HOUSE AMENDED
        PRIOR PRINTER'S NO. 255                       PRINTER'S NO. 2513

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 245 Session of 1987


        INTRODUCED BY ROSS, O'PAKE, ROMANELLI, GREENWOOD, MUSTO, PECORA,
           REIBMAN, MELLOW, WENGER, KELLEY, SALVATORE AND RHOADES,
           FEBRUARY 3, 1987

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           NOVEMBER 16, 1988

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, FURTHER PROVIDING FOR GRADING OF        <--
     3     SIMPLE ASSAULT AND FOR ENDANGERING WELFARE OF CHILDREN;
     4     further providing for the definition of contraband given to
     5     confined persons AND FOR LICENSE TO CARRY A FIREARM;           <--
     6     PROVIDING FOR A SPORTSMAN'S FIREARM PERMIT; FURTHER
     7     PROHIBITING SEXUAL ABUSE OF CHILDREN; AND FURTHER PROHIBITING
     8     THE POSSESSION OF DEPICTIONS OF PROHIBITED SEXUAL ACTS.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Section 5123(a) SECTIONS 2701(B), 4304, 5123(A),   <--
    12  6102, 6106(B)(4) AND (C), 6109, 6116, 6120 of Title 18 of the
    13  Pennsylvania Consolidated Statutes is ARE amended to read:        <--
    14  § 2701.  SIMPLE ASSAULT.                                          <--
    15     * * *
    16     (B)  GRADING.--SIMPLE ASSAULT IS A MISDEMEANOR OF THE SECOND
    17  DEGREE UNLESS COMMITTED:
    18         (1)  IN A FIGHT OR SCUFFLE ENTERED INTO BY MUTUAL
    19     CONSENT, IN WHICH CASE IT IS A MISDEMEANOR OF THE THIRD


     1     DEGREE;
     2         (2)  AGAINST A CHILD UNDER 12 YEARS OF AGE BY AN ADULT 21
     3     YEARS OF AGE OR OLDER, IN WHICH CASE IT IS A MISDEMEANOR OF
     4     THE FIRST DEGREE.
     5  § 4304.  ENDANGERING WELFARE OF CHILDREN.
     6     A PARENT, GUARDIAN, OR OTHER PERSON SUPERVISING THE WELFARE
     7  OF A CHILD UNDER 18 YEARS OF AGE COMMITS A MISDEMEANOR OF THE
     8  [SECOND] FIRST DEGREE IF HE KNOWINGLY ENDANGERS THE WELFARE OF
     9  THE CHILD BY VIOLATING A DUTY OF CARE, PROTECTION OR SUPPORT.
    10  § 5123.  Contraband.
    11     (a)  Contraband to confined persons prohibited.--A person
    12  commits a misdemeanor of the first degree if he sells, gives, or
    13  furnishes to any convict in a prison, or inmate in a mental
    14  hospital, or gives away in, or brings into any prison, mental
    15  hospital, or any building appurtenant thereto, or on the land
    16  granted to or owned or leased by the Commonwealth or county for
    17  the use and benefit of the prisoners or inmates, or puts in any
    18  place where it may be secured by a convict of a prison, inmate
    19  of a mental hospital, or employee thereof, any kind of
    20  spirituous or fermented liquor, drug, medicine[,] or poison[,
    21  opium, morphine, or other kind of narcotics,] or any controlled
    22  substance included in Schedules I through V of the act of April
    23  14, 1972 (P.L.233, No.64), known as The Controlled Substance,
    24  Drug, Device and Cosmetic Act, (except the ordinary hospital
    25  supply of the prison or mental hospital) without a written
    26  permit signed by the physician of such institution, specifying
    27  the quantity and quality of the liquor or [narcotic] substance
    28  which may be furnished to any convict, inmate, or employee in
    29  the prison or mental hospital, the name of the prisoner, inmate,
    30  or employee for whom, and the time when the same may be
    19870S0245B2513                  - 2 -

