1Amending Titles 18 (Crimes and Offenses), 23 (Domestic
2Relations), 34 (Game), 42 (Judiciary and Judicial Procedure)
3and 61 (Prisons and Parole) of the Pennsylvania Consolidated
4Statutes, repealing and adding provisions relating to
5firearms and other dangerous articles; and making editorial
6changes.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Chapter 61 of Title 18 of the Pennsylvania
10Consolidated Statutes is repealed:

11[CHAPTER 61

12FIREARMS AND OTHER DANGEROUS ARTICLES

13Subchapter

14A. Uniform Firearms Act

15B. Firearms Generally

16C. Other Dangerous Articles

17D. Straw Purchase Prevention Education Program

18SUBCHAPTER A

19UNIFORM FIREARMS ACT

20Sec.

16101. Short title of subchapter.

26102. Definitions.

36103. Crimes committed with firearms.

46104. Evidence of intent.

56105. Persons not to possess, use, manufacture, control, sell
6or transfer firearms.

76105.1. Restoration of firearm rights for offenses under prior
8laws of this Commonwealth.

96106. Firearms not to be carried without a license.

106106.1. Carrying loaded weapons other than firearms.

116107. Prohibited conduct during emergency.

126108. Carrying firearms on public streets or public property in
13Philadelphia.

146109. Licenses.

156110.1. Possession of firearm by minor.

166110.2. Possession of firearm with altered manufacturer's
17number.

186111. Sale or transfer of firearms.

196111.1. Pennsylvania State Police.

206111.2. Firearm sales surcharge.

216111.3. Firearm Records Check Fund.

226111.4. Registration of firearms.

236111.5. Rules and regulations.

246112. Retail dealer required to be licensed.

256113. Licensing of dealers.

266114. Judicial review.

276115. Loans on, or lending or giving firearms prohibited.

286116. False evidence of identity.

296117. Altering or obliterating marks of identification.

306118. Antique firearms.

16119. Violation penalty.

26120. Limitation on the regulation of firearms and ammunition.

36121. Certain bullets prohibited.

46122. Proof of license and exception.

56123. Waiver of disability or pardons.

66124. Administrative regulations.

76125. Distribution of uniform firearm laws and firearm safety
8brochures.

96127. Firearm tracing.

10§ 6101. Short title of subchapter.

11This subchapter shall be known and may be cited as the
12Pennsylvania Uniform Firearms Act of 1995.

13§ 6102. Definitions.

14Subject to additional definitions contained in subsequent
15provisions of this subchapter which are applicable to specific
16provisions of this subchapter, the following words and phrases,
17when used in this subchapter shall have, unless the context
18clearly indicates otherwise, the meanings given to them in this
19section:

20"Commissioner." The Commissioner of the Pennsylvania State
21Police.

22"Commonwealth Photo Imaging Network." The computer network
23administered by the Commonwealth and used to record and store
24digital photographs of an individual's face and any scars,
25marks, tattoos or other unique features of the individual.

26"Conviction." A conviction, a finding of guilty or the
27entering of a plea of guilty or nolo contendere, whether or not
28judgment of sentence has been imposed, as determined by the law
29of the jurisdiction in which the prosecution was held. The term
30does not include a conviction which has been expunged or

1overturned or for which an individual has been pardoned unless
2the pardon expressly provides that the individual may not
3possess or transport firearms.

4"County treasurer." The county treasurer or, in home rule or
5optional plan counties, the person whose duties encompass those
6of a county treasurer.

7"Crime punishable by imprisonment exceeding one year." The
8term does not include any of the following:

9(1) Federal or State offenses pertaining to antitrust,
10unfair trade practices, restraints on trade or regulation of
11business.

12(2) State offenses classified as misdemeanors and
13punishable by a term of imprisonment not to exceed two years.

14"Firearm." Any pistol or revolver with a barrel length less
15than 15 inches, any shotgun with a barrel length less than 18
16inches or any rifle with a barrel length less than 16 inches, or
17any pistol, revolver, rifle or shotgun with an overall length of
18less than 26 inches. The barrel length of a firearm shall be
19determined by measuring from the muzzle of the barrel to the
20face of the closed action, bolt or cylinder, whichever is
21applicable.

22"Fund." The Firearm Ownership Fund established in section
236111.3 (relating to Firearm Ownership Fund).

24"Law enforcement officer." Any person employed by any police
25department or organization of the Commonwealth or political
26subdivision thereof who is empowered to effect an arrest with or
27without warrant and who is authorized to carry a firearm in the
28performance of that person's duties.

29"Loaded." A firearm is loaded if the firing chamber, the
30nondetachable magazine or, in the case of a revolver, any of the

1chambers of the cylinder contain ammunition capable of being
2fired. In the case of a firearm which utilizes a detachable
3magazine, the term shall mean a magazine suitable for use in
4said firearm which magazine contains such ammunition and has
5been inserted in the firearm or is in the same container or,
6where the container has multiple compartments, the same
7compartment thereof as the firearm. If the magazine is inserted 
8into a pouch, holder, holster or other protective device that 
9provides for a complete and secure enclosure of the ammunition, 
10then the pouch, holder, holster or other protective device shall 
11be deemed to be a separate compartment.

