PRINTER'S NO. 536
No. 486 Session of 1987
INTRODUCED BY GODSHALL, TRELLO, HAYES, KUKOVICH, NOYE,
PRESSMANN, SCHEETZ, TIGUE, BIRMELIN, DISTLER, OLASZ, HERMAN,
KENNEY, STABACK, McVERRY, FOX, F. TAYLOR, CALTAGIRONE,
KASUNIC, PITTS, STEIGHNER, WOGAN, CLYMER, BELFANTI, HONAMAN,
CLARK, YANDRISEVITS, J. TAYLOR, RAYMOND, D. W. SNYDER,
McCALL, MERRY, LaGROTTA, BALDWIN, GLADECK, LESCOVITZ, SWEET,
LANGTRY, HASAY, BOWSER, LEH, WOZNIAK, G. SNYDER, LUCYK,
KOSINSKI, STUBAN, CESSAR, SHOWERS, COWELL, PETRONE, HESS,
DORR, McHALE, BOOK, O'BRIEN, RUDY, DAWIDA, VEON, VROON,
MORRIS, BURD, BUNT, FARGO, BUSH, MRKONIC, BOYES, GEORGE,
HALUSKA, PERZEL, BLAUM, SEMMEL, SCHULER, CARLSON, LLOYD, COY,
CAPPABIANCA AND JADLOWIEC, MARCH 2, 1987
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 2, 1987
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for firearms
3 licensing.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 6102 and 6109 of Title 18 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 6102. Definitions.
9 Subject to additional definitions contained in subsequent
10 provisions of this subchapter which are applicable to specific
11 provisions of this subchapter, the following words and phrases,
12 when used in this subchapter shall have, unless the context
13 clearly indicates otherwise, the meanings given to them in this
1 section:
2 "Firearm." Any pistol or revolver with a barrel less than 12
3 inches, any shotgun with a barrel less than [24] 18 inches, or
4 any rifle with a barrel less than [15] 16 inches, or any rifle
5 or shotgun with an overall length of less than 26 inches. The
6 barrel length of a firearm shall be determined by measuring from
7 the muzzle of the barrel to the face of the closed action, bolt
8 or cylinder, whichever is applicable.
9 "Crime of violence." Any of the following crimes, or an
10 attempt to commit any of the same, namely: murder, voluntary
11 manslaughter, rape, aggravated assault, robbery, burglary,
12 [entering a building with intent to commit a crime therein,]
13 involuntary deviate sexual intercourse, arson, terroristic
14 threats, riot, crimes committed with a firearm, sale or lease of
15 weapons or explosives and kidnapping.
16 § 6109. Licenses.
17 [(a) Issue of license.--The chief or head of any police
18 force or police department of a city, and, elsewhere, the
19 sheriff of a county, may, upon the application of any person,
20 issue a license to such person to carry a firearm in a vehicle
21 or concealed on or about his person within this Commonwealth for
22 not more than five years from date of issue, if it appears that
23 the applicant has good reason to fear an injury to his person or
24 property, or has any other proper reason for carrying a firearm,
25 and that he is a suitable person to be so licensed.
26 (b) Form of license.--The license shall be in triplicate, in
27 form to be prescribed by the Pennsylvania State Police, and
28 shall bear the name, address, description, and signature of the
29 licensee and the reason given for desiring a license. The
30 original thereof shall be delivered to the licensee, the
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1 duplicate shall, within seven days, be sent by registered or
2 certified mail to the Commissioner of the Pennsylvania State
3 Police, and the triplicate shall be preserved for six years by
4 the authority issuing said license.
5 (c) Fee.--The fee for issuing such license shall be $2.50,
6 which fee shall be paid into the county treasury.
7 (d) Revocation.--Any such license to carry firearms may be
8 revoked by the person issuing the same. Notice of revocation
9 shall be in writing and shall state the reason therefor. Said
10 notice shall be sent by certified mail, and, at that time, a
11 copy shall be forwarded to the Commissioner of the Pennsylvania
12 State Police.]
13 (a) Application.--A person who is 18 years of age or older
14 desiring a license to carry a firearm shall make application to
15 the sheriff of the county in which he resides or, if he is a
16 resident of another state and has a regular place of business or
17 employment in this Commonwealth, to the sheriff of the county in
18 which he has a regular place of business or employment.
19 (b) Contents of application.--The sheriff to whom the
20 application is made shall ascertain concerning the applicant his
21 name, full address, previous address if applying for a change of
22 address, county of residence, previous county of residence if
23 applying for a change of address, criminal record of convictions
24 (minor traffic offenses excepted), age, race, sex, date of
25 birth, citizenship, height, weight, color of hair, color of
26 eyes, whether or not the applicant has previously held a
27 Pennsylvania license to carry a firearm, whether or not his
28 license has ever been suspended or revoked and, if so, the year
29 and reason for the suspension or revocation.
30 (c) Out-of-State applicant.--In a case where the applicant
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1 is a resident of another state, the applicant must, in addition
2 to the information provided in subsection (b), include the
3 applicant's state of residence, occupation, place of business or
4 employment and a copy of a license to carry a firearm from the
5 applicant's state of residence. A license for a resident of
6 another state to carry a firearm shall be valid for a period of
7 one year unless sooner suspended or revoked and may be renewed
8 by the applicant in the same way as the initial license was
9 applied for.