     1  furnished, which permit shall be delivered to and kept by the
     2  warden or superintendent of the prison or mental hospital.
     3     * * *
     4     Section 2.  This act shall take effect in 60 days.             <--
     5  § 6102.  DEFINITIONS.                                             <--
     6     SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
     7  PROVISIONS OF THIS SUBCHAPTER WHICH ARE APPLICABLE TO SPECIFIC
     8  PROVISIONS OF THIS SUBCHAPTER, THE FOLLOWING WORDS AND PHRASES,
     9  WHEN USED IN THIS SUBCHAPTER SHALL HAVE, UNLESS THE CONTEXT
    10  CLEARLY INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS
    11  SECTION:
    12     ["FIREARM."  ANY PISTOL OR REVOLVER WITH A BARREL LESS THAN
    13  12 INCHES, ANY SHOTGUN WITH A BARREL LESS THAN 24 INCHES, OR ANY
    14  RIFLE WITH A BARREL LESS THAN 15 INCHES.]
    15     "COMMISSIONER."  THE COMMISSIONER OF THE PENNSYLVANIA STATE
    16  POLICE.
    17     "CONVICTION."  A CONVICTION AS DETERMINED BY THE LAW OF THE
    18  JURISDICTION IN WHICH THE PROSECUTION WAS HELD. THE TERM DOES
    19  NOT INCLUDE A CONVICTION WHICH HAS BEEN EXPUNGED OR OVERTURNED
    20  OR FOR WHICH AN INDIVIDUAL HAS BEEN PARDONED UNLESS THE PARDON
    21  EXPRESSLY PROVIDES THAT THE INDIVIDUAL MAY NOT POSSESS OR
    22  TRANSPORT FIREARMS.
    23     "COUNTY TREASURER."  THE COUNTY TREASURER OR, IN HOME RULE OR
    24  OPTIONAL PLAN COUNTIES, THE PERSON WHOSE DUTIES ENCOMPASS THOSE
    25  OF A COUNTY TREASURER.
    26     "CRIME OF VIOLENCE."  ANY OF THE FOLLOWING CRIMES, OR AN
    27  ATTEMPT, A SOLICITATION OR A CONSPIRACY TO COMMIT ANY OF THE
    28  SAME, NAMELY: MURDER, VOLUNTARY MANSLAUGHTER, RAPE, AGGRAVATED
    29  ASSAULT, ROBBERY, BURGLARY, [ENTERING A BUILDING WITH INTENT TO
    30  COMMIT A CRIME THEREIN,] INVOLUNTARY DEVIATE SEXUAL INTERCOURSE,
    19870S0245B2513                  - 3 -

     1  ARSON, EXTORTION ACCOMPANIED BY THREATS OF VIOLENCE, ASSAULT BY
     2  PRISONER, ASSAULT BY LIFE PRISONER AND KIDNAPPING.
     3     "CRIME PUNISHABLE BY IMPRISONMENT EXCEEDING ONE YEAR."  DOES
     4  NOT INCLUDE ANY OF THE FOLLOWING:
     5         (1)  FEDERAL OR STATE OFFENSES PERTAINING TO ANTITRUST,
     6     UNFAIR TRADE PRACTICES, RESTRAINTS OF TRADE OR REGULATION OF
     7     BUSINESS.
     8         (2)  STATE OFFENSES CLASSIFIED AS MISDEMEANORS AND
     9     PUNISHABLE BY A TERM OF IMPRISONMENT NOT TO EXCEED TWO YEARS.
    10     "FIREARM."  ANY PISTOL OR REVOLVER WITH A BARREL LESS THAN 15
    11  INCHES, ANY SHOTGUN WITH A BARREL LESS THAN 18 INCHES, OR ANY
    12  RIFLE WITH A BARREL LESS THAN 16 INCHES, OR ANY PISTOL,
    13  REVOLVER, RIFLE OR SHOTGUN WITH AN OVERALL LENGTH OF LESS THAN
    14  26 INCHES. THE BARREL LENGTH OF A FIREARM SHALL BE DETERMINED BY
    15  MEASURING FROM THE MUZZLE OF THE BARREL TO THE FACE OF THE
    16  CLOSED ACTION, BOLT OR CYLINDER, WHICHEVER IS APPLICABLE.
    17     "SHERIFF."
    18         (1)  EXCEPT AS PROVIDED IN PARAGRAPH (2), THE SHERIFF OF
    19     THE COUNTY.
    20         (2)  IN A CITY OF THE FIRST CLASS, THE CHIEF OR HEAD OF
    21     THE POLICE DEPARTMENT.
    22  § 6106.  FIREARMS NOT TO BE CARRIED WITHOUT A LICENSE.
    23     * * *
    24     (B)  EXCEPTIONS.--THE PROVISIONS OF SUBSECTION (A) SHALL NOT
    25  APPLY TO:
    26         * * *
    27         (4)  [THE MEMBERS OF ANY ORGANIZATION INCORPORATED UNDER
    28     THE LAWS OF THIS COMMONWEALTH,] ANY PERSONS ENGAGED IN TARGET
    29     SHOOTING WITH RIFLE, PISTOL, OR REVOLVER, IF SUCH [MEMBERS]
    30     PERSONS ARE AT OR ARE GOING TO OR FROM THEIR PLACES OF
    19870S0245B2513                  - 4 -