12"Pennsylvania Sheriffs' Association." The State association
13of sheriffs authorized by the act of June 14, 1923 (P.L.774, 
14No.305), entitled "An act authorizing the sheriffs of the
15several counties of this Commonwealth to organize themselves
16into a State Association, for the purpose of holding annual
17meetings, to secure more uniformity and cooperation in the
18conduct of their offices, and providing for the payment of
19certain expenses in connection with such meetings by the various
20counties."

21"Safekeeping permit." As defined in 23 Pa.C.S. § 6102
22(relating to definitions).

23"Sheriff."

24(1) Except as provided in paragraph (2), the sheriff of
25the county.

26(2) In a city of the first class, the chief or head of
27the police department.

28"State." When used in reference to different parts of the
29United States, includes the District of Columbia, the
30Commonwealth of Puerto Rico and territories and possessions of

1the United States.

2§ 6103. Crimes committed with firearms.

3If any person commits or attempts to commit a crime
4enumerated in section 6105 (relating to persons not to possess,
5use, manufacture, control, sell or transfer firearms) when armed
6with a firearm contrary to the provisions of this subchapter,
7that person may, in addition to the punishment provided for the
8crime, also be punished as provided by this subchapter.

9§ 6104. Evidence of intent.

10In the trial of a person for committing or attempting to
11commit a crime enumerated in section 6105 (relating to persons
12not to possess, use, manufacture, control, sell or transfer
13firearms), the fact that that person was armed with a firearm,
14used or attempted to be used, and had no license to carry the
15same, shall be evidence of that person's intention to commit the
16offense.

17§ 6105. Persons not to possess, use, manufacture, control, sell
18or transfer firearms.

19(a) Offense defined.--

20(1) A person who has been convicted of an offense
21enumerated in subsection (b), within or without this
22Commonwealth, regardless of the length of sentence or whose
23conduct meets the criteria in subsection (c) shall not
24possess, use, control, sell, transfer or manufacture or
25obtain a license to possess, use, control, sell, transfer or
26manufacture a firearm in this Commonwealth.

27(2) (i) A person who is prohibited from possessing,
28using, controlling, selling, transferring or
29manufacturing a firearm under paragraph (1) or subsection
30(b) or (c) shall have a reasonable period of time, not

1to exceed 60 days from the date of the imposition of the
2disability under this subsection, in which to sell or
3transfer that person's firearms to another eligible
4person who is not a member of the prohibited person's
5household.

6(ii) This paragraph shall not apply to any person
7whose disability is imposed pursuant to subsection (c)
8(6).

9(a.1) Penalty.--

10(1) A person convicted of a felony enumerated under
11subsection (b) or a felony under the act of April 14, 1972
12(P.L.233, No.64), known as The Controlled Substance, Drug,
13Device and Cosmetic Act, or any equivalent Federal statute or
14equivalent statute of any other state, who violates
15subsection (a) commits a felony of the second degree.

16(2) A person who is the subject of an active protection
17from abuse order issued pursuant to 23 Pa.C.S. § 6108
18(relating to relief), which order provided for the
19relinquishment of firearms, other weapons or ammunition
20during the period of time the order is in effect, commits a
21misdemeanor of the first degree if he intentionally or
22knowingly fails to relinquish a firearm, other weapon or
23ammunition to the sheriff as required by the order unless, in
24lieu of relinquishment, he provides an affidavit which lists
25the firearms, other weapons or ammunition to the sheriff in
26accordance with either 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2
27(relating to relinquishment for consignment sale, lawful
28transfer or safekeeping) or 6108.3 (relating to
29relinquishment to third party for safekeeping).

30(3) (i) A person commits a misdemeanor of the third

1degree if he intentionally or knowingly accepts
2possession of a firearm, other weapon or ammunition from
3a person he knows is the subject of an active protection
4from abuse order issued pursuant to 23 Pa.C.S. § 6108,
5which order provided for the relinquishment of the
6firearm, other weapon or ammunition during the period of
7time the order is in effect.

8(ii) This paragraph shall not apply to:

9(A) a third party who accepts possession of a
10firearm, other weapon or ammunition relinquished
11pursuant to 23 Pa.C.S. § 6108.3; or

12(B) a dealer licensed pursuant to section 6113
13(relating to licensing of dealers) or subsequent
14purchaser from a dealer licensed pursuant to section
156113, who accepts possession of a firearm, other
16weapon or ammunition relinquished pursuant to 23
17Pa.C.S. § 6108.2.

18(4) It shall be an affirmative defense to any
19prosecution under paragraph (3) that the person accepting
20possession of a firearm, other weapon or ammunition in
21violation of paragraph (3):

22(i) notified the sheriff as soon as practicable that
23he has taken possession; and

24(ii) relinquished possession of any firearm, other
25weapon or ammunition possessed in violation of paragraph
26(3) as directed by the sheriff.

