AN ACT

 

1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, further providing for the carrying of
3firearms.

4The General Assembly finds that:

5(1) The laws in existence regulating firearms ownership,
6possession and use are ineffectual in preventing crime and
7only interfere with the natural rights of law abiding
8citizens.

9(2) It is necessary to codify the inherent right to the
10carrying of firearms, whether openly or concealed, and that
11the right to self-defense is an inherent natural right that
12shall not be questioned as stated in section 21 of Article I
13of the Constitution of the Commonwealth of Pennsylvania.

14The General Assembly of the Commonwealth of Pennsylvania
15hereby enacts as follows:

16Section 1. Section 103 of Title 18 of the Pennsylvania
17Consolidated Statutes is amended by adding a definition to read:

1§ 103. Definitions.

2Subject to additional definitions contained in subsequent
3provisions of this title which are applicable to specific
4provisions of this part, the following words and phrases when
5used in this title shall have, unless the context clearly
6indicates otherwise, the meanings given to them in this section:

7* * *

8"Lawful purpose." The term includes possession for the
9purpose of self-defense or the exercise of reasonable force in
10defense of the person or the person's property under Chapter 5
11(relating to general principles of justification).

12* * *

13Section 2. Section 908(c) of Title 18 is amended to read:

14§ 908. Prohibited offensive weapons.

15* * *

16(c) Definitions.--As used in this section, the following
17words and phrases shall have the meanings given to them in this
18subsection:

19"Firearm." Any weapon which is designed to or may readily be
20converted to expel any projectile by the action of an explosive
21or the frame or receiver of any such weapon.

22"Offensive weapons." Any bomb, grenade, machine gun, sawed-
23off shotgun with a barrel less than 18 inches, firearm specially
24made or specially adapted for concealment or silent discharge,
25any blackjack, sandbag, metal knuckles, [dagger, knife, razor or
26cutting instrument, the blade of which is exposed in an
27automatic way by switch, push-button, spring mechanism, or
28otherwise,] any stun gun, stun baton, taser or other electronic
29or electric weapon or other implement for the infliction of
30serious bodily injury which serves no [common] lawful purpose.

1* * *

2Section 3. Section 6106 of Title 18 is repealed:

3[§ 6106. Firearms not to be carried without a license.

4(a) Offense defined.--

5(1) Except as provided in paragraph (2), any person who
6carries a firearm in any vehicle or any person who carries a
7firearm concealed on or about his person, except in his place
8of abode or fixed place of business, without a valid and
9lawfully issued license under this chapter commits a felony
10of the third degree.

11(2) A person who is otherwise eligible to possess a
12valid license under this chapter but carries a firearm in any
13vehicle or any person who carries a firearm concealed on or
14about his person, except in his place of abode or fixed place
15of business, without a valid and lawfully issued license and
16has not committed any other criminal violation commits a
17misdemeanor of the first degree.

18(b) Exceptions.--The provisions of subsection (a) shall not
19apply to:

20(1) Constables, sheriffs, prison or jail wardens, or
21their deputies, policemen of this Commonwealth or its
22political subdivisions, or other law-enforcement officers.

23(2) Members of the army, navy, marine corps, air force
24or coast guard of the United States or of the National Guard
25or organized reserves when on duty.

26(3) The regularly enrolled members of any organization
27duly organized to purchase or receive such firearms from the
28United States or from this Commonwealth.

29(4) Any persons engaged in target shooting with a
30firearm, if such persons are at or are going to or from their

1places of assembly or target practice and if, while going to
2or from their places of assembly or target practice, the
3firearm is not loaded.

4(5) Officers or employees of the United States duly
5authorized to carry a concealed firearm.

6(6) Agents, messengers and other employees of common
7carriers, banks, or business firms, whose duties require them
8to protect moneys, valuables and other property in the
9discharge of such duties.

10(7) Any person engaged in the business of manufacturing,
11repairing, or dealing in firearms, or the agent or
12representative of any such person, having in his possession,
13using or carrying a firearm in the usual or ordinary course
14of such business.