     1     ASSEMBLY OR TARGET PRACTICE AND IF, WHILE GOING TO OR FROM
     2     THEIR PLACES OF ASSEMBLY OR TARGET PRACTICE, THE CARTRIDGES
     3     OR SHELLS ARE CARRIED IN A SEPARATE CONTAINER AND THE RIFLE,
     4     PISTOL OR REVOLVER IS UNLOADED.
     5         * * *
     6     (C)  [REGISTRATION REQUIRED IN CONNECTION WITH FIELD OR
     7  STREAM EXEMPTIONS.--BEFORE ANY EXEMPTION SHALL BE GRANTED UNDER
     8  SUBSECTION (B)(9) OR (B)(10) TO ANY PERSON LICENSED TO HUNT,
     9  TAKE FURBEARERS OR FISH OR WHO DESIRES TO TRAIN DOGS, SUCH
    10  PERSON SHALL AT THE TIME OF SECURING HIS HUNTING, FURTAKING OR
    11  FISHING LICENSE OR ANY TIME AFTER ANY SUCH LICENSE HAS ISSUED,
    12  REGISTER WITH THE COUNTY TREASURER THE MAKE OF THE FIREARM HE
    13  DESIRES TO CARRY, AND THE CALIBER AND NUMBER THEREOF, ON A BLANK
    14  TO BE FURNISHED BY THE PENNSYLVANIA STATE POLICE. THE ORIGINAL
    15  REGISTRATION SHALL BE DELIVERED TO THE PERSON REGISTERING SUCH
    16  FIREARM, AND A COPY THEREOF SHALL BE FORWARDED BY THE COUNTY
    17  TREASURER TO THE COMMISSIONER OF THE PENNSYLVANIA STATE POLICE.
    18  AS OF JANUARY 1, 1972, THE COUNTY TREASURER SHALL BE ENTITLED TO
    19  COLLECT A FEE OF 50 CENTS FOR EACH SUCH REGISTRATION OF A
    20  FIREARM WHICH FEE SHALL BE PAID TO THE COUNTY. THE REGISTRATION
    21  OF A FIREARM, AS PROVIDED IN THIS SUBSECTION, SHALL BE GOOD ONLY
    22  FOR THE YEAR FOR WHICH THE HUNTING, FURTAKING OR FISHING LICENSE
    23  IN CONNECTION WITH WHICH IT IS GRANTED, IS ISSUED.] SPORTSMAN'S
    24  FIREARM PERMIT.--
    25         (1)  BEFORE ANY EXCEPTION SHALL BE GRANTED UNDER
    26     PARAGRAPH (B)(9) OR (10) OF THIS SECTION TO ANY PERSON 18
    27     YEARS OF AGE OR OLDER LICENSED TO HUNT, TRAP OR FISH OR WHO
    28     HAS BEEN ISSUED A PERMIT RELATING TO HUNTING DOGS, SUCH
    29     PERSON SHALL, AT THE TIME OF SECURING HIS HUNTING, FURTAKING
    30     OR FISHING LICENSE OR ANY TIME AFTER SUCH LICENSE HAS BEEN
    19870S0245B2513                  - 5 -

     1     ISSUED, SECURE A SPORTSMAN'S FIREARM PERMIT FROM THE COUNTY
     2     TREASURER. THE SPORTSMAN'S FIREARM PERMIT SHALL BE ISSUED
     3     IMMEDIATELY AND BE VALID THROUGHOUT THIS COMMONWEALTH FOR A
     4     PERIOD OF FIVE YEARS FROM THE DATE OF ISSUE FOR ANY LEGAL
     5     FIREARM, WHEN CARRIED IN CONJUNCTION WITH A VALID HUNTING,
     6     FURTAKING OR FISHING LICENSE OR PERMIT RELATING TO HUNTING
     7     DOGS. THE SPORTSMAN'S FIREARM PERMIT SHALL BE IN TRIPLICATE
     8     ON A FORM TO BE FURNISHED BY THE PENNSYLVANIA STATE POLICE.
     9     THE ORIGINAL PERMIT SHALL BE DELIVERED TO THE PERSON, AND THE
    10     FIRST COPY THEREOF, WITHIN SEVEN DAYS, SHALL BE FORWARDED TO
    11     THE COMMISSIONER OF THE PENNSYLVANIA STATE POLICE BY THE
    12     COUNTY TREASURER. THE SECOND COPY SHALL BE RETAINED BY THE
    13     COUNTY TREASURER FOR A PERIOD OF TWO YEARS FROM THE DATE OF
    14     EXPIRATION. THE COUNTY TREASURER SHALL BE ENTITLED TO COLLECT
    15     A FEE OF NOT MORE THAN $6 FOR EACH SUCH PERMIT ISSUED, WHICH
    16     SHALL INCLUDE THE COST OF ANY OFFICIAL FORM. THE PENNSYLVANIA
    17     STATE POLICE MAY RECOVER FROM THE COUNTY TREASURER THE COST
    18     OF ANY SUCH FORM, BUT MAY NOT CHARGE MORE THAN $1 FOR EACH
    19     OFFICIAL PERMIT FORM FURNISHED TO THE COUNTY TREASURER.
    20         (2)  ANY PERSON WHO SELLS OR ATTEMPTS TO SELL A
    21     SPORTSMAN'S FIREARM PERMIT FOR A FEE IN EXCESS OF THAT AMOUNT
    22     FIXED UNDER THIS SUBSECTION COMMITS A SUMMARY OFFENSE.
    23     * * *
    24  § 6109.  LICENSES.
    25     [(A)  ISSUE OF LICENSE.--THE CHIEF OR HEAD OF ANY POLICE
    26  FORCE OR POLICE DEPARTMENT OF A CITY, AND, ELSEWHERE, THE
    27  SHERIFF OF A COUNTY, MAY, UPON THE APPLICATION OF ANY PERSON,
    28  ISSUE A LICENSE TO SUCH PERSON TO CARRY A FIREARM IN A VEHICLE
    29  OR CONCEALED ON OR ABOUT HIS PERSON WITHIN THIS COMMONWEALTH FOR
    30  NOT MORE THAN FIVE YEARS FROM DATE OF ISSUE, IF IT APPEARS THAT
    19870S0245B2513                  - 6 -