27(5) A person who has accepted possession of a firearm,
28other weapon or ammunition pursuant to 23 Pa.C.S. § 6108.3
29commits a misdemeanor of the first degree if he intentionally
30or knowingly returns a firearm, other weapon or ammunition to

1a defendant or intentionally or knowingly allows a defendant
2to have access to the firearm, other weapon or ammunition
3prior to either of the following:

4(i) The sheriff accepts return of the safekeeping
5permit issued to the party pursuant to 23 Pa.C.S. §
66108.3(d)(1)(i).

7(ii) The issuance of a court order pursuant to
8subsection (f)(2) or 23 Pa.C.S. § 6108.1(b) (relating to
9return of relinquished firearms, other weapons and
10ammunition and additional relief) which modifies a valid
11protection from abuse order issued pursuant to 23 Pa.C.S.
12§ 6108, which order provided for the relinquishment of
13the firearm, other weapon or ammunition by allowing the
14defendant to take possession of the firearm, other weapon
15or ammunition that had previously been ordered
16relinquished.

17(b) Enumerated offenses.--The following offenses shall apply
18to subsection (a):

19Section 908 (relating to prohibited offensive weapons).

20Section 911 (relating to corrupt organizations).

21Section 912 (relating to possession of weapon on school
22property).

23Section 2502 (relating to murder).

24Section 2503 (relating to voluntary manslaughter).

25Section 2504 (relating to involuntary manslaughter) if
26the offense is based on the reckless use of a firearm.

27Section 2702 (relating to aggravated assault).

28Section 2703 (relating to assault by prisoner).

29Section 2704 (relating to assault by life prisoner).

30Section 2709.1 (relating to stalking).

1Section 2716 (relating to weapons of mass destruction).

2Section 2901 (relating to kidnapping).

3Section 2902 (relating to unlawful restraint).

4Section 2910 (relating to luring a child into a motor
5vehicle or structure).

6Section 3121 (relating to rape).

7Section 3123 (relating to involuntary deviate sexual
8intercourse).

9Section 3125 (relating to aggravated indecent assault).

10Section 3301 (relating to arson and related offenses).

11Section 3302 (relating to causing or risking
12catastrophe).

13Section 3502 (relating to burglary).

14Section 3503 (relating to criminal trespass) if the
15offense is graded a felony of the second degree or higher.

16Section 3701 (relating to robbery).

17Section 3702 (relating to robbery of motor vehicle).

18Section 3921 (relating to theft by unlawful taking or
19disposition) upon conviction of the second felony offense.

20Section 3923 (relating to theft by extortion) when the
21offense is accompanied by threats of violence.

22Section 3925 (relating to receiving stolen property) upon
23conviction of the second felony offense.

24Section 4906 (relating to false reports to law
25enforcement authorities) if the fictitious report involved
26the theft of a firearm as provided in section 4906(c)(2).

27Section 4912 (relating to impersonating a public servant)
28if the person is impersonating a law enforcement officer.

29Section 4952 (relating to intimidation of witnesses or
30victims).

1Section 4953 (relating to retaliation against witness,
2victim or party).

3Section 5121 (relating to escape).

4Section 5122 (relating to weapons or implements for
5escape).

6Section 5501(3) (relating to riot).

7Section 5515 (relating to prohibiting of paramilitary
8training).

9Section 5516 (relating to facsimile weapons of mass
10destruction).

11Section 6110.1 (relating to possession of firearm by
12minor).

13Section 6301 (relating to corruption of minors).

14Section 6302 (relating to sale or lease of weapons and
15explosives).

16Any offense equivalent to any of the above-enumerated
17offenses under the prior laws of this Commonwealth or any
18offense equivalent to any of the above-enumerated offenses
19under the statutes of any other state or of the United
20States.

21(c) Other persons.--In addition to any person who has been
22convicted of any offense listed under subsection (b), the
23following persons shall be subject to the prohibition of
24subsection (a):

25(1) A person who is a fugitive from justice. This
26paragraph does not apply to an individual whose fugitive
27status is based upon a nonmoving or moving summary offense
28under Title 75 (relating to vehicles).

29(2) A person who has been convicted of an offense under
30the act of April 14, 1972 (P.L.233, No.64), known as The

1Controlled Substance, Drug, Device and Cosmetic Act, or any
2equivalent Federal statute or equivalent statute of any other
3state, that may be punishable by a term of imprisonment
4exceeding two years.

5(3) A person who has been convicted of driving under the
6influence of alcohol or controlled substance as provided in
775 Pa.C.S. § 3802 (relating to driving under influence of
8alcohol or controlled substance) or the former 75 Pa.C.S. §
93731, on three or more separate occasions within a five-year
10period. For the purposes of this paragraph only, the
11prohibition of subsection (a) shall only apply to transfers
12or purchases of firearms after the third conviction.

13(4) A person who has been adjudicated as an incompetent
14or who has been involuntarily committed to a mental
15institution for inpatient care and treatment under section
16302, 303 or 304 of the provisions of the act of July 9, 1976
17(P.L.817, No.143), known as the Mental Health Procedures Act.
18This paragraph shall not apply to any proceeding under
19section 302 of the Mental Health Procedures Act unless the
20examining physician has issued a certification that inpatient
21care was necessary or that the person was committable.

