H1845B2516A06348 DMS:JB 03/17/08 #90 A06348
AMENDMENTS TO HOUSE BILL NO. 1845
Sponsor: REPRESENTATIVE METCALFE
Printer's No. 2516
1 Amend Title, page 1, line 2, by striking out "further
2 providing" and inserting
3 in firearms and other dangerous articles, further
4 providing for licenses for carrying a firearm,
5 Amend Bill, page 1, lines 7 and 8, by striking out all of
6 said lines and inserting
7 Section 1. Section 6109 of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended by adding a subsection to read:
9 § 6109. Licenses.
10 * * *
11 (m.1) Temporary emergency licenses.--
12 (1) A person seeking a temporary emergency license to
13 carry a concealed firearm shall submit to the sheriff of the
14 county in which the person resides all of the following:
15 (i) Evidence of imminent danger to the person or
16 member of the person's family.
17 (ii) A sworn affidavit that contains the information
18 required on an application for a license to carry a
19 firearm and attesting that the person is 21 years of age
20 or older, is not prohibited from owning firearms under
21 section 6105 (relating to persons not to possess, use,
22 manufacture, control, sell or transfer firearms) or any
23 other Federal or State law and is not currently subject
24 to a protection from abuse order or a protection order
25 issued by a court of another state.
26 (iii) A temporary emergency license fee established
27 by the Commissioner of the Pennsylvania State Police for
28 an amount that does not exceed the actual cost of
29 conducting the criminal background check or $10,
30 whichever is less.
31 (2) Upon receipt of the items required under paragraph
32 (1), the sheriff immediately shall conduct a criminal
33 history, juvenile delinquency and mental health record check
34 of the applicant. Immediately upon receipt of the results of
35 the records check, the sheriff shall review the information
36 and shall determine whether the applicant meets the criteria
37 set forth in this section. If the sheriff determines, to the
38 best of the sheriff's ability, that the applicant has met all
39 of the criteria, the sheriff shall immediately issue the
1 applicant a temporary emergency license to carry a concealed
2 firearm.
3 (3) If the sheriff refuses to issue a temporary
4 emergency license, the sheriff shall specify the grounds for
5 the denial in a written notice to the applicant. The
6 applicant may appeal the denial or challenge criminal records
7 check results that were the basis of the denial, if
8 applicable, in the same manner as a denial of a license to
9 carry a firearm under this section.
10 (4) A temporary emergency license issued under this
11 subsection shall be valid for 90 days and may not be renewed.
12 A person who has been issued a temporary emergency license
13 under this subsection shall not be issued another temporary
14 emergency license unless at least four years have expired
15 since the issuance of the prior temporary emergency license.
16 (5) A person who holds a temporary emergency license to
17 carry a firearm shall have the same rights to carry a firearm
18 as a person issued a license to carry a firearm under this
19 section. A licensee under this subsection shall be subject to
20 all other duties, restrictions and penalties under this
21 section.
22 (6) A sheriff who issues a temporary emergency license
23 to carry a firearm shall retain, for the entire period during
24 which the temporary emergency license is in effect, the
25 evidence of imminent danger that the applicant submitted to
26 the sheriff that was the basis for the license, or a copy of
27 the evidence, as appropriate.
28 (7) The application for a temporary emergency license to
29 carry a firearm shall be uniform throughout this Commonwealth
30 and shall be on a form prescribed by the Pennsylvania State
31 Police.
32 (8) As used in this subsection, the term "evidence of
33 imminent danger" means a written document prepared by a
34 governmental entity or public official describing the facts
35 that give a person reasonable cause to fear a criminal attack
36 upon the person or a member of the person's family that would
37 justify a prudent person to carry a firearm. Written
38 documents of this nature include, but are not limited to, any
39 temporary or final protection from abuse order or protection
40 order issued by another state.
41 * * *
42 Section 2. Sections 6110.2 and 6117 of Title 18 are amended
43 to read:
44 Amend Sec. 2, page 2, line 24, by striking out "2" and
45 inserting
46 3
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