     1  THE APPLICANT HAS GOOD REASON TO FEAR AN INJURY TO HIS PERSON OR
     2  PROPERTY, OR HAS ANY OTHER PROPER REASON FOR CARRYING A FIREARM,
     3  AND THAT HE IS A SUITABLE PERSON TO BE SO LICENSED.
     4     (B)  FORM OF LICENSE.--THE LICENSE SHALL BE IN TRIPLICATE, IN
     5  FORM TO BE PRESCRIBED BY THE PENNSYLVANIA STATE POLICE, AND
     6  SHALL BEAR THE NAME, ADDRESS, DESCRIPTION, AND SIGNATURE OF THE
     7  LICENSEE AND THE REASON GIVEN FOR DESIRING A LICENSE. THE
     8  ORIGINAL THEREOF SHALL BE DELIVERED TO THE LICENSEE, THE
     9  DUPLICATE SHALL, WITHIN SEVEN DAYS, BE SENT BY REGISTERED OR
    10  CERTIFIED MAIL TO THE COMMISSIONER OF THE PENNSYLVANIA STATE
    11  POLICE, AND THE TRIPLICATE SHALL BE PRESERVED FOR SIX YEARS BY
    12  THE AUTHORITY ISSUING SAID LICENSE.
    13     (C)  FEE.--THE FEE FOR ISSUING SUCH LICENSE SHALL BE $2.50,
    14  WHICH FEE SHALL BE PAID INTO THE COUNTY TREASURY.
    15     (D)  REVOCATION.--ANY SUCH LICENSE TO CARRY FIREARMS MAY BE
    16  REVOKED BY THE PERSON ISSUING THE SAME. NOTICE OF REVOCATION
    17  SHALL BE IN WRITING AND SHALL STATE THE REASON THEREFOR. SAID
    18  NOTICE SHALL BE SENT BY CERTIFIED MAIL, AND, AT THAT TIME, A
    19  COPY SHALL BE FORWARDED TO THE COMMISSIONER OF THE PENNSYLVANIA
    20  STATE POLICE.]
    21     (A)  PURPOSE OF LICENSE.--A LICENSE TO CARRY A FIREARM SHALL
    22  BE FOR THE PURPOSE OF CARRYING A FIREARM CONCEALED ON OR ABOUT
    23  ONE'S PERSON OR IN A VEHICLE WITHIN THIS COMMONWEALTH.
    24     (B)  PLACE OF APPLICATION.--AN INDIVIDUAL WHO IS 21 YEARS OF
    25  AGE OR OLDER MAY APPLY TO A SHERIFF FOR A LICENSE TO CARRY A
    26  FIREARM CONCEALED ON OR ABOUT HIS PERSON OR IN A VEHICLE WITHIN
    27  THIS COMMONWEALTH. IF THE APPLICANT IS A RESIDENT OF THIS
    28  COMMONWEALTH, HE SHALL MAKE APPLICATION WITH THE SHERIFF OF THE
    29  COUNTY IN WHICH HE RESIDES, OR, IF A RESIDENT OF A CITY OF THE
    30  FIRST CLASS, WITH THE CHIEF OF POLICE OF THAT CITY.
    19870S0245B2513                  - 7 -

     1     (C)  FORM OF APPLICATION AND CONTENT.--THE APPLICATION FOR A
     2  LICENSE TO CARRY A FIREARM SHALL BE UNIFORM THROUGHOUT THIS
     3  COMMONWEALTH AND SHALL BE ON A FORM PRESCRIBED BY THE
     4  PENNSYLVANIA STATE POLICE. THE FORM MAY CONTAIN PROVISIONS, NOT
     5  EXCEEDING ONE PAGE, TO ASSURE COMPLIANCE WITH SUBSECTION (E)(2).
     6  ISSUING AUTHORITIES SHALL USE ONLY THE APPLICATION FORM
     7  PRESCRIBED BY THE PENNSYLVANIA STATE POLICE. ONE OF THE
     8  FOLLOWING REASONS FOR OBTAINING A FIREARM LICENSE SHALL BE SET
     9  FORTH IN THE APPLICATION: SELF-DEFENSE; EMPLOYMENT; HUNTING AND
    10  FISHING; TARGET SHOOTING; GUN COLLECTING; OR ANOTHER PROPER
    11  REASON. THE APPLICATION FORM SHALL BE DATED AND SIGNED BY THE
    12  APPLICANT AND SHALL CONTAIN THE FOLLOWING STATEMENT:
    13         I HAVE NEVER BEEN CONVICTED OF A CRIME OF VIOLENCE IN THE
    14         COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE. I AM OF SOUND
    15         MIND AND HAVE NEVER BEEN COMMITTED TO A MENTAL
    16         INSTITUTION. I HEREBY CERTIFY THAT THE STATEMENTS
    17         CONTAINED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY
    18         KNOWLEDGE AND BELIEF. I UNDERSTAND THAT, IF I KNOWINGLY
    19         MAKE ANY FALSE STATEMENTS HEREIN, I AM SUBJECT TO
    20         PENALTIES PRESCRIBED BY LAW. I AUTHORIZE THE SHERIFF, OR
    21         HIS DESIGNEE, OR, IN THE CASE OF FIRST CLASS CITIES, THE
    22         CHIEF OR HEAD OF THE POLICE DEPARTMENT, OR HIS DESIGNEE,
    23         TO INSPECT ONLY THOSE RECORDS OR DOCUMENTS RELEVANT TO
    24         INFORMATION REQUIRED FOR THIS APPLICATION.
    25     (D)  SHERIFF TO CONDUCT INVESTIGATION.--THE SHERIFF TO WHOM
    26  THE APPLICATION IS MADE SHALL INVESTIGATE THE APPLICANT'S RECORD
    27  OF CRIMINAL CONVICTIONS, SHALL INVESTIGATE WHETHER OR NOT THE
    28  APPLICANT IS UNDER INDICTMENT FOR OR HAS EVER BEEN CONVICTED OF
    29  A CRIME PUNISHABLE BY IMPRISONMENT EXCEEDING ONE YEAR, SHALL
    30  INVESTIGATE WHETHER THE APPLICANT'S CHARACTER AND REPUTATION ARE
    19870S0245B2513                  - 8 -