22(5) A person who, being an alien, is illegally or
23unlawfully in the United States.

24(6) A person who is the subject of an active protection
25from abuse order issued pursuant to 23 Pa.C.S. § 6108, which
26order provided for the relinquishment of firearms during the
27period of time the order is in effect. This prohibition shall
28terminate upon the expiration or vacation of an active
29protection from abuse order or portion thereof relating to
30the relinquishment of firearms.

1(7) A person who was adjudicated delinquent by a court
2pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or
3under any equivalent Federal statute or statute of any other
4state as a result of conduct which if committed by an adult
5would constitute an offense under sections 2502, 2503, 2702,
62703 (relating to assault by prisoner), 2704, 2901, 3121,
73123, 3301, 3502, 3701 and 3923.

8(8) A person who was adjudicated delinquent by a court
9pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal
10statute or statute of any other state as a result of conduct
11which if committed by an adult would constitute an offense
12enumerated in subsection (b) with the exception of those
13crimes set forth in paragraph (7). This prohibition shall
14terminate 15 years after the last applicable delinquent
15adjudication or upon the person reaching the age of 30,
16whichever is earlier.

17(9) A person who is prohibited from possessing or
18acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to
19unlawful acts). If the offense which resulted in the
20prohibition under 18 U.S.C. § 922(g)(9) was committed, as
21provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to
22definitions), by a person in any of the following
23relationships:

24(i) the current or former spouse, parent or guardian
25of the victim;

26(ii) a person with whom the victim shares a child in
27common;

28(iii) a person who cohabits with or has cohabited
29with the victim as a spouse, parent or guardian; or

30(iv) a person similarly situated to a spouse, parent

1or guardian of the victim;

2then the relationship need not be an element of the offense
3to meet the requirements of this paragraph.

4(d) Exemption.--A person who has been convicted of a crime
5specified in subsection (a) or (b) or a person whose conduct
6meets the criteria in subsection (c)(1), (2), (5), (7) or (9)
7may make application to the court of common pleas of the county
8where the principal residence of the applicant is situated for
9relief from the disability imposed by this section upon the
10possession, transfer or control of a firearm. The court shall
11grant such relief if it determines that any of the following
12apply:

13(1) The conviction has been vacated under circumstances
14where all appeals have been exhausted or where the right to
15appeal has expired.

16(2) The conviction has been the subject of a full pardon
17by the Governor.

18(3) Each of the following conditions is met:

19(i) The Secretary of the Treasury of the United
20States has relieved the applicant of an applicable
21disability imposed by Federal law upon the possession,
22ownership or control of a firearm as a result of the
23applicant's prior conviction, except that the court may
24waive this condition if the court determines that the
25Congress of the United States has not appropriated
26sufficient funds to enable the Secretary of the Treasury
27to grant relief to applicants eligible for the relief.

28(ii) A period of ten years, not including any time
29spent in incarceration, has elapsed since the most recent
30conviction of the applicant of a crime enumerated in

1subsection (b), a felony violation of The Controlled
2Substance, Drug, Device and Cosmetic Act or the offense
3which resulted in the prohibition under 18 U.S.C. §
4922(g)(9).

5(e) Proceedings.--

6(1) If a person convicted of an offense under subsection
7(a), (b) or (c)(1), (2), (5), (7) or (9) makes application to
8the court, a hearing shall be held in open court to determine
9whether the requirements of this section have been met. The
10commissioner and the district attorney of the county where
11the application is filed and any victim or survivor of a
12victim of the offense upon which the disability is based may
13be parties to the proceeding.

14(2) Upon application to the court of common pleas
15pursuant to paragraph (1) by an applicant who is subject to
16the prohibition under subsection (c)(3), the court shall
17grant such relief if a period of ten years, not including any
18time spent in incarceration, has passed since the applicant's
19most recent conviction under subsection (c)(3).

20(f) Other exemptions and proceedings.--

21(1) Upon application to the court of common pleas under
22this subsection by an applicant subject to the prohibitions
23under subsection (c)(4), the court may grant such relief as
24it deems appropriate if the court determines that the
25applicant may possess a firearm without risk to the applicant
26or any other person.

27(2) If application is made under this subsection for
28relief from the disability imposed under subsection (c)(6),
29notice of such application shall be given to the person who
30had petitioned for the protection from abuse order, and such

1person shall be a party to the proceedings. Notice of any
2court order or amendment to a court order restoring firearms
3possession or control shall be given to the person who had
4petitioned for the protection from abuse order, to the
5sheriff and to the Pennsylvania State Police. The application
6and any proceedings on the application shall comply with 23
7Pa.C.S. Ch. 61 (relating to protection from abuse).

8(3) All hearings conducted under this subsection shall
9be closed unless otherwise requested to be open by the
10applicant.

