PRINTER'S NO. 3129
No. 2275 Session of 2002
INTRODUCED BY GODSHALL, CAPPELLI, CREIGHTON, FAIRCHILD, HARHAI, LAUGHLIN, McGEEHAN, McILHATTAN, PALLONE, PHILLIPS, PISTELLA, ROBINSON, SCHULER, TIGUE, TURZAI AND YOUNGBLOOD, JANUARY 14, 2002
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 14, 2002
AN ACT 1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and 2 Judicial Procedure) of the Pennsylvania Consolidated 3 Statutes, further providing for possession of firearms by 4 minor and for loss of property rights to Commonwealth; and 5 providing for disposition of forfeited firearms. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Section 6110.1(d) of Title 18 of the Pennsylvania 9 Consolidated Statutes is amended to read: 10 § 6110.1. Possession of firearm by minor. 11 * * * 12 (d) Forfeiture.--Any firearm in the possession of a person 13 under 18 years of age in violation of this section shall be 14 promptly seized by the arresting law enforcement officer and 15 upon conviction or adjudication of delinquency shall be: 16 (1) forfeited and disposed of in accordance with 42 17 Pa.C.S. § 6803 (relating to disposition of forfeited 18 firearms); or[,]
1 (2) if stolen, returned to the lawful owner. 2 Section 2. Section 6801(a)(7) of Title 42 is amended to 3 read: 4 § 6801. Loss of property rights to Commonwealth. 5 (a) Forfeitures generally.--The following shall be subject 6 to forfeiture to the Commonwealth and no property right shall 7 exist in them: 8 * * * 9 (7) Any firearms, including, but not limited to, rifles, 10 shotguns, pistols, revolvers, machine guns, zip guns or any 11 type of prohibited offensive weapon, as that term is defined 12 in 18 Pa.C.S. (relating to crimes and offenses), which are 13 used or intended for use to facilitate a violation of The 14 Controlled Substance, Drug, Device and Cosmetic Act. Such 15 operable firearms as are found in close proximity to 16 illegally possessed controlled substances shall be rebuttably 17 presumed to be used or intended for use to facilitate a 18 violation of The Controlled Substance, Drug, Device and 19 Cosmetic Act. All weapons forfeited under this section shall 20 be [immediately destroyed by the receiving law enforcement 21 agency] subject to disposition under section 6803 (relating 22 to disposition of forfeited firearms). 23 * * * 24 Section 3. Title 42 is amended by adding a section to read: 25 § 6803. Disposition of forfeited firearms. 26 (a) General rule.--Whenever any firearm is required to be 27 forfeited under this chapter, 18 Pa.C.S. § 6110.1(d) (relating 28 to possession of firearm by minor) or any other law, the court 29 shall order the appropriate agency to do one of the following: 30 (1) If the firearm is an antique firearm, sell the 20020H2275B3129 - 2 -
1 firearm and distribute the proceeds as required by this 2 chapter. 3 (2) If the firearm is an automatic, military-style 4 assault weapon, destroy or authorize the firearm to be 5 retained by the agency and the prosecuting authority for 6 official use. 7 (3) If the firearm is not subject to either paragraph 8 (1) or (2), then one of the following: 9 (i) Relinquish ownership of the firearm to the Drug 10 Enforcement Administration. 11 (ii) Retain the firearm for official use by the 12 agency and the prosecuting authority. 13 (iii) Sell the firearm to a federally licensed 14 firearms dealer, if the court determines that the firearm 15 is not harmful to the public and distribute the proceeds 16 as required by this chapter. 17 (b) County policy to control.--Notwithstanding subsection 18 (a), the court may not order the sale of a forfeited firearm if 19 the county commissioners have adopted a written policy 20 disapproving the sale of forfeited firearms. 21 (c) Definition.--As used in this section, the term "firearm" 22 includes any ammunition and accessories included with a 23 forfeited firearm. 24 Section 4. This act shall take effect in 60 days. C7L42DMS/20020H2275B3129 - 3 -