction.--A court shall have jurisdiction over 16 indirect criminal contempt charges for violation of a protection 17 order issued pursuant to this chapter [or a foreign protection 18 order] in the county where the violation occurred[.] and in the 19 county where the protection order was granted. A court shall 20 have jurisdiction over indirect criminal contempt charges for 21 violation of a foreign protection order in the county where the 22 violation occurred. 23 (a.2) Minor defendant.--Any defendant who is a minor and who 24 is charged with indirect criminal contempt for allegedly 25 violating a protection from abuse order shall be considered to 26 have committed an alleged delinquent act as that term is defined 27 in 42 Pa.C.S. § 6302 (relating to definitions) and shall be 28 treated as provided in 42 Pa.C.S. Ch. 63 (relating to juvenile 29 matters). 30 (b) Trial and punishment.-- 20050H1717B2918 - 64 -
1 (1) A sentence for contempt under this chapter may 2 include [imprisonment up to six months or a fine of not less 3 than $100 nor more than $1,000, or both, and may include 4 other relief set forth in this chapter. All moneys received 5 under this section shall be forwarded to the Commonwealth and 6 shall be used by the Pennsylvania State Police to establish 7 and maintain the Statewide registry of protection orders 8 provided for in section 6105 (relating to responsibilities of 9 law enforcement agencies). The defendant shall not have a 10 right to a jury trial on such a charge; however, the 11 defendant shall be entitled to counsel.]: 12 (i) (A) a fine of not less than $300 nor more than 13 $1,000 and imprisonment up to six months; or 14 (B) a fine of not less than $300 nor more than 15 $1,000 and supervised probation not to exceed six 16 months; and 17 (ii) an order for other relief set forth in this 18 chapter. 19 (2) All money received under this section shall be 20 distributed in the following order of priority: 21 (i) $100 shall be forwarded to the Commonwealth and 22 shall be used by APPROPRIATED TO the Pennsylvania State <-- 23 Police to establish and maintain the Statewide registry 24 of protection orders provided for in section 6105 25 (relating to responsibilities of law enforcement 26 agencies). 27 (ii) $100 shall be retained by the county and shall 28 be used to carry out the provisions of this chapter as 29 follows: 30 (A) $50 shall be used by the sheriff. 20050H1717B2918 - 65 -
1 (B) $50 shall be used by the court. 2 (iii) $100 shall be forwarded to the Department of 3 Public Welfare for use for victims of domestic violence 4 in accordance with the provisions of section 2333 of the 5 act of April 9, 1929 (P.L.177, No.175), known as The 6 Administrative Code of 1929. 7 (iv) Any additional money shall be forwarded to the 8 Commonwealth and shall be used by the Pennsylvania State 9 Police to establish and maintain the Statewide registry 10 of protection orders provided for in section 6105. 11 (3) The defendant shall not have a right to a jury trial 12 on a charge of indirect criminal contempt. However, the 13 defendant shall be entitled to counsel. 14 (4) Upon conviction for indirect criminal contempt and 15 at the request of the plaintiff, the court shall also grant 16 an extension of the protection order for an additional term. 17 (5) Upon conviction for indirect criminal contempt, the 18 court shall notify the sheriff of the jurisdiction which 19 issued the protection order of the conviction. 20 (6) The minimum fine required by subsection (b)(1) 21 allocated pursuant to subsection (b)(2)(i) and (iii) shall be 22 used to supplement and not to supplant any other source of 23 funds received for the purpose of carrying out the provisions 24 of this chapter. 25 (c) Notification upon release.--The appropriate releasing 26 authority or other official as designated by local rule shall 27 use all reasonable means to notify the victim sufficiently in 28 advance of the release of the offender from any incarceration 29 imposed under subsection (b). Notification shall be required for 30 work release, furlough, medical leave, community service, 20050H1717B2918 - 66 -
