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                                                        PRINTER'S NO. 45

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 20 Session of 2007


        INTRODUCED BY D. EVANS, GERBER, CALTAGIRONE, JAMES, MYERS,
           WHEATLEY, WILLIAMS, BENNINGTON, BISHOP, COHEN, CRUZ, CURRY,
           FRANKEL, GALLOWAY, JOSEPHS, KIRKLAND, LEACH, M. O'BRIEN,
           PASHINSKI AND ROEBUCK, JANUARY 30, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 30, 2007

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for the offense of access to
     3     firearms by minors; and imposing penalties.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 18 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 6302.1.  Access to firearms by minors.
     9     (a)  Storage requirements.--
    10         (1)  A person who stores or leaves a firearm on premises
    11     under his control and who knows or reasonably should know
    12     that a minor is likely to gain access to the firearm without
    13     the lawful permission of the minor's parent or the person
    14     having charge of the minor or without the supervision
    15     required by law shall:
    16             (i)  keep the firearm in a securely locked box or
    17         container or in a location which a reasonable person


     1         would believe to be secure; or
     2             (ii)  secure the firearm with a trigger lock, except
     3         when he is carrying the firearm on his body or within
     4         such close proximity thereto that he can retrieve and use
     5         it as easily and quickly as if he carried it on his body.
     6         (2)  A violation of this subsection only occurs if the
     7     firearm so stored or left on the premises is used in the
     8     commission of a crime.
     9         (3)  This subsection does not apply if the minor obtains
    10     the firearm as a result of an unlawful entry by any person.
    11     (b)  Grading.--
    12         (1)  Except as otherwise provided in paragraph (2), a
    13     violation of subsection (a) constitutes a misdemeanor of the
    14     third degree.
    15         (2)  (i)  A violation of subsection (a) that results in
    16         the use of a firearm by a minor and the injury or death
    17         of any person constitutes a felony of the third degree.
    18             (ii)  This paragraph shall not apply in any of the
    19         following circumstances:
    20                 (A)  The firearm is stored or left in a securely
    21             locked box or container or in a location which a
    22             person would reasonably believe to be secure or is
    23             securely locked with a trigger lock.
    24                 (B)  The minor obtains the firearm as a result of
    25             an unlawful entry by any person.
    26                 (C)  The injuries result from target or sport
    27             shooting accidents or hunting accidents.
    28                 (D)  The minor's possession of a firearm is
    29             incidental to the performance of official duties of
    30             the United States Armed Forces, the Pennsylvania
    20070H0020B0045                  - 2 -     

     1             National Guard or the personnel of any Federal, State
     2             or local law enforcement agency.
     3     (c)  Notice by retailer.--
     4         (1)  Any person who offers for sale at retail any firearm
     5     shall post in a conspicuous place the following notice:
     6             It is unlawful to store or leave a firearm in any
     7             place within the reach or easy access of a minor.
     8         (2)  Any person who offers for sale at retail any firearm
     9     shall notify the purchaser of the availability of a trigger
    10     lock.
    11         (3)  A violation of paragraph (1) constitutes a
    12     misdemeanor of the third degree.
    13     Section 2.  This act shall take effect in 60 days.












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