SENATE AMENDED
PRIOR PRINTER'S NOS. 2696, 3217 PRINTER'S NO. 4146
No. 2046 Session of 2003
INTRODUCED BY HUTCHINSON, S. H. SMITH, ARMSTRONG, BAKER,
BASTIAN, BOYD, CAPPELLI, CAUSER, CLYMER, COLEMAN, DENLINGER,
DeWEESE, EGOLF, FAIRCHILD, FLEAGLE, FORCIER, GEIST, GEORGE,
GERGELY, GINGRICH, GOODMAN, HARRIS, HESS, HORSEY, KOTIK,
LAUGHLIN, LEH, MAITLAND, McGEEHAN, McILHATTAN, METCALFE,
R. MILLER, S. MILLER, NICKOL, PHILLIPS, PICKETT, PISTELLA,
READSHAW, REED, REICHLEY, ROHRER, SATHER, SAYLOR, SHANER,
SOLOBAY, STABACK, STERN, R. STEVENSON, T. STEVENSON, SURRA,
TIGUE, TURZAI, WEBER, WILT AND PETRARCA, SEPTEMBER 30, 2003
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
JUNE 22, 2004
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for issuance of <--
3 licenses to carry firearms. FIREARMS LICENSE EXCEPTIONS, <--
4 ISSUANCE FEES AND RECIPROCITY AND RELATED INQUIRIES;
5 PROVIDING FOR THE FIREARMS LICENSE VALIDATION SYSTEM AND FOR
6 POWERS AND DUTIES OF THE ATTORNEY GENERAL, THE COMMISSIONER
7 OF THE PENNSYLVANIA STATE POLICE AND THE PENNSYLVANIA
8 COMMISSION ON CRIME AND DELINQUENCY; AND ESTABLISHING THE
9 FIREARMS LICENSE TO CARRY MODERNIZATION FUND.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 6109(e)(1) and (3) and (k) of Title 18 of <--
13 the Pennsylvania Consolidated Statutes are amended to read:
14 SECTION 1. SECTION 6106(B) OF TITLE 18 OF THE PENNSYLVANIA <--
15 CONSOLIDATED STATUTES IS AMENDED BY ADDING A PARAGRAPH TO READ:
16 § 6106. FIREARMS NOT TO BE CARRIED WITHOUT A LICENSE.
17 * * *
1 (B) EXCEPTIONS.--THE PROVISIONS OF SUBSECTION (A) SHALL NOT
2 APPLY TO:
3 * * *
4 (14) ANY PERSON WHO POSSESSES A VALID AND LAWFULLY
5 ISSUED LICENSE OR PERMIT TO CARRY A FIREARM WHICH HAS BEEN
6 ISSUED UNDER THE LAWS OF ANY OTHER STATE OR JURISDICTION IF
7 THE OTHER STATE OR JURISDICTION PROVIDES A RECIPROCAL
8 PRIVILEGE FOR INDIVIDUALS LICENSED TO CARRY FIREARMS UNDER
9 SECTION 6109, REGARDLESS OF WHETHER A RECIPROCITY AGREEMENT
10 EXISTS BETWEEN THE COMMONWEALTH AND THE OTHER STATE OR
11 JURISDICTION PURSUANT TO SECTION 6109(K). THE ATTORNEY
12 GENERAL SHALL PUBLISH IN THE PENNSYLVANIA BULLETIN A LISTING
13 OF OTHER STATES AND JURISDICTIONS THAT PROVIDE SUCH
14 RECIPROCITY.
15 * * *
16 SECTION 2. SECTION 6109(E), (H), (I) AND (K) OF TITLE 18 ARE
17 AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO
18 READ:
19 § 6109. Licenses.
20 * * *
21 (e) Issuance of license.--
22 (1) A license to carry a firearm shall be for the
23 purpose of carrying a firearm concealed on or about one's
24 person or in a vehicle and shall be issued if, after an
25 investigation not to exceed 45 days, it appears that the
26 applicant is an individual concerning whom no good cause
27 exists to deny the license. A license shall not be issued to
28 any of the following:
29 (i) An individual whose character and reputation is
30 such that the individual would be likely to act in a
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1 manner dangerous to public safety.
2 (ii) An individual who has been convicted of an
3 offense under the act of April 14, 1972 (P.L.233, No.64),
4 known as The Controlled Substance, Drug, Device and
5 Cosmetic Act.
6 (iii) An individual convicted of a crime enumerated
7 in section 6105.