10 (d) Sheriff to conduct investigation.--The sheriff to whom
11 the application is made shall conduct an investigation into the
12 applicant's official records and verify thereby the applicant's
13 character and reputation and whether or not the applicant has
14 ever been convicted of a felony or crime of violence, and shall,
15 in addition, verify for accuracy the information contained in
16 the application and forward this information, together with his
17 recommendation for approval or disapproval, to the Commissioner
18 of the Pennsylvania State Police, who may make whatever further
19 investigation is deemed necessary and may make a report to the
20 sheriff. If it appears to the sheriff that the applicant is of
21 good character and reputation and that the applicant is a person
22 concerning whom no good cause exists to deny the license, the
23 sheriff shall issue to the applicant a license to carry any
24 firearm anywhere in this Commonwealth. If the application is
25 approved, the original license shall be delivered immediately to
26 the licensee; a copy shall be retained by the sheriff to whom
27 the application for license was made and a copy shall be
28 delivered by the sheriff, within seven days, to the commissioner
29 by registered mail.
30 (e) Disapproved applications.--Whenever the application is
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1 disapproved, the sheriff to whom the application is made shall
2 provide the Commissioner of the Pennsylvania State Police and
3 the applicant with complete and specific reasons, in writing,
4 for the disapproval.
5 (f) Action upon application, fee and revocation.--Every
6 initial application for a license to carry a firearm as provided
7 by this subchapter shall be granted or denied within 30 days
8 after the application is filed. A license to carry a firearm
9 shall be issued for the purpose of carrying a firearm concealed
10 on or about a person or in any vehicle and shall be valid for
11 five years unless suspended or revoked. The fee for a license
12 shall be payable to the county treasury upon issue and shall be
13 $7.50. In addition, the licensee shall pay the sheriff an
14 administrative fee of $5 for the issuance of the license. A
15 license to carry a firearm may be suspended or revoked by the
16 sheriff or the Commissioner of the Pennsylvania State Police
17 when the sheriff or commissioner has good cause to believe that
18 the licensee is not qualified to be so licensed or when the
19 licensee has failed to comply with this section. Notice of
20 suspension or revocation shall be in writing and shall state the
21 reason for suspension or revocation. Notice shall be sent by
22 certified mail, and a copy shall be forwarded to the
23 commissioner. The sheriff or the commissioner shall provide the
24 licensee with complete and specific reasons, in writing, for the
25 suspension or revocation. Failure of a licensee to promptly
26 surrender the license upon written notice of suspension or
27 revocation is unlawful.
28 (g) Applications and licenses to be uniform.--The license
29 and application for a license to carry a firearm shall be
30 uniform throughout this Commonwealth and shall be prescribed by
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1 the Commissioner of the Pennsylvania State Police. The
2 application form shall provide space to enter only the
3 information specified in subsections (b) and (c) and shall be
4 made available upon request. The license shall bear the name,
5 address, date of birth, description of applicant, period of
6 validation, signature of the licensee and name of the sheriff
7 who issues the license. The information on the license shall be
8 kept current. Changes are to be reported to the Pennsylvania
9 State Police within 30 days.
10 (h) Licenses not to be issued to certain persons.--A license
11 to carry a firearm, a rifle or a shotgun shall not be issued to
12 any person who has been convicted in any court of a felony under
13 the act of April 14, 1972 (P.L.233, No.64), known as The
14 Controlled Substance, Drug, Device and Cosmetic Act, or a crime
15 of violence or has been committed to an institution as a
16 narcotics addict or as a mental patient by any court, except
17 where the applicant has received relief from disabilities in
18 accordance with this subchapter.
19 (i) Sheriff to be immune from liability.--If a sheriff
20 complies with this section, the sheriff shall be immune from any
21 liability resulting or arising from the actions or misconduct
22 with a firearm committed by any individual to whom a license has
23 been issued.
24 Section 2. Title 18 is amended by adding a section to read:
25 § 6122. Waiver of disability or pardons.
26 (a) General rule.--A person who is denied a license under
27 section 6109(h) (relating to licenses) may make application to
28 the court of common pleas of the judicial district where the
29 principal residence of the applicant is situated for relief from
30 the disability imposed by this section upon the ownership,
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1 possession or control of a rifle or shotgun, other than a rifle
2 or shotgun that is a firearm. The court shall grant relief if it
3 determines that all of the following conditions are met:
4 (1) The Secretary of the Treasury of the United States
5 has relieved the applicant of an applicable disability
6 imposed by Federal law upon the possession, ownership or
7 control of a rifle or shotgun as a result of the applicant's
8 prior conviction.
9 (2) A period of ten years has elapsed since the most
10 recent conviction of the applicant of a crime of violence or
11 a felony under the act of April 14, 1972 (P.L.233, No.64),
12 known as The Controlled Substance, Drug, Device and Cosmetic
13 Act.
14 (3) A period of five years has elapsed since the
15 applicant has completed his most recent term of imprisonment,
16 if any, for a crime other than a summary offense.
17 (b) Proceedings.--If a person makes application to the court
18 under this section, a hearing shall be held in open court to
19 determine whether the requirements of this section have been
20 met. The Commissioner of the Pennsylvania State Police and the
21 district attorney of the county where the application is filed
22 shall be parties to the proceeding.
23 (c) Exception.--Nothing in this section shall exempt an
24 applicant from a disability upon the ownership, possession or
25 control of a rifle or shotgun which is imposed as a condition of
26 probation or parole or which is imposed under a provision of law
27 other than this section.
28 Section 3. This act shall take effect in 60 days.
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