H0080B4248A10492 SFL:JSL 10/15/14 #90 A10492

 

 

 

 

AMENDMENTS TO HOUSE BILL NO. 80

Sponsor: SENATOR LEACH

Printer's No. 4248

 

1Amend Bill, page 1, line 1, by striking out "Title" and
2inserting

3 Titles

4Amend Bill, page 1, line 1, by inserting after "Offenses)"

5 and 23 (Domestic Relations)

6Amend Bill, page 1, line 4, by inserting after "metal; "

7in protection from abuse, further providing for relief; in
8firearms and other dangerous articles, further providing for
9limitation on the regulation of firearms and ammunition;

10Amend Bill, page 4, by inserting between lines 2 and 3

11Section 3. Section 6120(a) of Title 18 is amended and the 
12section is amended by adding a subsection to read:

13§ 6120. Limitation on the regulation of firearms and
14ammunition.

15(a) General rule.--[No] Except as provided in subsection 
16(a.2), no county, municipality or township may in any manner
17regulate the lawful ownership, possession, transfer or
18transportation of firearms, ammunition or ammunition components
19when carried or transported for purposes not prohibited by the
20laws of this Commonwealth.

21* * *

22(a.2) If a political subdivision that has enacted an
23ordinance relating to lawful ownership, possession, transfer or
24transportation of firearms, ammunition or ammunition pursuant to
25its general authority granted by 53 Pa.C.S. (relating to
26municipalities) and the municipality prevails in any action it
27is entitled to reasonable expenses associated with the
28litigation to defend the ordinance and damages the court finds
29reasonably necessary.

30* * *

31Section 4. Section 6108(a)(7) and (7.1) of Title 23 are 
32amended and the section is amended by adding a subsection to 
33read:

34§ 6108. Relief.

1(a) General rule.--The court may grant any protection order
2or approve any consent agreement to bring about a cessation of
3abuse of the plaintiff or minor children. The order or agreement
4may include:

5* * *

6[(7) Ordering the defendant to temporarily relinquish to
7the sheriff the defendant's other weapons and ammunition
8which have been used or been threatened to be used in an
9incident of abuse against the plaintiff or the minor children
10and the defendant's firearms and prohibiting the defendant
11from acquiring or possessing any firearm for the duration of
12the order and requiring the defendant to relinquish to the
13sheriff any firearm license issued under section 6108.3
14(relating to relinquishment to third party for safekeeping) 
15or 18 Pa.C.S. § 6106 (relating to firearms not to be carried
16without a license) or § 6109 (relating to licenses) the
17defendant may possess. A copy of the court's order shall be
18transmitted to the chief or head of the police force or
19police department of the municipality and to the sheriff of
20the county of which the defendant is a resident. When
21relinquishment is ordered, the following shall apply:

22(i) (A) The court's order shall require the
23defendant to relinquish such firearms, other weapons,
24ammunition and any firearm license pursuant to the
25provisions of this chapter within 24 hours of service
26of a temporary order or the entry of a final order or
27the close of the next business day as necessary by
28closure of the sheriffs' offices, except for cause
29shown at the hearing, in which case the court shall
30specify the time for relinquishment of any or all of
31the defendant's firearms.

32(B) A defendant subject to a temporary order
33requiring the relinquishment of firearms, other
34weapons or ammunition shall, in lieu of relinquishing
35specific firearms, other weapons or ammunition which
36cannot reasonably be retrieved within the time for
37relinquishment in clause (A) due to their current
38location, provide the sheriff with an affidavit
39listing the firearms, other weapons or ammunition and
40their current location. If the defendant, within the
41time for relinquishment in clause (A), fails to
42provide the affidavit or fails to relinquish,
43pursuant to this chapter, any firearms, other weapons
44or ammunition ordered to be relinquished which are
45not specified in the affidavit, the sheriff shall, at
46a minimum, provide immediate notice to the court, the
47plaintiff and appropriate law enforcement
48authorities. The defendant shall not possess any
49firearms, other weapons or ammunition specifically
50listed in the affidavit provided to the sheriff
51pursuant to this clause for the duration of the

1temporary order.

2(C) As used in this subparagraph, the term
3"cause" shall be limited to facts relating to the
4inability of the defendant to retrieve a specific
5firearm within 24 hours due to the current location
6of the firearm.