     1  SUCH THAT THE APPLICANT WILL NOT BE LIKELY TO ACT IN A MANNER
     2  DANGEROUS TO PUBLIC SAFETY AND SHALL INVESTIGATE WHETHER THE
     3  APPLICANT WOULD BE PRECLUDED FROM RECEIVING A LICENSE UNDER
     4  SUBSECTION (E)(1).
     5     (E)  ISSUANCE OF LICENSE.--
     6         (1)  A LICENSE TO CARRY A FIREARM SHALL BE FOR THE
     7     PURPOSE OF CARRYING A FIREARM CONCEALED ON OR ABOUT ONE'S
     8     PERSON OR IN A VEHICLE AND SHALL BE ISSUED IF, AFTER AN
     9     INVESTIGATION NOT TO EXCEED 45 DAYS, IT APPEARS THAT THE
    10     APPLICANT IS AN INDIVIDUAL CONCERNING WHOM NO GOOD CAUSE
    11     EXISTS TO DENY THE LICENSE. A LICENSE SHALL NOT BE ISSUED TO
    12     ANY OF THE FOLLOWING:
    13             (I)  AN INDIVIDUAL WHOSE CHARACTER AND REPUTATION IS
    14         SUCH THAT THE INDIVIDUAL WOULD BE LIKELY TO ACT IN A
    15         MANNER DANGEROUS TO PUBLIC SAFETY.
    16             (II)  AN INDIVIDUAL WHO HAS BEEN CONVICTED OF AN
    17         OFFENSE UNDER THE ACT OF APRIL 14, 1972 (P.L.233, NO.64),
    18         KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND
    19         COSMETIC ACT.
    20             (III)  AN INDIVIDUAL CONVICTED OF A CRIME OF
    21         VIOLENCE.
    22             (IV)  AN INDIVIDUAL WHO, WITHIN THE PAST TEN YEARS,
    23         HAS BEEN ADJUDICATED DELINQUENT FOR A CRIME OF VIOLENCE
    24         OR FOR AN OFFENSE UNDER THE ACT OF APRIL 14, 1972
    25         (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE,
    26         DRUG, DEVICE AND COSMETIC ACT.
    27             (V)  AN INDIVIDUAL WHO IS NOT OF SOUND MIND OR WHO
    28         HAS EVER BEEN COMMITTED TO A MENTAL INSTITUTION.
    29             (VI)  AN INDIVIDUAL WHO IS ADDICTED TO, OR IS AN
    30         UNLAWFUL USER OF, MARIJUANA OR A STIMULANT, DEPRESSANT OR
    19870S0245B2513                  - 9 -

     1         NARCOTIC DRUG.
     2             (VII)  AN INDIVIDUAL WHO IS A HABITUAL DRUNKARD.
     3             (VIII)  AN INDIVIDUAL WHO IS CHARGED WITH OR HAS BEEN
     4         CONVICTED OF A CRIME PUNISHABLE BY IMPRISONMENT FOR A
     5         TERM EXCEEDING ONE YEAR EXCEPT AS PROVIDED FOR IN SECTION
     6         6123 (RELATING TO WAIVER OF DISABILITY OR PARDONS).
     7             (IX)  A RESIDENT OF ANOTHER STATE WHO DOES NOT
     8         POSSESS A CURRENT LICENSE OR PERMIT OR SIMILAR DOCUMENT
     9         TO CARRY A FIREARM ISSUED BY THAT STATE IF A LICENSE IS
    10         PROVIDED FOR BY THE LAWS OF THAT STATE, AS PUBLISHED
    11         ANNUALLY IN THE FEDERAL REGISTER BY THE BUREAU OF
    12         ALCOHOL, TOBACCO AND FIREARMS OF THE DEPARTMENT OF THE
    13         TREASURY UNDER 18 U.S.C. § 921(A)(19) (RELATING TO
    14         DEFINITIONS).
    15             (X)  AN ALIEN WHO IS ILLEGALLY IN THE UNITED STATES.
    16             (XI)  AN INDIVIDUAL WHO HAS BEEN DISCHARGED FROM THE
    17         ARMED FORCES OF THE UNITED STATES UNDER DISHONORABLE
    18         CONDITIONS.
    19             (XII)  AN INDIVIDUAL WHO IS A FUGITIVE FROM JUSTICE.
    20         (2)  IN A CITY OF THE FIRST CLASS, A LICENSE SHALL BE
    21     ISSUED ONLY IF IT ADDITIONALLY APPEARS THAT THE APPLICANT HAS
    22     GOOD REASON TO FEAR AN INJURY TO THE APPLICANT'S PERSON OR
    23     PROPERTY OR HAS ANY OTHER PROPER REASON FOR CARRYING A
    24     FIREARM AND THAT THE APPLICANT IS A SUITABLE INDIVIDUAL TO BE
    25     LICENSED.
    26         (3)  THE LICENSE SHALL BEAR THE NAME, ADDRESS, DATE OF
    27     BIRTH, RACE, SEX, CITIZENSHIP, SOCIAL SECURITY NUMBER,
    28     HEIGHT, WEIGHT, COLOR OF HAIR, COLOR OF EYES AND SIGNATURE OF
    29     THE LICENSEE; THE SIGNATURE OF THE SHERIFF ISSUING THE
    30     LICENSE; THE REASON FOR ISSUANCE; AND THE PERIOD OF
    19870S0245B2513                 - 10 -

