PRINTER'S NO. 34
No. 54 Session of 1999
INTRODUCED BY MAYERNIK, HENNESSEY, READSHAW, HERSHEY, LAUGHLIN,
SEYFERT, GIGLIOTTI, RAMOS AND SOLOBAY, JANUARY 20, 1999
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 20, 1999
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 forfeiture of certain firearms.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6801(a)(7) of Title 42 of the
7 Pennsylvania Consolidated Statutes is amended to read:
8 § 6801. Loss of property rights to Commonwealth.
9 (a) Forfeitures generally.--The following shall be subject
10 to forfeiture to the Commonwealth and no property right shall
11 exist in them:
12 * * *
13 (7) (i) Any firearms, including, but not limited to,
14 rifles, shotguns, pistols, revolvers, machine guns, zip
15 guns or any type of prohibited offensive weapon, as that
16 term is defined in 18 Pa.C.S. (relating to crimes and
17 offenses), which are used or intended for use to
18 facilitate a violation of The Controlled Substance, Drug,
1 Device and Cosmetic Act or any other law of this
2 Commonwealth. Such operable firearms as are found in
3 close proximity to illegally possessed controlled
4 substances shall be rebuttably presumed to be used or
5 intended for use to facilitate a violation of The
6 Controlled Substance, Drug, Device and Cosmetic Act. [All
7 weapons forfeited under this section shall be immediately
8 destroyed by the receiving law enforcement agency.]
9 (ii) Thirty days after the last appeal expires in
10 the criminal action that relates to the firearm subject
11 to forfeiture under this paragraph, the appropriate court
12 shall issue an order for disposition of the firearm. The
13 court order shall provide that the firearm be securely
14 delivered to:
15 (A) a certified crime laboratory or sheriff's
16 office in this Commonwealth for destruction; or
17 (B) the director of a certified municipal police
18 basic training school operated by a political
19 subdivision in accordance with 53 Pa.C.S. Ch. 21
20 Subch. D (relating to municipal police education and
21 training) for use in courses of instruction on
22 firearms or for demonstration purposes for persons to
23 act as policemen for the several political
24 subdivisions of this Commonwealth.
25 No other disposition of the firearm shall be authorized
26 by the court.
27 * * *
28 Section 2. This act shall take effect in 60 days.
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