7(ii) The court's order shall contain a list of any
8firearm, other weapon or ammunition ordered relinquished.
9Upon the entry of a final order, the defendant shall
10inform the court in what manner the defendant is going to
11relinquish any firearm, other weapon or ammunition
12ordered relinquished. Relinquishment may occur pursuant
13to section 6108.2 (relating to relinquishment for
14consignment sale, lawful transfer or safekeeping) or
156108.3 or to the sheriff pursuant to this paragraph.
16Where the sheriff is designated, the sheriff shall secure
17custody of the defendant's firearms, other weapons or
18ammunition and any firearm license listed in the court's
19order for the duration of the order or until otherwise
20directed by court order. In securing custody of the
21defendant's relinquished firearms, the sheriff shall
22comply with 18 Pa.C.S. § 6105(f)(4) (relating to persons
23not to possess, use, manufacture, control, sell or
24transfer firearms). In securing custody of the
25defendant's other weapons and ammunition, the sheriff
26shall provide the defendant with a signed and dated
27written receipt which shall include a detailed
28description of the other weapon or ammunition and its
29condition.

30(iii) The sheriff shall provide the plaintiff with
31the name of the person to which any firearm, other weapon
32or ammunition was relinquished.

33(iv) Unless the defendant has complied with
34subparagraph (i)(B) or section 6108.2 or 6108.3, if the
35defendant fails to relinquish any firearm, other weapon,
36ammunition or firearm license within 24 hours or upon the
37close of the next business day due to closure of
38sheriffs' offices or within the time ordered by the court
39upon cause being shown at the hearing, the sheriff shall,
40at a minimum, provide immediate notice to the court, the
41plaintiff and appropriate law enforcement agencies.

42(v) Any portion of any order or any petition or
43other paper which includes a list of any firearm, other
44weapon or ammunition ordered relinquished shall be kept
45in the files of the court as a permanent record thereof
46and withheld from public inspection except:

47(A) upon an order of the court granted upon
48cause shown;

49(B) as necessary, by law enforcement and court
50personnel; or

51(C) after redaction of information listing any

1firearm, other weapon or ammunition.

2(vi) As used in this paragraph, the term
3"defendant's firearms" shall, if the defendant is a
4licensed firearms dealer, only include firearms in the
5defendant's personal firearms collection pursuant to 27
6CFR § 478.125a (relating to personal firearms
7collection).

8(7.1) If the defendant is a licensed firearms dealer,
9ordering the defendant to follow such restrictions as the
10court may require concerning the conduct of his business,
11which may include ordering the defendant to relinquish any
12Federal or State license for the sale, manufacture or
13importation of firearms as well as firearms in the
14defendant's business inventory. In restricting the defendant
15pursuant to this paragraph, the court shall make a reasonable
16effort to preserve the financial assets of the defendant's
17business while fulfilling the goals of this chapter.]

18* * *

19(a.1) Relinquishing firearms.--Any protection order or
20consent agreement to bring about a cessation of abuse of the
21plaintiff or minor children under subsection (a) shall include
22all of the following:

23(1) Ordering the defendant to temporarily relinquish to
24the sheriff the defendant's other weapons and ammunition
25which have been used or been threatened to be used in an
26incident of abuse against the plaintiff or the minor children
27and the defendant's firearms and prohibiting the defendant
28from acquiring or possessing any firearm for the duration of
29the order and requiring the defendant to relinquish to the
30sheriff any firearm license issued under section 6108.3
31(relating to relinquishment to third party for safekeeping) 
32or 18 Pa.C.S. § 6106 (relating to firearms not to be carried
33without a license) or 6109 (relating to licenses) the
34defendant may possess. A copy of the court's order shall be
35transmitted to the chief or head of the police force or
36police department of the municipality and to the sheriff of
37the county of which the defendant is a resident. When
38relinquishment is ordered, the following shall apply:

39(i) (A) The court's order shall require the 
40defendant to relinquish such firearms, other weapons, 
41ammunition and any firearm license pursuant to the 
42provisions of this chapter within 24 hours of service 
43of a temporary order or the entry of a final order or 
44the close of the next business day as necessary by 
45closure of the sheriffs' offices, except for cause 
46shown at the hearing, in which case the court shall 
47specify the time for relinquishment of any or all of 
48the defendant's firearms.