15(8) Any person while carrying a firearm which is not
16loaded and is in a secure wrapper from the place of purchase
17to his home or place of business, or to a place of repair,
18sale or appraisal or back to his home or place of business,
19or in moving from one place of abode or business to another
20or from his home to a vacation or recreational home or
21dwelling or back, or to recover stolen property under section
226111.1(b)(4) (relating to Pennsylvania State Police), or to a
23place of instruction intended to teach the safe handling, use
24or maintenance of firearms or back or to a location to which
25the person has been directed to relinquish firearms under 23
26Pa.C.S. § 6108 (relating to relief) or back upon return of
27the relinquished firearm or to a licensed dealer's place of
28business for relinquishment pursuant to 23 Pa.C.S. § 6108.2
29(relating to relinquishment for consignment sale, lawful
30transfer or safekeeping) or back upon return of the

1relinquished firearm or to a location for safekeeping
2pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment
3to third party for safekeeping) or back upon return of the
4relinquished firearm.

5(9) Persons licensed to hunt, take furbearers or fish in
6this Commonwealth, if such persons are actually hunting,
7taking furbearers or fishing as permitted by such license, or
8are going to the places where they desire to hunt, take
9furbearers or fish or returning from such places.

10(10) Persons training dogs, if such persons are actually
11training dogs during the regular training season.

12(11) Any person while carrying a firearm in any vehicle,
13which person possesses a valid and lawfully issued license
14for that firearm which has been issued under the laws of the
15United States or any other state.

16(12) A person who has a lawfully issued license to carry
17a firearm pursuant to section 6109 (relating to licenses) and
18that said license expired within six months prior to the date
19of arrest and that the individual is otherwise eligible for
20renewal of the license.

21(13) Any person who is otherwise eligible to possess a
22firearm under this chapter and who is operating a motor
23vehicle which is registered in the person's name or the name
24of a spouse or parent and which contains a firearm for which
25a valid license has been issued pursuant to section 6109 to
26the spouse or parent owning the firearm.

27(14) A person lawfully engaged in the interstate
28transportation of a firearm as defined under 18 U.S.C. §
29921(a)(3) (relating to definitions) in compliance with 18
30U.S.C. § 926A (relating to interstate transportation of

1firearms).

2(15) Any person who possesses a valid and lawfully
3issued license or permit to carry a firearm which has been
4issued under the laws of another state, regardless of whether
5a reciprocity agreement exists between the Commonwealth and
6the state under section 6109(k), provided:

7(i) The state provides a reciprocal privilege for
8individuals licensed to carry firearms under section
96109.

10(ii) The Attorney General has determined that the
11firearm laws of the state are similar to the firearm laws
12of this Commonwealth.

13(16) Any person holding a license in accordance with
14section 6109(f)(3).

15(c) Sportsman's firearm permit.--

16(1) Before any exception shall be granted under
17paragraph (b)(9) or (10) of this section to any person 18
18years of age or older licensed to hunt, trap or fish or who
19has been issued a permit relating to hunting dogs, such
20person shall, at the time of securing his hunting, furtaking
21or fishing license or any time after such license has been
22issued, secure a sportsman's firearm permit from the county
23treasurer. The sportsman's firearm permit shall be issued
24immediately and be valid throughout this Commonwealth for a
25period of five years from the date of issue for any legal
26firearm, when carried in conjunction with a valid hunting,
27furtaking or fishing license or permit relating to hunting
28dogs. The sportsman's firearm permit shall be in triplicate
29on a form to be furnished by the Pennsylvania State Police.
30The original permit shall be delivered to the person, and the

1first copy thereof, within seven days, shall be forwarded to
2the Commissioner of the Pennsylvania State Police by the
3county treasurer. The second copy shall be retained by the
4county treasurer for a period of two years from the date of
5expiration. The county treasurer shall be entitled to collect
6a fee of not more than $6 for each such permit issued, which
7shall include the cost of any official form. The Pennsylvania
8State Police may recover from the county treasurer the cost
9of any such form, but may not charge more than $1 for each
10official permit form furnished to the county treasurer.

11(2) Any person who sells or attempts to sell a
12sportsman's firearm permit for a fee in excess of that amount
13fixed under this subsection commits a summary offense.

14(d) Revocation of registration.--Any registration of a
15firearm under subsection (c) of this section may be revoked by
16the county treasurer who issued it, upon written notice to the
17holder thereof.

18(e) Definitions.--

19(1) For purposes of subsection (b)(3), (4), (5), (7) and
20(8), the term "firearm" shall include any weapon which is
21designed to or may readily be converted to expel any
22projectile by the action of an explosive or the frame or
23receiver of the weapon.