     1     VALIDATION. THE SHERIFF MAY ALSO REQUIRE A PHOTOGRAPH OF THE
     2     LICENSEE ON THE LICENSE. THE ORIGINAL LICENSE SHALL BE ISSUED
     3     TO THE APPLICANT. THE FIRST COPY OF THE LICENSE SHALL BE
     4     FORWARDED TO THE COMMISSIONER WITHIN SEVEN DAYS OF THE DATE
     5     OF ISSUE, AND A SECOND COPY SHALL BE RETAINED BY THE ISSUING
     6     AUTHORITY FOR A PERIOD OF SIX YEARS.
     7     (F)  TERM OF LICENSE.--A LICENSE TO CARRY A FIREARM ISSUED
     8  UNDER SUBSECTION (E) SHALL BE VALID THROUGHOUT THIS COMMONWEALTH
     9  FOR A PERIOD OF FIVE YEARS UNLESS SOONER REVOKED.
    10     (G)  GRANT OR DENIAL OF LICENSE.--UPON THE RECEIPT OF AN
    11  APPLICATION FOR A LICENSE TO CARRY A FIREARM, THE SHERIFF SHALL,
    12  WITHIN 45 DAYS, ISSUE OR REFUSE TO ISSUE A LICENSE ON THE BASIS
    13  OF THE INVESTIGATION UNDER SUBSECTION (D) AND THE ACCURACY OF
    14  THE INFORMATION CONTAINED IN THE APPLICATION. IF THE SHERIFF
    15  REFUSES TO ISSUE A LICENSE, THE SHERIFF SHALL NOTIFY THE
    16  APPLICANT IN WRITING OF THE REFUSAL AND THE REASONS. THE NOTICE
    17  SHALL BE SENT BY CERTIFIED MAIL TO THE APPLICANT AT THE ADDRESS
    18  SET FORTH IN THE APPLICATION.
    19     (H)  FEE.--THE FEE FOR A LICENSE TO CARRY A FIREARM IS
    20  $12.50. THIS INCLUDES AN ADMINISTRATIVE FEE OF $5 UNDER SECTION
    21  14(2) OF THE ACT OF JULY 6, 1984 (P.L.614, NO.127), KNOWN AS THE
    22  SHERIFF FEE ACT. THE FEE IS PAYABLE TO THE SHERIFF TO WHOM THE
    23  APPLICATION IS SUBMITTED AND IS PAYABLE AT THE TIME OF
    24  APPLICATION FOR THE LICENSE. EXCEPT FOR THE ADMINISTRATIVE FEE
    25  OF $5 UNDER SECTION 14(2) OF THE SHERIFF FEE ACT, ALL OTHER FEES
    26  SHALL BE REFUNDED IF THE APPLICATION IS DENIED BUT SHALL NOT BE
    27  REFUNDED IF A LICENSE IS ISSUED AND SUBSEQUENTLY REVOKED. A
    28  PERSON WHO SELLS OR ATTEMPTS TO SELL A LICENSE TO CARRY A
    29  FIREARM FOR A FEE IN EXCESS OF THE AMOUNTS FIXED UNDER THIS
    30  SUBSECTION COMMITS A SUMMARY OFFENSE.
    19870S0245B2513                 - 11 -