8 (iv) An individual who, within the past ten years,
9 has been adjudicated delinquent for a crime enumerated in
10 section 6105 or for an offense under The Controlled
11 Substance, Drug, Device and Cosmetic Act.
12 (v) An individual who is not of sound mind or who
13 has ever been committed to a mental institution.
14 (vi) An individual who is addicted to or is an
15 unlawful user of marijuana or a stimulant, depressant or
16 narcotic drug.
17 (vii) An individual who is a habitual drunkard.
18 (viii) An individual who is charged with or has been
19 convicted of a crime punishable by imprisonment for a
20 term exceeding one year except as provided for in section
21 6123 (relating to waiver of disability or pardons).
22 (ix) A resident of another state who does not
23 possess a current license or permit or similar document
24 to carry a firearm issued by that state if a license is
25 provided for by the laws of that state, as published
26 annually in the Federal Register by the Bureau of
27 Alcohol, Tobacco and Firearms of the Department of the
28 Treasury under 18 U.S.C. § 921(a)(19) (relating to
29 definitions). This subparagraph shall not be applicable
30 to any individual who is either a law enforcement officer
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1 to the United States, any other state or the District of
2 Columbia, or licensed as a manufacturer, importer or
3 dealer of firearms pursuant to 18 U.S.C. § 923 (relating
4 to licensing).
5 (x) An alien who is illegally in the United States.
6 (xi) An individual who has been discharged from the
7 armed forces of the United States under dishonorable
8 conditions.
9 (xii) An individual who is a fugitive from justice.
10 This subparagraph does not apply to an individual whose
11 fugitive status is based upon nonmoving or moving summary
12 offense under Title 75 (relating to vehicles).
13 (xiii) An individual who is otherwise prohibited
14 from possessing, using, manufacturing, controlling,
15 purchasing, selling or transferring a firearm as provided
16 by section 6105.
17 (3) The license shall bear the name, address, date of <--
18 birth, race, sex, citizenship, [Social Security number,]
19 height, weight, color of hair, color of eyes and signature of
20 the licensee; the signature of the sheriff issuing the
21 license; the reason for issuance; and the period of
22 validation. The sheriff may also require a photograph of the
23 licensee on the license. The original license shall be issued
24 to the applicant. The first copy of the license shall be
25 forwarded to the commissioner within seven days of the date
26 of issue, and a second copy shall be retained by the issuing
27 authority for a period of six years.
28 * * *
29 (k) Reciprocity.--The Attorney General may enter into
30 reciprocity agreements with other states providing for the
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1 mutual recognition of each state's license to carry a firearm.
2 Reciprocity agreements shall not provide for recognition of
3 (3) THE LICENSE [SHALL BEAR THE] TO CARRY A FIREARM <--
4 SHALL BE DESIGNED TO BE UNIFORM THROUGHOUT THIS COMMONWEALTH
5 AND SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER. THE
6 LICENSE SHALL BEAR THE FOLLOWING:
7 (I) THE NAME, ADDRESS, DATE OF BIRTH, RACE, SEX,
8 CITIZENSHIP, [SOCIAL SECURITY NUMBER,] HEIGHT, WEIGHT,
9 COLOR OF HAIR, COLOR OF EYES AND SIGNATURE OF THE
10 LICENSEE[; THE].
11 (II) THE SIGNATURE OF THE SHERIFF ISSUING THE
12 LICENSE[; THE].
13 (III) A LICENSE NUMBER OF WHICH THE FIRST TWO
14 NUMBERS SHALL BE A COUNTY LOCATION CODE FOLLOWED BY
15 NUMBERS ISSUED IN NUMERICAL SEQUENCE.
16 (IV) THE POINT-OF-CONTACT TELEPHONE NUMBER
17 DESIGNATED BY THE COMMISSIONER.
18 (V) THE REASON FOR ISSUANCE[; AND THE].
19 (VI) THE PERIOD OF VALIDATION.