11(4) (i) The owner of any seized or confiscated firearms
12or of any firearms ordered relinquished under 23 Pa.C.S.
13§ 6108 shall be provided with a signed and dated written
14receipt by the appropriate law enforcement agency. This
15receipt shall include, but not limited to, a detailed
16identifying description indicating the serial number and
17condition of the firearm. In addition, the appropriate
18law enforcement agency shall be liable to the lawful
19owner of said confiscated, seized or relinquished firearm
20for any loss, damage or substantial decrease in value of
21said firearm that is a direct result of a lack of
22reasonable care by the appropriate law enforcement
23agency.

24(ii) Firearms shall not be engraved or permanently
25marked in any manner, including, but not limited to,
26engraving of evidence or other identification numbers.
27Unless reasonable suspicion exists to believe that a
28particular firearm has been used in the commission of a
29crime, no firearm shall be test fired. Any reduction in
30the value of a firearm due to test firing, engraving or

1permanently marking in violation of this paragraph shall
2be considered damage, and the law enforcement agency
3shall be liable to the lawful owner of the firearm for
4the reduction in value caused by the test firing,
5engraving or permanently marking.

6(iii) For purposes of this paragraph, the term
7"firearm" shall include any scope, sight, bipod, sling,
8light, magazine, clip, ammunition or other firearm
9accessory attached to or seized, confiscated or
10relinquished with a firearm.

11(g) Other restrictions.--Nothing in this section shall
12exempt a person from a disability in relation to the possession
13or control of a firearm which is imposed as a condition of
14probation or parole or which is imposed pursuant to the
15provision of any law other than this section.

16(h) License prohibition.--Any person who is prohibited from
17possessing, using, controlling, selling, purchasing,
18transferring or manufacturing any firearm under this section
19shall not be eligible for or permitted to obtain a license to
20carry a firearm under section 6109 (relating to licenses).

21(i) Firearm.--As used in this section only, the term
22"firearm" shall include any weapons which are designed to or may
23readily be converted to expel any projectile by the action of an
24explosive or the frame or receiver of any such weapon.

25(j) Copy of order to State Police.--If the court grants
26relief from the disabilities imposed under this section, a copy
27of the order shall be sent by the prothonotary within ten days
28of the entry of the order to the Pennsylvania State Police and
29shall include the name, date of birth and Social Security number
30of the individual.

1§ 6105.1. Restoration of firearm rights for offenses under
2prior laws of this Commonwealth.

3(a) Restoration.--A person convicted of a disabling offense
4may make application to the court of common pleas in the county
5where the principal residence of the applicant is situated for
6restoration of firearms rights. The court shall grant
7restoration of firearms rights after a hearing in open court to
8determine whether the requirements of this section have been met
9unless:

10(1) the applicant has been convicted of any other
11offense specified in section 6105(a) or (b) (relating to
12persons not to possess, use, manufacture, control, sell or
13transfer firearms) or the applicant's conduct meets the
14criteria in section 6105(c)(1), (2), (3), (4), (5), (6) or
15(7);

16(2) the applicant has been convicted of any other crime
17punishable by imprisonment exceeding one year as defined in
18section 6102 (relating to definitions); or

19(3) the applicant's character and reputation is such
20that the applicant would be likely to act in a manner
21dangerous to public safety.

22(b) Notice and standing.--

23(1) Notice of an application for restoration of firearms
24rights shall be provided to the Pennsylvania State Police,
25the district attorney of the county where the disabling
26offense occurred and the district attorney of the county
27where the application is filed. The district attorney of the
28county where the application is filed, the district attorney
29of the county where the disabling offense occurred and the
30Pennsylvania State Police may, at their option, be parties to

1the proceeding.

2(2) Notwithstanding paragraph (1), the standing of the
3Pennsylvania State Police as a party to a proceeding under
4this section shall be limited to determinations of whether
5the offense meets the definition of the phrase "disabling
6offense" or whether the provisions of subsection (a)(1) and
7(2) have been satisfied.

8(c) Copy of order to Pennsylvania State Police.--If the
9court grants restoration of firearms rights to an applicant, a
10copy of the order shall be sent by the prothonotary within ten
11days of the entry of the order to the district attorneys and the
12Pennsylvania State Police, Firearms Division, and shall include
13the name, date of birth and Social Security number of the
14applicant.

15(d) Expungement and pardon.--A restoration of firearms
16rights under this section shall not result in the expungement of
17any criminal history record information nor will it constitute a
18gubernatorial pardon.

19(e) Definitions.--As used in this section, the following
20words and phrases shall have the meanings given to them in this
21subsection:

22"Disabling offense." A conviction for any offense which:

23(1) resulted in a Federal firearms disability and is
24substantially similar to either an offense currently graded
25as a crime punishable by a term of imprisonment for not more
26than two years or conduct which no longer constitutes a
27violation of law; and

28(2) was a violation of either of the following:

29(i) the former act of May 1, 1929 (P.L.905, No.403),
30known as The Vehicle Code, or the former act of April 29,
 

11959 (P.L.58, No.32), known as The Vehicle Code; or

2(ii) the former act of June 24, 1939 (P.L.872, 
3No.375), known as the Penal Code.