     1     (I)  REVOCATION.--A LICENSE TO CARRY FIREARMS MAY BE REVOKED
     2  BY THE ISSUING AUTHORITY FOR GOOD CAUSE. NOTICE OF REVOCATION
     3  SHALL BE IN WRITING AND SHALL STATE THE REASON FOR REVOCATION.
     4  NOTICE SHALL BE SENT BY CERTIFIED MAIL; AND, AT THAT TIME, A
     5  COPY SHALL BE FORWARDED TO THE COMMISSIONER. AN INDIVIDUAL WHOSE
     6  LICENSE IS REVOKED SHALL SURRENDER THE LICENSE TO THE ISSUING
     7  AUTHORITY WITHIN FIVE DAYS OF RECEIPT OF THE NOTICE. AN
     8  INDIVIDUAL WHO VIOLATES THIS SECTION COMMITS A SUMMARY OFFENSE.
     9     (J)  IMMUNITY.--A SHERIFF WHO COMPLIES IN GOOD FAITH WITH
    10  THIS SECTION SHALL BE IMMUNE FROM LIABILITY RESULTING OR ARISING
    11  FROM THE ACTION OR MISCONDUCT WITH A FIREARM COMMITTED BY ANY
    12  INDIVIDUAL TO WHOM A LICENSE TO CARRY A FIREARM HAS BEEN ISSUED.
    13  § 6116.  FALSE EVIDENCE OF IDENTITY.
    14     NO PERSON SHALL, IN PURCHASING OR OTHERWISE SECURING DELIVERY
    15  OF A FIREARM OR IN APPLYING FOR A LICENSE TO CARRY THE SAME,
    16  GIVE FALSE INFORMATION OR OFFER FALSE EVIDENCE OF HIS IDENTITY.
    17  THE FURNISHING OF FALSE INFORMATION OR OFFERING FALSE EVIDENCE
    18  OF IDENTITY IS A VIOLATION OF SECTION 4904 (RELATING TO UNSWORN
    19  FALSIFICATION TO AUTHORITIES).
    20  § 6120.  LIMITATION ON MUNICIPAL REGULATION OF FIREARMS AND
    21             AMMUNITION.
    22     (A)  GENERAL RULE.--NO COUNTY, MUNICIPALITY OR TOWNSHIP MAY
    23  IN ANY MANNER REGULATE THE LAWFUL OWNERSHIP, POSSESSION,
    24  TRANSFER OR TRANSPORTATION OF FIREARMS, AMMUNITION OR AMMUNITION
    25  COMPONENTS WHEN CARRIED OR TRANSPORTED FOR PURPOSES NOT
    26  PROHIBITED BY THE LAWS OF THIS COMMONWEALTH.
    27     (B)  DEFINITION.--FOR THE PURPOSES OF THIS SECTION, THE TERM
    28  "FIREARMS" SHALL NOT INCLUDE "AIR RIFLES" AS DEFINED IN SECTION
    29  6304 (RELATING TO SALE AND USE OF AIR RIFLES).
    30     SECTION 2.  TITLE 18 IS AMENDED BY ADDING SECTIONS TO READ:
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     1  § 6122.  PROOF OF LICENSE AND EXCEPTION.
     2     (A)  GENERAL RULE.--WHEN CARRYING A FIREARM CONCEALED ON OR
     3  ABOUT ONE'S PERSON OR IN A VEHICLE, AN INDIVIDUAL LICENSED TO
     4  CARRY A FIREARM SHALL, UPON LAWFUL DEMAND OF A LAW ENFORCEMENT
     5  OFFICER, PRODUCE THE LICENSE FOR INSPECTION.
     6     (B)  EXCEPTION.--AN INDIVIDUAL CARRYING A FIREARM ON OR ABOUT
     7  HIS PERSON OR IN A VEHICLE AND CLAIMING AN EXCEPTION UNDER
     8  SECTION 6106(B) (RELATING TO FIREARMS NOT TO BE CARRIED WITHOUT
     9  A LICENSE) SHALL, UPON LAWFUL DEMAND OF A LAW ENFORCEMENT
    10  OFFICER, PRODUCE SATISFACTORY EVIDENCE OF QUALIFICATION FOR
    11  EXCEPTION.
    12  § 6123.  WAIVER OF DISABILITY OR PARDONS.
    13     A WAIVER OF DISABILITY FROM FEDERAL AUTHORITIES AS PROVIDED
    14  FOR IN 18 U.S.C. § 925 (RELATING TO EXCEPTIONS; RELIEF FROM
    15  DISABILITIES), A FULL PARDON FROM THE GOVERNOR OR AN OVERTURNING
    16  OF A CONVICTION SHALL REMOVE ANY CORRESPONDING DISABILITY UNDER
    17  THIS SUBCHAPTER EXCEPT THE DISABILITY UNDER SECTION 6105
    18  (RELATING TO FORMER CONVICT NOT TO OWN A FIREARM, ETC.).
    19  § 6124.  ADMINISTRATIVE REGULATIONS.
    20     THE COMMISSIONER MAY ESTABLISH FORM SPECIFICATIONS AND
    21  REGULATIONS, CONSISTENT WITH SECTION 6109(C) (RELATING TO
    22  LICENSES), WITH RESPECT TO UNIFORM FORMS CONTROL, INCLUDING THE
    23  FOLLOWING:
    24         (1)  LICENSE TO CARRY FIREARMS.
    25         (2)  FIREARM REGISTRATION.
    26         (3)  DEALER'S LICENSE.
    27         (4)  APPLICATION FOR PURCHASE OF A FIREARM.
    28         (5)  RECORD OF SALE OF FIREARMS.
    29     SECTION 3.  SECTION 6312 OF TITLE 18 IS AMENDED TO READ:
    30  § 6312.  SEXUAL ABUSE OF CHILDREN.
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     1     (A)  DEFINITION.--AS USED IN THIS SECTION, "PROHIBITED SEXUAL
     2  ACT" MEANS SEXUAL INTERCOURSE, ANAL INTERCOURSE, MASTURBATION,
     3  BESTIALITY, SADISM, MASOCHISM, FELLATIO, CUNNILINGUS [AND ANY
     4  OTHER SEXUAL ACTIVITY INCLUDING], LEWD EXHIBITION OF THE
     5  GENITALS OR NUDITY IF SUCH [SEXUAL ACTIVITY] NUDITY IS DEPICTED
     6  FOR THE PURPOSE OF SEXUAL STIMULATION OR GRATIFICATION OF ANY
     7  PERSON WHO MIGHT VIEW SUCH DEPICTION.
     8     (B)  PHOTOGRAPHING OR FILMING SEXUAL ACTS.--ANY PERSON WHO
     9  CAUSES OR KNOWINGLY PERMITS A CHILD UNDER THE AGE OF [16] 17
    10  YEARS TO ENGAGE IN A PROHIBITED SEXUAL ACT OR IN THE SIMULATION
    11  OF SUCH ACT IS GUILTY OF A FELONY OF THE SECOND DEGREE IF SUCH
    12  PERSON KNOWS, HAS REASON TO KNOW OR INTENDS THAT SUCH ACT MAY BE
    13  PHOTOGRAPHED OR FILMED. ANY PERSON WHO KNOWINGLY PHOTOGRAPHS OR
    14  FILMS A CHILD UNDER THE AGE OF [16] 17 YEARS ENGAGING IN A
    15  PROHIBITED SEXUAL ACT OR IN THE SIMULATION OF SUCH AN ACT IS
    16  GUILTY OF A FELONY OF THE SECOND DEGREE.
    17     (C)  DISSEMINATION OF PHOTOGRAPHS AND FILMS.--ANY PERSON WHO
    18  KNOWINGLY SELLS, DISTRIBUTES, DELIVERS, DISSEMINATES, TRANSFERS,
    19  DISPLAYS [FOR SALE OR TRANSFER] OR EXHIBITS TO OTHERS, OR WHO
    20  POSSESSES FOR THE PURPOSE OF SALE, DISTRIBUTION, DELIVERY,
    21  DISSEMINATION, TRANSFER, DISPLAY [FOR SALE OR TRANSFER] OR
    22  EXHIBITION TO OTHERS, ANY BOOK, MAGAZINE, PAMPHLET, SLIDE,
    23  PHOTOGRAPH [OR], FILM, VIDEOTAPE OR OTHER MATERIAL DEPICTING A
    24  CHILD UNDER THE AGE OF [16] 17 YEARS ENGAGING IN A PROHIBITED
    25  SEXUAL ACT OR IN THE SIMULATION OF SUCH ACT IS GUILTY OF A
    26  FELONY OF THE THIRD DEGREE.
    27     (D)  POSSESSION OF CHILD PORNOGRAPHY.--ANY PERSON WHO
    28  KNOWINGLY POSSESSES OR CONTROLS ANY BOOK, MAGAZINE, PAMPHLET,
    29  SLIDE, PHOTOGRAPH, FILM, VIDEOTAPE OR OTHER MATERIAL DEPICTING A
    30  CHILD UNDER THE AGE OF 17 YEARS ENGAGING IN A PROHIBITED SEXUAL
    19870S0245B2513                 - 14 -

