THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY TURZAI, BAKER, BARRAR, BEAR, BELFANTI, BENNINGHOFF, BEYER, BOBACK, BOYD, BROOKS, CAUSER, CHRISTIANA, CLYMER, COX, CREIGHTON, CUTLER, DALLY, DELOZIER, DENLINGER, ELLIS, D. EVANS, EVERETT, FAIRCHILD, FLECK, GABIG, GABLER, GEIST, GEORGE, GIBBONS, GILLESPIE, GINGRICH, GOODMAN, GRELL, GROVE, HALUSKA, HARHART, HARRIS, HELM, HESS, HORNAMAN, HUTCHINSON, KAUFFMAN, M. KELLER, KORTZ, KOTIK, KRIEGER, MAJOR, MARSHALL, MENSCH, METCALFE, METZGAR, MILLARD, MILLER, MOUL, MUSTIO, OBERLANDER, PAYNE, PEIFER, PERRY, PHILLIPS, PICKETT, PYLE, QUIGLEY, RAPP, REED, REESE, REICHLEY, ROAE, ROCK, ROHRER, SAYLOR, SCAVELLO, SCHRODER, SEIP, SIPTROTH, S. H. SMITH, SOLOBAY, SONNEY, STERN, STEVENSON, SWANGER, TALLMAN, VEREB, VULAKOVICH, WANSACZ AND WHITE, APRIL 23, 2009

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 23, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in firearms and other dangerous

articles, further providing for firearms not to be carried

without a license.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6106(b) of Title 18 of the Pennsylvania

Consolidated Statutes, amended October 17, 2008 (P.L.1628,

No.131), is amended to read:

§ 6106.  Firearms not to be carried without a license.

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(b)  Exceptions.--The provisions of subsection (a) shall not

apply to:

(1)  Constables, sheriffs, prison or jail wardens, or

their deputies, policemen of this Commonwealth or its

political subdivisions, or other law-enforcement officers.

(2)  Members of the army, navy, marine corps, air force

or coast guard of the United States or of the National Guard

or organized reserves when on duty.

(3)  The regularly enrolled members of any organization

duly organized to purchase or receive such firearms from the

United States or from this Commonwealth.

[(4)  Any persons engaged in target shooting with a

firearm, if such persons are at or are going to or from their

places of assembly or target practice and if, while going to

or from their places of assembly or target practice, the

firearm is not loaded.]

(5)  Officers or employees of the United States duly

authorized to carry a concealed firearm.

(6)  Agents, messengers and other employees of common

carriers, banks, or business firms, whose duties require them

to protect moneys, valuables and other property in the

discharge of such duties.

(7)  Any person engaged in the business of manufacturing,

repairing, or dealing in firearms, or the agent or

representative of any such person, having in his possession,

using or carrying a firearm in the usual or ordinary course

of such business.

[(8)  Any person while carrying a firearm which is not

loaded and is in a secure wrapper from the place of purchase

to his home or place of business, or to a place of repair,

sale or appraisal or back to his home or place of business,

or in moving from one place of abode or business to another

or from his home to a vacation or recreational home or

dwelling or back, or to recover stolen property under section

6111.1(b)(4) (relating to Pennsylvania State Police), or to a

place of instruction intended to teach the safe handling, use

or maintenance of firearms or back or to a location to which

the person has been directed to relinquish firearms under 23

Pa.C.S. § 6108 (relating to relief) or back upon return of

the relinquished firearm or to a licensed dealer's place of

business for relinquishment pursuant to 23 Pa.C.S. § 6108.2 

(relating to relinquishment for consignment sale, lawful

transfer or safekeeping) or back upon return of the

relinquished firearm or to a location for safekeeping

pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment

to third party for safekeeping) or back upon return of the

relinquished firearm.]

(9)  Persons licensed to hunt, take furbearers or fish in

this Commonwealth, if such persons are actually hunting,

taking furbearers or fishing as permitted by such license, or

are going to the places where they desire to hunt, take

furbearers or fish or returning from such places.

(10)  Persons training dogs, if such persons are actually

training dogs during the regular training season.

(11)  Any person while carrying a firearm in any vehicle,

which person possesses a valid and lawfully issued license

for that firearm which has been issued under the laws of the

United States or any other state.

(12)  A person who has a lawfully issued license to carry

a firearm pursuant to section 6109 (relating to licenses) and

that said license expired within six months prior to the date

of arrest and that the individual is otherwise eligible for

renewal of the license.

(13)  Any person who is otherwise eligible to possess a

firearm under this chapter and who is operating a motor

vehicle which is registered in the person's name or the name

of a spouse or parent and which contains a firearm for which

a valid license has been issued pursuant to section 6109 to

the spouse or parent owning the firearm.

[(14)  A person lawfully engaged in the interstate

transportation of a firearm as defined under 18 U.S.C. §

921(a)(3) (relating to definitions) in compliance with 18

U.S.C. § 926A (relating to interstate transportation of

firearms).]

(15)  Any person who possesses a valid and lawfully

issued license or permit to carry a firearm which has been

issued under the laws of another state, regardless of whether

a reciprocity agreement exists between the Commonwealth and

the other state under section 6109(k), provided[:

(i)  The] the other state provides a reciprocal

privilege for individuals licensed to carry firearms

under section 6109.

[(ii)  The Attorney General has determined that the

firearm laws of the state are similar to the firearm laws

of this Commonwealth.]

(16)  Any person holding a license in accordance with

section 6109(f)(3).

(17)  Any person who is not otherwise prohibited from

possessing, using, controlling, selling, transferring or

manufacturing a firearm shall be entitled to transport a

firearm for any lawful purpose if, during such

transportation, the firearm is not loaded.

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Section 2. This act shall take effect in 60 days.