PRINTER'S NO. 2182
No. 1775 Session of 1999
INTRODUCED BY CARN, EVANS, THOMAS, BEBKO-JONES, HERSHEY,
PRESTON, LEDERER, YOUNGBLOOD, CORRIGAN, MICHLOVIC, RAMOS,
ROBINSON, M. COHEN, L. I. COHEN, MELIO, WILLIAMS, CURRY,
JOSEPHS, STETLER AND ROONEY, JULY 7, 1999
REFERRED TO COMMITTEE ON JUDICIARY, JULY 7, 1999
AN ACT
1 Establishing the Child Firearm Safety Lock Act.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short title.
5 This act shall be known and may be cited as the Child Firearm
6 Safety Lock Act.
7 Section 2. Purposes.
8 The purposes of this act are as follows:
9 (1) To promote the safe storage and use of handguns by
10 consumers.
11 (2) To prevent unauthorized persons from gaining access
12 to or use of a handgun, including children who may not be in
13 possession of a handgun.
14 (3) To avoid hindering industry from supplying law-
15 abiding citizens firearms for all lawful purposes, including
16 hunting, self-defense, collecting and competitive or
1 recreational shooting.
2 Section 3. Definitions.
3 As used in this act, the following words and phrases shall
4 have the meanings given to them in this section:
5 "Licensee." Any licensed manufacturer, importer or dealer of
6 firearms.
7 "Locking device." A device that, if installed on a firearm
8 and secured by means of a key or a mechanically, electronically
9 or electromechanically operated combination lock, prevents the
10 firearm from being discharged without first deactivating or
11 removing the device or a locking mechanism incorporated into the
12 design of a firearm that prevents discharge of the firearm by
13 any person who does not have access to the key or other device
14 designed to unlock the mechanism.
15 Section 4. Locking device for firearms.
16 It shall be unlawful for any licensee to sell, deliver or
17 transfer any firearm to any person other than another licensee
18 unless the transferee is provided with or purchases a locking
19 device for that firearm.
20 Section 5. Exceptions.
21 The following firearms are not subject to the provisions of
22 this act:
23 (1) Firearms for transfer to or possession by any law
24 enforcement officer employed by any Federal, State or local
25 government entity or rail police employed and certified by a
26 rail carrier as a police officer whether on or off duty.
27 (2) Firearms for transfer to any person if the firearm
28 qualifies as an antique firearm under 18 Pa.C.S. § 6118
29 (relating to antique firearms).
30 (3) Firearms for transfer to any person of a firearm for
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1 which a safety device is temporarily unavailable, provided
2 that the licensed manufacturer, licensed importer or licensed
3 dealer delivers to the transferee within 14 calendar days
4 from the date of the delivery of the firearm to the
5 transferee a safety device for the firearm.
6 Section 6. Penalties.
7 Failure to comply with the provisions of this act may result
8 in:
9 (1) Suspension or revocation of any license issued to a
10 licensee.
11 (2) A civil penalty for any licensee in an amount equal
12 to but not more than $10,000.
13 Section 7. Civil immunity.
14 A person who has lawful possession and control of a firearm
15 and who uses a safety device with the firearm shall be entitled
16 to immunity from civil liability for damages resulting from the
17 criminal or unlawful misuse of the firearm by a third party if:
18 (1) the firearm was accessed by another person who did
19 not have the permission or authorization of the person having
20 lawful possession and control of the firearm to have access
21 to it; and
22 (2) at the time access was gained by the person not so
23 authorized, the firearm had been made inoperable by use of a
24 safety device.
25 Section 8. Effective date
26 This act shall take effect in 60 days.
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