24(2) As used in this section, the phrase "place of
25instruction" shall include any hunting club, rifle club,
26rifle range, pistol range, shooting range, the premises of a
27licensed firearms dealer or a lawful gun show or meet.]

28Section 4. Title 18 is amended by adding a section to read:

29§ 6106.2. License not required.

30(a) Declaration.--Notwithstanding any other provision of

1law, every person present in this Commonwealth shall have an
2affirmative, fundamental and constitutional right to keep and
3bear firearms, including the right to carry openly or concealed,
4carry loaded or unloaded, transport, possess, use, acquire,
5purchase, transfer, inherit, buy, sell, give or otherwise
6dispose of or receive any firearm or self-defense device without
7a license, permission or restriction of any kind from or by this
8Commonwealth or any of its political subdivisions.

9(b) Optional license.--Obtaining a license to carry a
10firearm under this chapter shall be optional. The voluntary
11nature of the license shall not be construed to require that any
12person obtain a license to carry a firearm under this chapter.

13Section 5. Section 6108 of Title 18 is repealed:

14[§ 6108. Carrying firearms on public streets or public property
15in Philadelphia.

16No person shall carry a firearm, rifle or shotgun at any time
17upon the public streets or upon any public property in a city of
18the first class unless:

19(1) such person is licensed to carry a firearm; or

20(2) such person is exempt from licensing under section
216106(b) of this title (relating to firearms not to be carried
22without a license).]

23Section 6. Title 18 is amended by adding a section to read:

24§ 6108.1. Sportsman's firearm permit.

25(a) Permit allowed.--Any person 18 years of age or older who
26has been issued a hunting license, trapping license or fishing
27license or who has been issued a permit relating to hunting dogs
28may, at the time of obtaining his hunting, furtaking or fishing
29license or any time after the license has been issued, obtain a
30sportsman's firearm permit from the county treasurer.

1(b) Issuance.--The sportsman's firearm permit shall be
2issued immediately and shall be valid throughout this
3Commonwealth for a period of five years from the date of issue
4for any legal firearm when carried in conjunction with a valid
5hunting, furtaking or fishing license or permit relating to
6hunting dogs.

7(c) Form.--The sportsman's firearm permit shall be in
8triplicate on a form to be furnished by the Pennsylvania State
9Police. The original permit shall be delivered to the person,
10and a copy of the permit shall be forwarded to the Commissioner
11of the Pennsylvania State Police by the county treasurer within
12seven days of the date of delivery. A copy of the permit shall
13be retained by the county treasurer for a period of two years
14from the date of expiration.

15(d) Fee.--The county treasurer may collect a fee of not more
16than $6 for each permit issued, which shall include the cost of
17any official form. The Pennsylvania State Police may recover
18from the county treasurer the cost of the form, but may not
19charge more than $1 for each official permit form furnished to
20the county treasurer.

21(e) Offense.--Any person who sells or attempts to sell a
22sportsman's firearm permit for a fee in excess of the amount
23determined under this section commits a summary offense.

24Section 7. Section 6109(a), (b), (c), (d) introductory
25paragraph, (3), (4) and (5), (e)(1) introductory paragraph, (i),
26(v) and (vii), (3) introductory paragraph and (ii) and (4), (f)
27(2) and (4), (g), (h)(2), (3) and (4), (i.1) introductory
28paragraph and (1), (j) and (m.1)(1) introductory paragraph and
29(ii), (2), (3), (4), (7) and (9) of Title 18 are amended to
30read:

1§ 6109. Licenses.

2(a) Purpose of license.--[A license to carry a firearm shall
3be for the purpose of carrying a firearm concealed on or about
4one's person or in a vehicle throughout this Commonwealth.]

5(1) Due to every Commonwealth citizen having a
6fundamental constitutional right to keep and bear arms,
7obtaining a license under this section shall be optional. The
8voluntary nature of the license shall not be construed to
9relieve the issuing authority of the burden of proof for
10denying an application for a license. Issuance of a license
11under this section by the proper authority shall be prima
12facia evidence that law enforcement authorities have verified
13that the individual is qualified under the law and not
14prohibited from possessing firearms pursuant to section 6105
15(relating to persons not to possess, use, manufacture,
16control, sell or transfer firearms) or any other provision of
17law. Nothing in this section shall be construed to require
18that a person must obtain a license under this section in
19order to carry a concealed firearm.