20 THE SHERIFF [MAY ALSO] SHALL REQUIRE A PHOTOGRAPH OF THE
21 LICENSEE ON THE LICENSE.
22 (4) THE ORIGINAL LICENSE SHALL BE ISSUED TO THE
23 APPLICANT. THE FIRST COPY OF THE LICENSE SHALL BE FORWARDED
24 TO THE COMMISSIONER WITHIN SEVEN DAYS OF THE DATE OF ISSUE,
25 AND A SECOND COPY OF THE LICENSE SHALL BE RETAINED BY THE
26 ISSUING AUTHORITY FOR A PERIOD OF [SIX YEARS.] SEVEN YEARS
27 AND SHALL, AT THE END OF THE SEVEN-YEAR PERIOD, BE DESTROYED
28 UNLESS IT HAS BEEN RENEWED WITHIN THAT SEVEN-YEAR PERIOD.
29 * * *
30 (H) FEE.--
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1 (1) THE FEE FOR A LICENSE TO CARRY A FIREARM IS $19 PLUS
2 A TEMPORARY FEE AS DESCRIBED IN PARAGRAPH (2). THIS INCLUDES
3 [A] ALL OF THE FOLLOWING:
4 (I) A RENEWAL NOTICE PROCESSING FEE OF $1.50. [THIS
5 INCLUDES AN]
6 (II) AN ADMINISTRATIVE FEE OF $5 UNDER SECTION 14(2)
7 OF THE ACT OF JULY 6, 1984 (P.L.614, NO.127), KNOWN AS
8 THE SHERIFF FEE ACT.
9 (2) A FEE OF $6 SHALL BE REMITTED BY THE SHERIFF TO THE
10 FIREARMS LICENSE TO CARRY MODERNIZATION FUND, WHICH IS HEREBY
11 ESTABLISHED AS A SEPARATE FUND IN THE STATE TREASURY. THE
12 FUND SHALL BE ADMINISTERED BY THE PENNSYLVANIA COMMISSION ON
13 CRIME AND DELINQUENCY AND USED TO DESIGN, DEVELOP AND
14 IMPLEMENT, WITHIN FIVE YEARS OF THE EFFECTIVE DATE OF THIS
15 SUBPARAGRAPH, A SYSTEM IN CONJUNCTION WITH THE COMMISSIONER
16 AND THE PENNSYLVANIA SHERIFFS' ASSOCIATION, TO STANDARDIZE
17 AND MODERNIZE THE PROCESS OF ISSUING LICENSES TO CARRY
18 FIREARMS. MONEYS DIRECTED IN THE FUND AND INTEREST WHICH
19 ACCRUES FROM THOSE FUNDS ARE APPROPRIATED ON A CONTINUING
20 BASIS TO THE PENNSYLVANIA COMMISSION ON CRIME AND
21 DELINQUENCY. UPON ADOPTION OF THE SYSTEM UNDER THIS
22 PARAGRAPH, THE PENNSYLVANIA COMMISSION ON CRIME AND
23 DELINQUENCY SHALL PUBLISH NOTICE THEREOF IN THE PENNSYLVANIA
24 BULLETIN. THIS PARAGRAPH SHALL EXPIRE UPON PUBLICATION OF THE
25 NOTICE UNDER THIS PARAGRAPH, OR FIVE YEARS AFTER THE
26 EFFECTIVE DATE OF THIS PARAGRAPH, WHICHEVER OCCURS FIRST. ANY
27 FUNDS REMAINING IN THE FUND AT SUCH TIME SHALL LAPSE INTO THE
28 GENERAL FUND.
29 (3) NO FEE OTHER THAN THAT PROVIDED BY THIS [PARAGRAPH]