     1  ACT OR IN THE SIMULATION OF SUCH ACT IS GUILTY OF A FELONY OF
     2  THE THIRD DEGREE.
     3     [(D)] (E)  EVIDENCE OF AGE.--IN THE EVENT A PERSON INVOLVED
     4  IN A PROHIBITED SEXUAL ACT IS ALLEGED TO BE A CHILD UNDER THE
     5  AGE OF [16] 17 YEARS, COMPETENT EXPERT TESTIMONY SHALL BE
     6  SUFFICIENT TO ESTABLISH THE AGE OF SAID PERSON.
     7     [(E)] (F)  EXCEPTIONS.--THIS SECTION [SHALL NOT BE DEEMED TO
     8  APPLY TO THE SELLING, LENDING, DISTRIBUTING, EXHIBITING, GIVING
     9  AWAY, SHOWING, POSSESSING OR MAKING OF FILMS, PHOTOGRAPHS OR
    10  OTHER MATERIALS INVOLVING ONLY NUDITY, IF SUCH MATERIALS ARE
    11  MADE FOR AND HAVE A SERIOUS LITERARY, ARTISTIC, EDUCATIONAL OR
    12  SCIENTIFIC VALUE] DOES NOT APPLY TO ANY MATERIAL THAT IS
    13  POSSESSED, CONTROLLED, BROUGHT OR CAUSED TO BE BROUGHT INTO THIS
    14  COMMONWEALTH, OR PRESENTED FOR A BONA FIDE EDUCATIONAL,
    15  SCIENTIFIC, GOVERNMENTAL OR JUDICIAL PURPOSE.
    16     SECTION 4.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
    17         (1)  THE AMENDMENTS AFFECTING SECTIONS 2701, 4304, 5123
    18     AND 6312 SHALL TAKE EFFECT IN 60 DAYS.
    19         (2)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 180
    20     DAYS.







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