20(2) The voluntary nature of a license to carry a firearm
21may not be construed to relieve the issuing authority of the
22burden of proof for denying an application for a license.
23Issuance of a license to carry a firearm under this section
24by the proper authority shall be prima facie evidence that
25law enforcement authorities have verified that the individual
26is qualified under the law and is not prohibited from
27possessing firearms under the laws of this Commonwealth.

28(3) A license to carry a firearm shall be available to
29those who wish to carry a firearm openly or concealed on or
30about one's person or in a vehicle and shall be valid

1throughout this Commonwealth.

2(4) A license to carry a firearm shall provide citizens
3of this Commonwealth with the ability to carry a firearm in
4any state that the Commonwealth maintains a reciprocal
5agreement for the mutual recognition of licenses to carry
6firearms.

7(b) Place of application.--An individual who is 21 years of
8age or older may apply to [a sheriff] the proper issuing 
9authority for a license to carry a firearm [concealed on or
10about his person or in a vehicle] within this Commonwealth. If
11the applicant is a resident of this Commonwealth, he shall make
12application with the sheriff of the county in which he resides
13or, if a resident of a city of the first class, with the chief
14of police of that city. If the applicant is not a resident of 
15this Commonwealth, he shall make application with the sheriff of 
16any county.

17(c) Form of application and content.--The application for a
18license to carry a firearm shall be uniform throughout this
19Commonwealth and shall be on a form prescribed by the
20[Pennsylvania State Police] Attorney General. The form may
21contain provisions, not exceeding one page, to assure compliance
22with this section. Issuing authorities shall use only the
23application form prescribed by the [Pennsylvania State Police]
24Attorney General. One of the following reasons for obtaining a
25firearm license shall be set forth in the application: self-
26defense, employment, hunting and fishing, target shooting, gun
27collecting or another proper reason. The application form shall
28be dated and signed by the applicant and shall contain the
29following statement:

30I have never been convicted of a crime that prohibits me

1from possessing or acquiring a firearm under Federal or
2State law. I am of sound mind and have never been
3involuntarily committed to a mental institution or if I 
4was involuntarily committed, the involuntary commitment 
5has been expunged. I hereby certify that the statements
6contained herein are true and correct to the best of my
7knowledge and belief. I understand that, if I knowingly
8make any false statements herein, I am subject to
9penalties prescribed by law. I authorize the [sheriff, or
10his designee, or, in the case of first class cities, the
11chief or head of the police department] issuing 
12authority, or his designee, to inspect only those records
13or documents relevant to information required for this
14application. If I am issued a license and knowingly
15become ineligible to legally possess or acquire firearms,
16I will promptly notify the [sheriff of the county in
17which I reside or, if I reside in a city of the first
18class, the chief of police of that city] issuing 
19authority.

20(d) [Sheriff to conduct] Pre-issuance investigation.--The
21[sheriff] issuing authority to whom the application is made
22shall:

23* * *

24[(3) investigate whether the applicant's character and
25reputation are such that the applicant will not be likely to
26act in a manner dangerous to public safety;]

27(4) investigate whether the applicant would be precluded
28from receiving a license under subsection (e)(1) or section
296105(h) [(relating to persons not to possess, use,
30manufacture, control, sell or transfer firearms)]; and

1(5) conduct a criminal background, juvenile delinquency
2and mental health check [following the procedures set forth
3in section 6111 (relating to sale or transfer of firearms),
4receive] by contacting the National Instant Criminal 
5Background Check System and must have received a unique
6approval number for that inquiry and record the date and
7number on the application.

8(e) Issuance of license.--

9(1) A license to carry a firearm shall be [for the
10purpose of carrying a firearm concealed on or about one's
11person or in a vehicle and shall be issued if,] issued after
12an investigation not to exceed [45] 14 calendar days, [it
13appears that the applicant is an individual concerning whom
14no] unless good cause exists to deny the license. A license
15shall not be issued to any of the following:

16[(i) An individual whose character and reputation is
17such that the individual would be likely to act in a
18manner dangerous to public safety.]

19* * *

20(v) An individual who is not of sound mind or who
21has ever been involuntarily committed to a mental
22institution, unless the involuntary commitment has been 
23expunged.

24* * *

25[(vii) An individual who is a habitual drunkard.]

26* * *

27(3) The license to carry a firearm shall be designed to
28be uniform throughout this Commonwealth and shall be in a
29form prescribed by the [Pennsylvania State Police] Attorney 
30General. The license shall bear the following:

1* * *

2(ii) The signature of the [sheriff] authority
3issuing the license.

