PRIOR PRINTER'S NO. 1517 PRINTER'S NO. 1614
No. 1273 Session of 2005
INTRODUCED BY CREIGHTON, BALDWIN, CALTAGIRONE, GEIST,
R. STEVENSON, WILT, READSHAW, CAPPELLI, McILHATTAN, PHILLIPS,
TIGUE, HARHAI, HERSHEY, HARRIS, GOOD, ROHRER, HESS,
ARMSTRONG, GERGELY AND CRAHALLA, APRIL 6, 2005
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 12, 2005
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the offense of
3 firearms not to be carried without a license.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6106(b) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 6106. Firearms not to be carried without a license.
9 * * *
10 (b) Exceptions.--The provisions of subsection (a) shall not
11 apply to:
12 (1) Constables, sheriffs, prison or jail wardens, or
13 their deputies, policemen of this Commonwealth or its
14 political subdivisions, or other law-enforcement officers.
15 (2) Members of the army, navy [or], marine corps, air
16 force or coast guard of the United States or of the National
17 Guard or organized reserves when on duty.
1 (3) The regularly enrolled members of any organization
2 duly organized to purchase or receive such [weapons] firearms
3 from the United States or from this Commonwealth.
4 (4) Any persons engaged in target shooting with [rifle,
5 pistol, or revolver] a firearm, if such persons are at or are
6 going to or from their places of assembly or target practice
7 and if, while going to or from their places of assembly or
8 target practice, the firearm is not loaded and the cartridges
9 or shells are carried in a separate container [and the rifle,
10 pistol or revolver is unloaded].
11 (5) Officers or employees of the United States duly
12 authorized to carry a concealed firearm.
13 (6) Agents, messengers and other employees of common
14 carriers, banks, or business firms, whose duties require them
15 to protect moneys, valuables and other property in the
16 discharge of such duties.
17 (7) Any person engaged in the business of manufacturing,
18 repairing, or dealing in firearms, or the agent or
19 representative of any such person, having in his possession,
20 using or carrying a firearm in the usual or ordinary course
21 of such business.
22 (8) Any person while carrying a firearm [unloaded and]
23 which is not loaded and is in a secure wrapper from the place
24 of purchase to his home or place of business, or to a place
25 of repair or back to his home or place of business, or in
26 moving from one place of abode or business to another or from
27 his home to a vacation or recreational home or dwelling or
28 back, or to recover stolen property under section
29 6111.1(b)(4) (relating to Pennsylvania State Police) or to a
30 location to which the person has been directed to surrender
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1 firearms under 23 Pa.C.S. § 6108 (relating to relief) or back
2 upon return of the surrendered firearm.
3 (9) Persons licensed to hunt, take furbearers or fish in
4 this Commonwealth, if such persons are actually hunting,
5 taking furbearers or fishing as permitted by such license, or
6 are going to the places where they desire to hunt, take
7 furbearers or fish or returning from such places.
8 (10) Persons training dogs, if such persons are actually
9 training dogs during the regular training season.
10 (11) Any person while carrying a firearm in any vehicle,
11 which person possesses a valid and lawfully issued license
12 for that firearm which has been issued under the laws of the
13 United States or any other state.
14 (12) A person who has a lawfully issued license to carry
15 a firearm pursuant to section 6109 (relating to licenses) and
16 that said license expired within six months prior to the date
17 of arrest and that the individual is otherwise eligible for
18 renewal of the license.
19 (13) Any person who is otherwise eligible to possess a
20 firearm under this chapter and who is operating a motor
21 vehicle which is registered in the person's name or the name
22 of a spouse or parent and which contains a firearm for which
23 a valid license has been issued pursuant to section 6109 to
24 the spouse or parent owning the firearm.
25 (14) A PERSON LAWFULLY ENGAGED IN THE INTERSTATE <--
26 TRANSPORTATION OF A FIREARM AS DEFINED UNDER 18 U.S.C. §
27 921(A)(3) (RELATING TO DEFINITIONS) IN COMPLIANCE WITH 18
28 U.S.C. § 926A (RELATING TO INTERSTATE TRANSPORTATION OF
29 FIREARMS).
30 For purposes of paragraphs (3), (4), (5), (7) and (8), the term
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1 "firearm" shall include any weapon which is designed to or may
2 readily be converted to expel any projectile by the action of an
3 explosive or the frame or receiver of the weapon.
4 * * *
5 Section 2. This act shall take effect in 60 days.
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