THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WATERS, JOSEPHS, M. O'BRIEN AND STURLA, MARCH 17, 2011

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 17, 2011  

AN ACT

Providing for child firearm safety lock mechanisms.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Child Firearm

Safety Lock Act.

Section 2.  Purposes.

The purposes of this act are as follows:

(1)  To promote the safe storage and use of handguns by

consumers.

(2)  To prevent unauthorized persons from gaining access

to or use of a handgun, including children who may not be in

possession of a handgun.

(3)  To avoid hindering industry from supplying law-

abiding citizens with firearms for all lawful purposes,

including hunting, self-defense, collecting and competitive

or recreational shooting.

Section 3.  Definitions.

As used in this act, the following words and phrases shall

have the meanings given to them in this section:

"Licensee."  A licensed manufacturer, importer or dealer of

firearms.

"Locking device."  Includes the following:  

(1)  A device that, if installed on a firearm and secured

by means of a key or a mechanically, electronically or

electromechanically operated combination lock, prevents the

firearm from being discharged without first deactivating or

removing the device.

(2)  A locking mechanism incorporated into the design of

a firearm that prevents discharge of the firearm by a person

who does not have access to the key or other device designed

to unlock the mechanism.

Section 4.  Locking device for firearms.

It shall be unlawful for a licensee to sell, deliver or

transfer a firearm to a person other than another licensee

unless the transferee is provided with or purchases a locking

device for that firearm.

Section 5.  Exceptions.

The following firearms are not subject to the provisions of

this act:

(1)  Firearms for transfer to or possession by a law

enforcement officer employed by any Federal, State or local

government entity or rail police employed and certified by a

rail carrier as a police officer whether on or off duty.

(2)  Firearms for transfer to a person if the firearm

qualifies as an antique firearm under 18 Pa.C.S. § 6118 

(relating to antique firearms).

(3)  Firearms for transfer to a person for which a safety

device is temporarily unavailable, provided that the licensed

manufacturer, licensed importer or licensed dealer delivers

to the transferee within 14 calendar days of the original

date of the delivery of the firearm a safety device for the

firearm.

Section 6.  Penalties.

Failure to comply with the provisions of this act may result

in:

(1)  Suspension or revocation of any license issued to a

licensee.

(2)  A civil penalty for any licensee of not more than

$10,000.

Section 7.  Civil immunity.

A person who has lawful possession and control of a firearm

and who uses a safety device with the firearm shall be entitled

to immunity from civil liability for damages resulting from the

criminal or unlawful misuse of the firearm by a third party if:

(1)  the firearm was accessed by another person who did

not have the permission or authorization of the person having

lawful possession and control of the firearm to have access

to it; and

(2)  at the time access was gained by the person not so

authorized, the firearm had been made inoperable by use of a

safety device.

Section 8.  Effective date.

This act shall take effect in 60 days.