4* * *

5(4) The [sheriff] issuing authority shall require a
6photograph of the licensee on the license. The photograph
7shall be in a form compatible with the Commonwealth Photo
8Imaging Network.

9* * *

10(f) Term of license.--

11* * *

12(2) At least 60 days prior to the expiration of each
13license, the issuing [sheriff] authority shall send to the
14licensee an application for renewal of license. Failure to
15receive a renewal application shall not relieve a licensee
16from the responsibility to renew the license.

17* * *

18[(4) Possession of a license, together with a copy of
19the person's military orders showing the dates of overseas
20deployment, including the date that the overseas deployment
21ends, shall constitute, during the extension period specified
22in paragraph (3), a defense to any charge filed pursuant to
23section 6106 (relating to firearms not to be carried without
24a license) or 6108 (relating to carrying firearms on public
25streets or public property in Philadelphia).]

26(g) Grant or denial of license.--Upon the receipt of an
27application for a license to carry a firearm, the [sheriff]
28issuing authority shall, within [45] 14 calendar days, issue or
29refuse to issue a license on the basis of the investigation
30under subsection (d) and the accuracy of the information

1contained in the application. If the [sheriff] issuing authority
2refuses to issue a license, the [sheriff] issuing authority
3shall notify the applicant in writing of the refusal and the
4specific reasons. The notice shall be sent by certified mail to
5the applicant at the address set forth in the application.

6(h) Fee.--

7* * *

8[(2) (i) The Pennsylvania Commission on Crime and
9Delinquency shall implement, within five years of the
10effective date of this paragraph, a system in conjunction
11with the Pennsylvania State Police and the Pennsylvania
12Sheriffs' Association to standardize and modernize the
13process of issuing licenses to carry firearms. Upon
14implementation of the system under this paragraph, the
15Pennsylvania Commission on Crime and Delinquency shall
16publish notice thereof in the Pennsylvania Bulletin.

17(ii) An additional temporary fee of $5 shall be
18remitted by the sheriff to the Firearms License to Carry
19Modernization Account, which is hereby established as a
20special restricted receipt account within the General
21Fund of the State Treasury. Moneys and investment income
22in the account shall be awarded as grants to sheriffs to
23implement the system, including grants to reimburse
24sheriffs for expenses incurred prior to the effective
25date of this paragraph.

26(iii) Moneys credited to the account and any
27investment income accrued are hereby appropriated on a
28continuing basis to the Pennsylvania Commission on Crime
29and Delinquency. The commission shall establish
30procedures related to the application process for and

1distribution of funds to sheriffs under this paragraph.
2Notwithstanding the provisions of subparagraph (ii), the
3commission may withhold annually an amount not exceeding
45% of the funds credited to the account in that fiscal
5year for the cost to implement the system under
6subparagraph (i) and for administrative costs directly
7related to the responsibilities of the commission under
8this paragraph.

9(iv) This paragraph shall expire five years after
10its effective date. Any surplus funds remaining in the
11account established in subparagraph (ii) at such time
12shall lapse into the General Fund.]

13(3) An additional fee of $1 shall be paid by the
14applicant for a license to carry a firearm and shall be
15remitted by the [sheriff] issuing authority to the Firearms
16License Validation System Account, which is hereby
17established as a special restricted receipt account within
18the General Fund of the State Treasury. The account shall be
19used for purposes under subsection (l). Moneys credited to
20the account and any investment income accrued are hereby
21appropriated on a continuing basis to the Pennsylvania State
22Police.

23(4) No fee other than that provided by this subsection
24or the Sheriff Fee Act may be assessed by the [sheriff]
25issuing authority for the performance of any background check
26made pursuant to this act.

27* * *

28(i.1) Notice to [sheriff] issuing authority.--
29Notwithstanding any statute to the contrary:

30(1) Upon conviction of a person for a crime specified in

1section 6105(a) or (b) or upon conviction of a person for a
2crime punishable by imprisonment exceeding one year or upon a
3determination that the conduct of a person meets the criteria
4specified in section 6105(c)(1), (2), (3), (5), (6) or (9),
5the court shall determine if the defendant has a license to
6carry firearms issued pursuant to this section. If the
7defendant has such a license, the court shall notify the
8[sheriff of the county in which that person resides] issuing 
9authority, on a form developed by the [Pennsylvania State
10Police] Attorney General, of the identity of the person and
11the nature of the crime or conduct which resulted in the
12notification. The notification shall be transmitted by the
13judge within seven days of the conviction or determination.

