1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, providing for large capacity
3ammunition magazine permit and for large capacity ammunition
4magazines prohibition; authorizing the Attorney General to
5issue permits; and imposing penalties.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Title 18 of the Pennsylvania Consolidated
9Statutes is amended by adding sections to read:

10§ 6121.1. Large capacity ammunition magazine permit.

11Upon showing good cause, the Attorney General may issue a
12permit for the sale, offering or exposing for sale, use,
13purchase, possession or control of a large capacity ammunition
14magazine to a person seeking to qualify for an exception to the
15prohibition under section 6121.2 (related to large capacity
16ammunition magazines prohibition).

17§ 6121.2. Large capacity ammunition magazines prohibition.

18(a) Offense defined.--Except as set forth in subsection (b),

1a person commits an offense if the person does the following:

2(1) sells, offers or exposes for sale a large capacity
3ammunition magazine; or

4(2) uses, purchases, possesses or otherwise controls a
5large capacity ammunition magazine.

6(b) Exceptions.--Subsection (a) does not apply to the
7following:

8(1) the use, possession and control of a large capacity
9ammunition magazine by a person who legally possessed the
10large capacity ammunition magazine prior to the effective
11date of this section;

12(2) the sale, offering or exposing for sale, use,
13purchase, possession and control of a large capacity
14ammunition magazine by a person who is a government officer,
15agent or employee, or a member of the armed forces of the
16United States, the National Guard or a peace officer, to the
17extent that the person is authorized by the government to
18sell, offer or expose for sale, use, purchase, possess or
19control a large capacity ammunition magazine and, consistent
20with the authorization, does so while acting within the scope
21of the person's duties;

22(3) the purchase, possession and control of a large
23capacity ammunition magazine by a Federal, State or local
24historical society, museum or institutional collection that
25is open to the public provided the large capacity ammunition
26magazine is properly housed, secured from unauthorized
27handling and unloaded;

28(4) the possession and control of a large capacity
29ammunition magazine by a person who finds a large capacity
30ammunition magazine, if the person is not prohibited from

1possessing firearms or ammunition under Federal or State law,
2and the person possesses or controls the large capacity
3magazine no longer than is necessary to deliver or transport
4the same to a law enforcement agency for the agency's
5disposition according to law;

6(5) the sale, offering or exposing for sale, use,
7purchase, possession and control of a large capacity
8ammunition magazine by a person who:

9(i) is authorized under the laws of the United
10States and this Commonwealth to sell firearms; and

11(ii) possesses a valid permit issued under section
126121.1 (relating to large capacity ammunition magazine
13permit) authorizing the person to use, purchase, possess
14and control a large capacity ammunition magazine for the
15use and benefit of the person's business and to sell,
16offer or expose for sale a large capacity ammunition
17magazine to a person permitted to sell, offer or expose
18for sale, use, purchase, possess or control a large
19capacity ammunition magazine;

20(6) the sale, offering or exposing for sale, use,
21purchase, possession and control of a large capacity
22ammunition magazine by a person who:

23(i) is authorized under the laws of the United
24States and this Commonwealth to manufacture a large
25capacity ammunition magazine; and

26(ii) possesses a valid permit issued under section
276121.1 authorizing the person to sell, offer or expose
28for sale, use, purchase, possess and control a large
29capacity ammunition magazine for the use and benefit of
30the person's business;

1(7) the use, purchase, possession and control of a large
2capacity ammunition magazine by an armored vehicle business
3that possesses a valid permit issued under section 6121.1
4authorizing the business to use, purchase, possess and
5control a large capacity ammunition magazine for purposes
6pertaining to the armored vehicle business if the activity
7authorized under the permit is conducted by either:

8(i) a person who operates an armored vehicle
9business under the laws of this Commonwealth; or

10(ii) an authorized employee of the person under
11subparagraph (i), while in the course and scope of
12employment, for purposes pertaining to the armored
13vehicle business;

14(8) the use, purchase, possession and control of a large
15capacity ammunition magazine by a private forensic laboratory
16and an authorized employee of the laboratory, while in the
17course and scope of employment, for purposes pertaining to
18the forensic activities of the laboratory, provided the
19private forensic laboratory possesses a valid permit issued
20under section 6121.1 authorizing the laboratory to use,
21purchase, possess and control a large capacity ammunition
22magazine for purposes pertaining to the forensic activities
23of the laboratory;

24(9) the use, possession and control of a large capacity
25ammunition magazine by a gunsmith who possesses a valid
26permit issued under section 6121.1 authorizing the gunsmith
27to use, possess and control a large capacity ammunition
28magazine for the purposes of maintenance, repair or
29modification of the large capacity ammunition magazine;

30(10) (i) the use, purchase, possession and control of a

1large capacity ammunition magazine by a motion picture or
2television production company as a prop in a motion
3picture or television production provided the motion
4picture or television production company possesses a
5valid permit issued under section 6121.1 authorizing the
6production company to use, purchase, possess or control a
7large capacity ammunition magazine as a prop; and

8(ii) the use, possession and control of the large
9capacity ammunition magazine as a prop by an employee of
10the motion picture or television production while in the
11course and scope of employee's employment;

12(11) the purchase, possession and control of a large
13capacity ammunition magazine by a for-profit or not-for-
14profit shooting range that possesses a valid permit issued
15under section 6121.1 authorizing the shooting range to
16purchase, possess and control a large capacity ammunition
17magazine in order to make the magazine available to a patron
18or member of the shooting range who has written authorization
19from the shooting range to use, possess and control the
20magazine while at the shooting range provided that, when not
21in use, the large capacity ammunition magazine is properly
22housed, secured from unauthorized handling and unloaded; or

23(12) the use, possession and control of a large capacity
24ammunition magazine by a patron or member of a shooting range
25that satisfied the grounds for exception under paragraph (11)
26who is authorized in writing by the shooting range to use,
27possess and control the range's large capacity ammunition
28magazine while at the shooting range.

29(c) Penalty.--

30(1) An offense under subsection (a)(1) is a misdemeanor

1of the second degree.

2(2) An offense under subsection(a)(2) shall be graded as
3follows:

4(i) A first offense is a misdemeanor punishable by
5up to 6 months imprisonment and a fine of $300.

6(ii) A second or subsequent offense under this
7section is a misdemeanor of the second degree.

8(d) Definition.--As used in this section, the term "large
9capacity ammunition magazine" means a box, drum, tube, feed
10strip, container or other device that is capable of accepting or
11may be readily restored or converted to accept more than 15
12rounds of ammunition or five shotgun shells to be fed
13continuously and directly from the device into a firearm. The
14term does not include a device that:

15(1) has been permanently altered so that it may not
16accommodate more than 15 rounds of ammunition or more than
17five shotgun shells; or

18(2) a tubular magazine device that is contained or used
19in a lever-action firearm or single-action only firearm.

20Section 2. This act shall take effect in 60 days.