4The definition shall not include any offense which, if committed
5under contemporary standards, would constitute a misdemeanor of
6the second degree or greater under section 2701 (relating to
7simple assault) and was committed by a current or former spouse,
8parent or guardian of the victim, by a person with whom the
9victim shares a child in common, by a person who is cohabitating
10with or has cohabitated with the victim as a spouse, parent or
11guardian or by a person similarly situated to a spouse, parent
12or guardian of the victim.

13"Restoration of firearms rights." Relieving any and all
14disabilities with respect to a person's right to own, possess,
15use, control, sell, purchase, transfer, manufacture, receive,
16ship or transport firearms, including any disabilities imposed
17pursuant to this subchapter. The phrase shall also mean the
18restoration of the right to vote, to hold public office and to
19serve on a jury.

20§ 6106. Firearms not to be carried without a license.

21(a) Offense defined.--

22(1) Except as provided in paragraph (2), any person who
23carries a firearm in any vehicle or any person who carries a
24firearm concealed on or about his person, except in his place
25of abode or fixed place of business, without a valid and
26lawfully issued license under this chapter commits a felony
27of the third degree.

28(2) A person who is otherwise eligible to possess a
29valid license under this chapter but carries a firearm in any
30vehicle or any person who carries a firearm concealed on or

1about his person, except in his place of abode or fixed place
2of business, without a valid and lawfully issued license and
3has not committed any other criminal violation commits a
4misdemeanor of the first degree.

5(b) Exceptions.--The provisions of subsection (a) shall not
6apply to:

7(1) Constables, sheriffs, prison or jail wardens, or
8their deputies, policemen of this Commonwealth or its
9political subdivisions, or other law-enforcement officers.

10(2) Members of the army, navy, marine corps, air force
11or coast guard of the United States or of the National Guard
12or organized reserves when on duty.

13(3) The regularly enrolled members of any organization
14duly organized to purchase or receive such firearms from the
15United States or from this Commonwealth.

16(4) Any persons engaged in target shooting with a
17firearm, if such persons are at or are going to or from their
18places of assembly or target practice and if, while going to
19or from their places of assembly or target practice, the
20firearm is not loaded.

21(5) Officers or employees of the United States duly
22authorized to carry a concealed firearm.

23(6) Agents, messengers and other employees of common
24carriers, banks, or business firms, whose duties require them
25to protect moneys, valuables and other property in the
26discharge of such duties.

27(7) Any person engaged in the business of manufacturing,
28repairing, or dealing in firearms, or the agent or
29representative of any such person, having in his possession,
30using or carrying a firearm in the usual or ordinary course

1of such business.

2(8) Any person while carrying a firearm which is not
3loaded and is in a secure wrapper from the place of purchase
4to his home or place of business, or to a place of repair,
5sale or appraisal or back to his home or place of business,
6or in moving from one place of abode or business to another
7or from his home to a vacation or recreational home or
8dwelling or back, or to recover stolen property under section
96111.1(b)(4) (relating to Pennsylvania State Police), or to a
10place of instruction intended to teach the safe handling, use
11or maintenance of firearms or back or to a location to which
12the person has been directed to relinquish firearms under 23
13Pa.C.S. § 6108 (relating to relief) or back upon return of
14the relinquished firearm or to a licensed dealer's place of
15business for relinquishment pursuant to 23 Pa.C.S. § 6108.2
16(relating to relinquishment for consignment sale, lawful
17transfer or safekeeping) or back upon return of the
18relinquished firearm or to a location for safekeeping
19pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment
20to third party for safekeeping) or back upon return of the
21relinquished firearm.

22(9) Persons licensed to hunt, take furbearers or fish in
23this Commonwealth, if such persons are actually hunting,
24taking furbearers or fishing as permitted by such license, or
25are going to the places where they desire to hunt, take
26furbearers or fish or returning from such places.

27(10) Persons training dogs, if such persons are actually
28training dogs during the regular training season.

29(11) Any person while carrying a firearm in any vehicle,
30which person possesses a valid and lawfully issued license

1for that firearm which has been issued under the laws of the
2United States or any other state.

3(12) A person who has a lawfully issued license to carry
4a firearm pursuant to section 6109 (relating to licenses) and
5that said license expired within six months prior to the date
6of arrest and that the individual is otherwise eligible for
7renewal of the license.

8(13) Any person who is otherwise eligible to possess a
9firearm under this chapter and who is operating a motor
10vehicle which is registered in the person's name or the name
11of a spouse or parent and which contains a firearm for which
12a valid license has been issued pursuant to section 6109 to
13the spouse or parent owning the firearm.

14(14) A person lawfully engaged in the interstate
15transportation of a firearm as defined under 18 U.S.C. §
16921(a)(3) (relating to definitions) in compliance with 18
17U.S.C. § 926A (relating to interstate transportation of
18firearms).