30 SUBSECTION OR THE SHERIFF FEE ACT MAY BE ASSESSED BY THE
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1 SHERIFF FOR THE PERFORMANCE OF ANY BACKGROUND CHECK MADE
2 PURSUANT TO THIS ACT.
3 (4) THE FEE IS PAYABLE TO THE SHERIFF TO WHOM THE
4 APPLICATION IS SUBMITTED AND IS PAYABLE AT THE TIME OF
5 APPLICATION FOR THE LICENSE.
6 (5) EXCEPT FOR THE ADMINISTRATIVE FEE OF $5 UNDER
7 SECTION 14(2) OF THE SHERIFF FEE ACT, ALL OTHER FEES SHALL BE
8 REFUNDED IF THE APPLICATION IS DENIED BUT SHALL NOT BE
9 REFUNDED IF A LICENSE IS ISSUED AND SUBSEQUENTLY REVOKED.
10 (6) A PERSON WHO SELLS OR ATTEMPTS TO SELL A LICENSE TO
11 CARRY A FIREARM FOR A FEE IN EXCESS OF THE AMOUNTS FIXED
12 UNDER THIS SUBSECTION COMMITS A SUMMARY OFFENSE.
13 (I) REVOCATION.--A LICENSE TO CARRY FIREARMS MAY BE REVOKED
14 BY THE ISSUING AUTHORITY FOR GOOD CAUSE. A LICENSE TO CARRY
15 FIREARMS SHALL BE REVOKED BY THE ISSUING AUTHORITY FOR ANY
16 REASON STATED IN SUBSECTION (E)(1) WHICH OCCURS DURING THE TERM
17 OF THE PERMIT. NOTICE OF REVOCATION SHALL BE IN WRITING AND
18 SHALL STATE THE SPECIFIC REASON FOR REVOCATION. NOTICE SHALL BE
19 SENT BY CERTIFIED MAIL TO THE INDIVIDUAL WHOSE LICENSE IS
20 REVOKED, AND, AT THAT TIME, [A COPY SHALL BE FORWARDED TO THE
21 COMMISSIONER.] NOTICE SHALL ALSO BE PROVIDED TO THE
22 COMMISSIONER, BY MAIL, ELECTRONIC MAIL OR FACSIMILE
23 TRANSMISSION, THAT THE LICENSE IS NO LONGER VALID. AN INDIVIDUAL
24 WHOSE LICENSE IS REVOKED SHALL SURRENDER THE LICENSE TO THE
25 ISSUING AUTHORITY WITHIN FIVE DAYS OF RECEIPT OF THE NOTICE. AN
26 INDIVIDUAL WHOSE LICENSE IS REVOKED MAY APPEAL TO THE COURT OF
27 COMMON PLEAS FOR THE JUDICIAL DISTRICT IN WHICH THE INDIVIDUAL
28 RESIDES. AN INDIVIDUAL WHO VIOLATES THIS SECTION COMMITS A
29 SUMMARY OFFENSE.
30 * * *
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1 (K) RECIPROCITY.--
2 (1) THE ATTORNEY GENERAL [MAY] SHALL HAVE THE POWER AND
3 DUTY TO ENTER INTO RECIPROCITY AGREEMENTS WITH OTHER STATES
4 AND JURISDICTIONS PROVIDING FOR THE MUTUAL RECOGNITION OF
5 EACH STATE'S [LICENSE] OR OTHER JURISDICTION'S LICENSE OR
6 PERMIT TO CARRY A FIREARM. TO CARRY OUT THIS DUTY, THE
7 ATTORNEY GENERAL IS AUTHORIZED TO NEGOTIATE RECIPROCITY
8 AGREEMENTS AND GRANT RECOGNITION OF ANY STATE'S OR OTHER
9 JURISDICTION'S LICENSE OR PERMIT TO CARRY A FIREARM.
10 (2) THE ATTORNEY GENERAL SHALL REPORT TO THE GENERAL
11 ASSEMBLY WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THIS
12 PARAGRAPH AND ANNUALLY THEREAFTER ON THE AGREEMENTS WHICH
13 HAVE BEEN CONSUMMATED PURSUANT TO THIS SUBSECTION.
14 (3) RECIPROCITY AGREEMENTS SHALL NOT PROVIDE FOR
15 RECOGNITION OF another state's license to carry a firearm
16 which has been issued to a Pennsylvania resident who does not
17 possess a valid license to carry a firearm issued under this
18 section.