1 discharge, escape and recapture. Notification shall include the 2 terms and conditions imposed on any temporary release from 3 custody. The plaintiff must keep the appropriate releasing 4 authority or other official as designated by local rule advised 5 of contact information; failure to do so will constitute waiver 6 of any right to notification under this section. 7 (d) Multiple remedies.--Disposition of a charge of indirect 8 criminal contempt shall not preclude the prosecution of other 9 criminal charges associated with the incident giving rise to the 10 contempt, nor shall disposition of other criminal charges 11 preclude prosecution of indirect criminal contempt associated 12 with the criminal conduct giving rise to the charges. 13 § 6117. Procedure and other remedies. 14 (a) General rule.--Unless otherwise indicated in this 15 chapter, a proceeding under this chapter shall be in accordance 16 with applicable general rules and shall be in addition to any 17 other available civil or criminal remedies. The plaintiff and 18 the defendant may seek modification of an order issued under 19 section 6108 (relating to relief) at any time during the 20 pendency of an order. [Modification] Except as otherwise 21 indicated in this chapter, modification may be ordered after the 22 filing of a petition for modification, service of the petition 23 and a hearing on the petition. 24 (b) Remedies for bad faith.--Notwithstanding any other 25 provision of law, upon finding that an individual commenced a 26 proceeding under this chapter in bad faith, a court shall direct 27 the individual to pay to the defendant actual damages and 28 reasonable attorney fees. Failure to prove an allegation of 29 abuse by a preponderance of the evidence shall not, by itself, 30 result in a finding of bad faith. 20050H1717B2918 - 67 -
1 Section 13. Title 23 is amended by adding sections to read: 2 § 6119. Immunity. 3 (a) General rule.--Law enforcement agencies and their 4 employees, including police officers and sheriffs, shall, except 5 as provided in subsection (b), be immune from civil liability 6 for actions taken in good faith to carry out their duties 7 relating to the seizure and relinquishment of firearms, other 8 weapons and ammunition as provided for in this chapter, except 9 for gross negligence, intentional misconduct or reckless, 10 willful or wanton misconduct. 11 (b) Exception.--Law enforcement agencies and their 12 employees, including police officers and sheriffs, shall be 13 liable to the lawful owner of confiscated, seized or 14 relinquished firearms in accordance with 18 Pa.C.S. § 6105(f) 15 (relating to persons not to possess, use, manufacture, control, 16 sell or transfer firearms) and shall be liable to the lawful 17 owner of confiscated, seized or relinquished other weapons or 18 ammunition for any loss, damage or substantial decrease in the 19 value of the other weapons or ammunition that is a direct result 20 of a lack of reasonable care by the law enforcement agency or 21 its employees. 22 § 6120. Inability to pay. 23 (a) Order for installment payments.--Upon plea and proof 24 that a person is without the financial means to pay a fine, a 25 fee, economic relief ordered under section 6108(a)(8) (relating 26 to relief) or a cost, a court may order payment of money owed in 27 installments appropriate to the circumstances of the person and 28 shall fix the amounts, times and manner of payment. Installment <-- 29 payments shall not exceed two years. 30 (b) Use of credit cards.--The treasurer of each county may 20050H1717B2918 - 68 -
1 allow the use of credit cards and bank cards in the payment of 2 money owed under this chapter. 3 § 6121. Warrantless searches. 4 Except as provided in section 6113 (relating to arrest for 5 violation of order), nothing in this chapter shall authorize a 6 warrantless search for firearms, other weapons or ammunition. 7 § 6122. Construction. 8 Nothing in this chapter shall be construed to preclude an 9 action for wrongful use of civil process pursuant to 42 Pa.C.S. 10 Ch. 83 Subch. E (relating to wrongful use of civil proceedings) 11 or criminal prosecution for a violation of 18 Pa.C.S. Ch. 49 12 (relating to falsification and intimidation). 13 Section 14. The Pennsylvania Commission on Crime and 14 Delinquency shall submit a report to the General Assembly three 15 years after the effective date of this section on the progress 16 of the Firearms License to Carry Modernization Fund ACCOUNT. <-- 17 Section 15. This act shall take effect as follows: 18 (1) The addition or amendment of 18 Pa.C.S. § 6109(e)(3) 19 introductory paragraph, (i), (ii), (v) and (vi) shall take 20 effect in 90 days. 21 (2) The addition or amendment of 18 Pa.C.S. § 22 6109(e)(3)(iii), (iv) and (4) shall take effect upon 23 publication of the notice under 18 Pa.C.S. § 6109(h)(2) or 24 five years and 60 days, whichever is first. 25 (3) This section shall take effect immediately. 26 (4) The remainder of this act shall take effect in 60 <-- 27 180 days. <-- E20L18DMS/20050H1717B2918 - 69 -