19(15) Any person who possesses a valid and lawfully
20issued license or permit to carry a firearm which has been
21issued under the laws of another state, regardless of whether
22a reciprocity agreement exists between the Commonwealth and
23the state under section 6109(k), provided:

24(i) The state provides a reciprocal privilege for
25individuals licensed to carry firearms under section
266109.

27(ii) The Attorney General has determined that the
28firearm laws of the state are similar to the firearm laws
29of this Commonwealth.

30(16) Any person holding a license in accordance with

1section 6109(f)(3).

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

3(1) Before any exception shall be granted under
4paragraph (b)(9) or (10) of this section to any person 18
5years of age or older licensed to hunt, trap or fish or who
6has been issued a permit relating to hunting dogs, such
7person shall, at the time of securing his hunting, furtaking
8or fishing license or any time after such license has been
9issued, secure a sportsman's firearm permit from the county
10treasurer. The sportsman's firearm permit shall be issued
11immediately and be valid throughout this Commonwealth for a
12period of five years from the date of issue for any legal
13firearm, when carried in conjunction with a valid hunting,
14furtaking or fishing license or permit relating to hunting
15dogs. The sportsman's firearm permit shall be in triplicate
16on a form to be furnished by the Pennsylvania State Police.
17The original permit shall be delivered to the person, and the
18first copy thereof, within seven days, shall be forwarded to
19the Commissioner of the Pennsylvania State Police by the
20county treasurer. The second copy shall be retained by the
21county treasurer for a period of two years from the date of
22expiration. The county treasurer shall be entitled to collect
23a fee of not more than $6 for each such permit issued, which
24shall include the cost of any official form. The Pennsylvania
25State Police may recover from the county treasurer the cost
26of any such form, but may not charge more than $1 for each
27official permit form furnished to the county treasurer.

28(2) Any person who sells or attempts to sell a
29sportsman's firearm permit for a fee in excess of that amount
30fixed under this subsection commits a summary offense.

1(d) Revocation of registration.--Any registration of a
2firearm under subsection (c) of this section may be revoked by
3the county treasurer who issued it, upon written notice to the
4holder thereof.

5(e) Definitions.--

6(1) For purposes of subsection (b)(3), (4), (5), (7) and
7(8), the term "firearm" shall include any weapon which is
8designed to or may readily be converted to expel any
9projectile by the action of an explosive or the frame or
10receiver of the weapon.

11(2) As used in this section, the phrase "place of
12instruction" shall include any hunting club, rifle club,
13rifle range, pistol range, shooting range, the premises of a
14licensed firearms dealer or a lawful gun show or meet.

15§ 6106.1. Carrying loaded weapons other than firearms.

16(a) General rule.--Except as provided in Title 34 (relating
17to game), no person shall carry a loaded pistol, revolver,
18shotgun or rifle, other than a firearm as defined in section
196102 (relating to definitions), in any vehicle. The provisions
20of this section shall not apply to persons excepted from the
21requirement of a license to carry firearms under section 6106(b)
22(1), (2), (5) or (6) (relating to firearms not to be carried
23without a license) nor shall the provisions of this section be
24construed to permit persons to carry firearms in a vehicle where
25such conduct is prohibited by section 6106.

26(b) Penalty.--A person who violates the provisions of this
27section commits a summary offense.

28§ 6107. Prohibited conduct during emergency.

29(a) General rule.--No person shall carry a firearm upon the
30public streets or upon any public property during an emergency

1proclaimed by a State or municipal governmental executive unless
2that person is:

3(1) Actively engaged in a defense of that person's life
4or property from peril or threat.

5(2) Licensed to carry firearms under section 6109
6(relating to licenses) or is exempt from licensing under
7section 6106(b) (relating to firearms not to be carried
8without a license).

9(b) Seizure, taking and confiscation.--Except as otherwise
10provided under subsection (a) and notwithstanding the provisions
11of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any
12other provision of law to the contrary, no firearm, accessory or
13ammunition may be seized, taken or confiscated during an
14emergency unless the seizure, taking or confiscation would be
15authorized absent the emergency.

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

19"Accessory." Any scope, sight, bipod, sling, light,
20magazine, clip or other related item that is attached to or
21necessary for the operation of a firearm.

22"Firearm." The term includes any weapon that is designed to
23or may readily be converted to expel any projectile by the
24action of an explosive or the frame or receiver of any weapon.

25§ 6108. Carrying firearms on public streets or public property
26in Philadelphia.

27No person shall carry a firearm, rifle or shotgun at any time
28upon the public streets or upon any public property in a city of
29the first class unless:

30(1) such person is licensed to carry a firearm; or

1(2) such person is exempt from licensing under section
26106(b) of this title (relating to firearms not to be carried
3without a license).

4§ 6109. Licenses.

5(a) Purpose of license.--A license to carry a firearm shall
6be for the purpose of carrying a firearm concealed on or about
7one's person or in a vehicle throughout this Commonwealth.

8(b) Place of application.--An individual who is 21 years of
9age or older may apply to a sheriff for a license to carry a
10firearm concealed on or about his person or in a vehicle within
11this Commonwealth. If the applicant is a resident of this
12Commonwealth, he shall make application with the sheriff of the
13county in which he resides or, if a resident of a city of the
14first class, with the chief of police of that city.