19 Section 2. This act shall take effect in 60 days. <--
20 (L) FIREARMS LICENSE VALIDATION SYSTEM.--THE COMMISSIONER <--
21 SHALL ESTABLISH A NATIONWIDE TOLL-FREE TELEPHONE NUMBER, KNOWN
22 AS THE FIREARMS LICENSE VALIDATION SYSTEM, WHICH SHALL BE
23 OPERATIONAL SEVEN DAYS PER WEEK, 24 HOURS PER DAY, FOR THE
24 PURPOSE OF RESPONDING TO LAW ENFORCEMENT INQUIRIES REGARDING THE
25 VALIDITY OF THE LICENSE OF ANY PENNSYLVANIA RESIDENT TO CARRY A
26 FIREARM. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY REGARDING
27 THE CONFIDENTIALITY OF INFORMATION UNDER THIS CHAPTER, INQUIRIES
28 TO THE SYSTEM REGARDING THE VALIDITY OF LICENSE NUMBERS MAY BE
29 MADE BY THE PENNSYLVANIA STATE POLICE OR OTHER LAW ENFORCEMENT
30 PERSONNEL. THE COMMISSIONER SHALL PROVIDE AN ORIGINATING AGENCY
20030H2046B4146 - 8 -
1 IDENTIFIER (ORI) NUMBER AND A TELEPHONE NUMBER FOR THE POINT OF
2 CONTACT FOR OTHER STATES AND OTHER JURISDICTIONS TO ASCERTAIN
3 THE STATUS OF AN INDIVIDUAL'S PENNSYLVANIA LICENSE TO CARRY A
4 FIREARM FOR ANY OTHER STATE OR JURISDICTION WHICH HAS ENTERED
5 INTO A RECIPROCITY AGREEMENT WITH THE COMMONWEALTH.
6 (M) INQUIRIES.--THE ATTORNEY GENERAL SHALL, NOT LATER THAN
7 30 DAYS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION AND NOT LESS
8 THAN ONCE ANNUALLY, MAKE WRITTEN INQUIRY OF THE APPROPRIATE
9 AUTHORITIES IN ANY OTHER STATE WHICH DOES NOT HAVE A CURRENT
10 RECIPROCITY AGREEMENT WITH THE COMMONWEALTH AS TO WHETHER A
11 RESIDENT OF THIS COMMONWEALTH MAY CARRY A CONCEALED FIREARM IN
12 THAT STATE OR WITHIN A JURISDICTION WITHIN THAT STATE BASED UPON
13 HAVING A VALID PENNSYLVANIA LICENSE TO CARRY A FIREARM OR
14 WHETHER A RESIDENT OF THIS COMMONWEALTH MAY APPLY FOR A
15 CONCEALED FIREARM CARRYING LICENSE OR PERMIT IN THAT STATE OR IN
16 A JURISDICTION WITHIN THE STATE BASED UPON HAVING A VALID
17 PENNSYLVANIA LICENSE TO CARRY A FIREARM. THE ATTORNEY GENERAL
18 SHALL MAINTAIN A CURRENT LIST OF THOSE STATES WHICH HAVE A
19 RECIPROCITY AGREEMENT WITH THE COMMONWEALTH, THOSE STATES AND
20 JURISDICTIONS WHICH ALLOW RESIDENTS OF THIS COMMONWEALTH TO
21 CARRY A CONCEALED FIREARM BASED UPON HAVING A VALID PENNSYLVANIA
22 LICENSE TO CARRY A FIREARM AND THOSE STATES AND JURISDICTIONS
23 WHICH ALLOW RESIDENTS OF THIS COMMONWEALTH TO APPLY FOR A
24 CONCEALED FIREARM CARRYING LICENSE OR PERMIT BASED UPON A VALID
25 PENNSYLVANIA LICENSE TO CARRY A FIREARM. THIS LIST SHALL BE
26 POSTED ON THE INTERNET, PROVIDED TO THE COMMISSIONER, AND MADE
27 AVAILABLE TO THE PUBLIC UPON REQUEST.
28 SECTION 3. THE PENNSYLVANIA COMMISSION ON CRIME AND
29 DELINQUENCY SHALL SUBMIT A REPORT TO THE GENERAL ASSEMBLY THREE
30 YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION ON THE PROGRESS
20030H2046B4146 - 9 -
1 OF THE FIREARMS LICENSE TO CARRY MODERNIZATION FUND.
2 SECTION 4. A LICENSE TO CARRY A FIREARM ISSUED PRIOR TO THE
3 EFFECTIVE DATE OF THE AMENDMENT OF 18 PA.C.S. § 6109(E)(3) SHALL
4 BE VALID UNTIL SUCH TIME AS THE EXPIRATION DATE OF THE LICENSE.
5 SECTION 5. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
6 (1) THE AMENDMENT OF 18 PA.C.S. § 6109(E)(3) SHALL TAKE
7 EFFECT UPON PUBLICATION OF THE NOTICE UNDER 18 PA.C.S. §
8 6109(H)(2) OR FIVE YEARS FOLLOWING THE EFFECTIVE DATE OF THE
9 ADDITION OF 18 PA.C.S. § 6109(H)(2), WHICHEVER OCCURS FIRST.
10 (2) THE AMENDMENT OF 18 PA.C.S. § 6109(H) SHALL TAKE
11 EFFECT IN 60 DAYS.
12 (3) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
13 IMMEDIATELY:
14 (I) THIS SECTION.
15 (II) SECTION 4 OF THIS ACT.
16 (4) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 90
17 DAYS.
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