14* * *

15(j) Immunity.--[A sheriff] An issuing authority who complies
16in good faith with this section shall be immune from liability
17resulting or arising from the action or misconduct with a
18firearm committed by any individual to whom a license to carry a
19firearm has been issued.

20* * *

21(m.1) Temporary emergency licenses.--

22(1) A person seeking a temporary emergency license to
23carry a concealed firearm shall submit to the [sheriff]
24issuing authority of the county in which the person resides
25all of the following:

26* * *

27(ii) A sworn affidavit that contains the information
28required on an application for a license to carry a
29firearm and attesting that the person is 21 years of age
30or older, is not prohibited from owning firearms under

1section 6105 [(relating to persons not to possess, use,
2manufacture, control, sell or transfer firearms)] or any
3other Federal or State law and is not currently subject
4to a protection from abuse order or a protection order
5issued by a court of another state.

6* * *

7(2) Upon receipt of the items required under paragraph
8(1), the [sheriff] issuing authority immediately shall
9conduct a criminal history, juvenile delinquency and mental
10health record check of the applicant pursuant to section
116105. Immediately upon receipt of the results of the records
12check, the [sheriff] issuing authority shall review the
13information and shall determine whether the applicant meets
14the criteria set forth in this subsection. If the [sheriff]
15issuing authority determines that the applicant has met all
16of the criteria, the [sheriff] issuing authority shall
17immediately issue the applicant a temporary emergency license
18to carry a concealed firearm.

19(3) If the [sheriff] issuing authority refuses to issue
20a temporary emergency license, the [sheriff] issuing 
21authority shall specify the grounds for the denial in a
22written notice to the applicant. The applicant may appeal the
23denial or challenge criminal records check results that were
24the basis of the denial, if applicable, in the same manner as
25a denial of a license to carry a firearm under this section.

26(4) A temporary emergency license issued under this
27subsection shall be valid for 45 days and may not be renewed.
28A person who has been issued a temporary emergency license
29under this subsection shall not be issued another temporary
30emergency license unless at least five years have expired

1since the issuance of the prior temporary emergency license.
2During the 45 days the temporary emergency license is valid,
3the [sheriff] issuing authority shall conduct an additional
4investigation of the person for the purposes of determining
5whether the person may be issued a license pursuant to this
6section. If, during the course of this investigation, the
7[sheriff] issuing authority discovers any information that
8would have prohibited the issuance of a license pursuant to
9this section, the [sheriff] issuing authority shall be
10authorized to revoke the temporary emergency license as
11provided in subsection (i).

12* * *

13(7) [A sheriff] An issuing authority who issues a
14temporary emergency license to carry a firearm shall retain,
15for the entire period during which the temporary emergency
16license is in effect, the evidence of imminent danger that
17the applicant submitted to the [sheriff] issuing authority
18that was the basis for the license, or a copy of the
19evidence, as appropriate.

20* * *

21(9) Prior to the expiration of a temporary emergency
22license, if the [sheriff] issuing authority has determined
23pursuant to investigation that the person issued a temporary
24emergency license is not disqualified and if the temporary
25emergency license has not been revoked pursuant to subsection
26(i), the [sheriff] issuing authority shall issue a license
27pursuant to this section that is effective for the balance of
28the five-year period from the date of the issuance of the
29temporary emergency license. Records and all other
30information, duties and obligations regarding such licenses

1shall be applicable as otherwise provided in this section.

2* * *

3Section 8. Section 6122 of Title 18 is repealed:

4[§ 6122. Proof of license and exception.

5(a) General rule.--When carrying a firearm concealed on or
6about one's person or in a vehicle, an individual licensed to
7carry a firearm shall, upon lawful demand of a law enforcement
8officer, produce the license for inspection. Failure to produce
9such license either at the time of arrest or at the preliminary
10hearing shall create a rebuttable presumption of nonlicensure.

11(b) Exception.--An individual carrying a firearm on or about
12his person or in a vehicle and claiming an exception under
13section 6106(b) (relating to firearms not to be carried without
14a license) shall, upon lawful demand of a law enforcement
15officer, produce satisfactory evidence of qualification for
16exception.]

17Section 9. This act shall take effect in 60 days.