49(B) A defendant subject to a temporary order 
50requiring the relinquishment of firearms, other 
51weapons or ammunition shall, in lieu of relinquishing
 

1specific firearms, other weapons or ammunition which 
2cannot reasonably be retrieved within the time for 
3relinquishment in clause (A) due to their current 
4location, provide the sheriff with an affidavit 
5listing the firearms, other weapons or ammunition and 
6their current location. If the defendant, within the 
7time for relinquishment in clause (A), fails to 
8provide the affidavit or fails to relinquish, 
9pursuant to this chapter, any firearms, other weapons 
10or ammunition ordered to be relinquished which are 
11not specified in the affidavit, the sheriff shall, at
12a minimum, provide immediate notice to the court, the 
13plaintiff and appropriate law enforcement 
14authorities. The defendant shall not possess any 
15firearms, other weapons or ammunition specifically 
16listed in the affidavit provided to the sheriff 
17pursuant to this clause for the duration of the 
18temporary order.

19(C) As used in this subparagraph, the term
20"cause" shall be limited to facts relating to the
21inability of the defendant to retrieve a specific
22firearm within 24 hours due to the current location
23of the firearm.

24(ii) The court's order shall contain a list of any 
25firearm, other weapon or ammunition ordered relinquished. 
26Upon the entry of a final order, the defendant shall 
27inform the court in what manner the defendant is going to 
28relinquish any firearm, other weapon or ammunition 
29ordered relinquished. Relinquishment may occur pursuant 
30to section 6108.2 (relating to relinquishment for 
31consignment sale, lawful transfer or safekeeping) or 
326108.3 or to the sheriff pursuant to this paragraph. 
33Where the sheriff is designated, the sheriff shall secure 
34custody of the defendant's firearms, other weapons or 
35ammunition and any firearm license listed in the court's
36order for the duration of the order or until otherwise 
37directed by court order. In securing custody of the 
38defendant's relinquished firearms, the sheriff shall 
39comply with 18 Pa.C.S. § 6105(f)(4) (relating to persons 
40not to possess, use, manufacture, control, sell or 
41transfer firearms). In securing custody of the 
42defendant's other weapons and ammunition, the sheriff 
43shall provide the defendant with a signed and dated 
44written receipt which shall include a detailed 
45description of the other weapon or ammunition and its 
46condition.

47(iii) The sheriff shall provide the plaintiff with
48the name of the person to which any firearm, other weapon
49or ammunition was relinquished.

50(iv) Unless the defendant has complied with 
51subparagraph (i)(B) or section 6108.2 or 6108.3, if the
 

1defendant fails to relinquish any firearm, other weapon, 
2ammunition or firearm license within 24 hours or upon the 
3close of the next business day due to closure of 
4sheriffs' offices or within the time ordered by the court 
5upon cause being shown at the hearing, the sheriff shall, 
6at a minimum, provide immediate notice to the court, the
7plaintiff and appropriate law enforcement agencies.

8(v) Any portion of any order or any petition or
9other paper which includes a list of any firearm, other
10weapon or ammunition ordered relinquished shall be kept
11in the files of the court as a permanent record thereof
12and withheld from public inspection except:

13(A) upon an order of the court granted upon
14cause shown;

15(B) as necessary, by law enforcement and court
16personnel; or

17(C) after redaction of information listing any
18firearm, other weapon or ammunition.

19(vi) As used in this paragraph, the term
20"defendant's firearms" shall, if the defendant is a
21licensed firearms dealer, only include firearms in the
22defendant's personal firearms collection pursuant to 27
23CFR § 478.125a (relating to personal firearms
24collection).

25(2) If the defendant is a licensed firearms dealer,
26ordering the defendant to follow such restrictions as the
27court may require concerning the conduct of his business,
28which may include ordering the defendant to relinquish any
29Federal or State license for the sale, manufacture or
30importation of firearms as well as firearms in the
31defendant's business inventory. In restricting the defendant
32pursuant to this paragraph, the court shall make a reasonable
33effort to preserve the financial assets of the defendant's
34business while fulfilling the goals of this chapter.

35* * *

36Section 5. Any statute that impairs the authority of a
37municipality to enact an ordinance that pursuant to 53 Pa.C.S.,
38or any other statute, shall not apply to an ordinance adopted by
39a municipality prior to the effective date of this section and
40such an ordinance shall continue in full force and effect.

41Amend Bill, page 4, line 3, by striking out "3" and inserting

42 6

 

See A10492 in
the context
of HB0080