15(c) Form of application and content.--The application for a
16license to carry a firearm shall be uniform throughout this
17Commonwealth and shall be on a form prescribed by the
18Pennsylvania State Police. The form may contain provisions, not
19exceeding one page, to assure compliance with this section.
20Issuing authorities shall use only the application form
21prescribed by the Pennsylvania State Police. One of the
22following reasons for obtaining a firearm license shall be set
23forth in the application: self-defense, employment, hunting and
24fishing, target shooting, gun collecting or another proper
25reason. The application form shall be dated and signed by the
26applicant and shall contain the following statement:

27I have never been convicted of a crime that prohibits me
28from possessing or acquiring a firearm under Federal or
29State law. I am of sound mind and have never been
30committed to a mental institution. I hereby certify that

1the statements contained herein are true and correct to
2the best of my knowledge and belief. I understand that,
3if I knowingly make any false statements herein, I am
4subject to penalties prescribed by law. I authorize the
5sheriff, or his designee, or, in the case of first class
6cities, the chief or head of the police department, or
7his designee, to inspect only those records or documents
8relevant to information required for this application. If
9I am issued a license and knowingly become ineligible to
10legally possess or acquire firearms, I will promptly
11notify the sheriff of the county in which I reside or, if
12I reside in a city of the first class, the chief of
13police of that city.

14(d) Sheriff to conduct investigation.--The sheriff to whom
15the application is made shall:

16(1) investigate the applicant's record of criminal
17conviction;

18(2) investigate whether or not the applicant is under
19indictment for or has ever been convicted of a crime
20punishable by imprisonment exceeding one year;

21(3) investigate whether the applicant's character and
22reputation are such that the applicant will not be likely to
23act in a manner dangerous to public safety;

24(4) investigate whether the applicant would be precluded
25from receiving a license under subsection (e)(1) or section
266105(h) (relating to persons not to possess, use,
27manufacture, control, sell or transfer firearms); and

28(5) conduct a criminal background, juvenile delinquency
29and mental health check following the procedures set forth in
30section 6111 (relating to sale or transfer of firearms),

1receive a unique approval number for that inquiry and record
2the date and number on the application.

3(e) Issuance of license.--

4(1) A license to carry a firearm shall be for the
5purpose of carrying a firearm concealed on or about one's
6person or in a vehicle and shall be issued if, after an
7investigation not to exceed 45 days, it appears that the
8applicant is an individual concerning whom no good cause
9exists to deny the license. A license shall not be issued to
10any of the following:

11(i) An individual whose character and reputation is
12such that the individual would be likely to act in a
13manner dangerous to public safety.

14(ii) An individual who has been convicted of an
15offense under the act of April 14, 1972 (P.L.233, No.64),
16known as The Controlled Substance, Drug, Device and
17Cosmetic Act.

18(iii) An individual convicted of a crime enumerated
19in section 6105.

20(iv) An individual who, within the past ten years,
21has been adjudicated delinquent for a crime enumerated in
22section 6105 or for an offense under The Controlled
23Substance, Drug, Device and Cosmetic Act.

24(v) An individual who is not of sound mind or who
25has ever been committed to a mental institution.

26(vi) An individual who is addicted to or is an
27unlawful user of marijuana or a stimulant, depressant or
28narcotic drug.

29(vii) An individual who is a habitual drunkard.

30(viii) An individual who is charged with or has been

1convicted of a crime punishable by imprisonment for a
2term exceeding one year except as provided for in section
36123 (relating to waiver of disability or pardons).

4(ix) A resident of another state who does not
5possess a current license or permit or similar document
6to carry a firearm issued by that state if a license is
7provided for by the laws of that state, as published
8annually in the Federal Register by the Bureau of
9Alcohol, Tobacco and Firearms of the Department of the
10Treasury under 18 U.S.C. § 921(a)(19) (relating to
11definitions).

12(x) An alien who is illegally in the United States.

13(xi) An individual who has been discharged from the
14armed forces of the United States under dishonorable
15conditions.

16(xii) An individual who is a fugitive from justice.
17This subparagraph does not apply to an individual whose
18fugitive status is based upon nonmoving or moving summary
19offense under Title 75 (relating to vehicles).

20(xiii) An individual who is otherwise prohibited
21from possessing, using, manufacturing, controlling,
22purchasing, selling or transferring a firearm as provided
23by section 6105.

24(xiv) An individual who is prohibited from
25possessing or acquiring a firearm under the statutes of
26the United States.

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. The license
30shall bear the following:

1(i) The name, address, date of birth, race, sex,
2citizenship, height, weight, color of hair, color of eyes
3and signature of the licensee.

4(ii) The signature of the sheriff issuing the
5license.

6(iii) A license number of which the first two
7numbers shall be a county location code followed by
8numbers issued in numerical sequence.

9(iv) The point-of-contact telephone number
10designated by the Pennsylvania State Police under
11subsection (l).

12(v) The reason for issuance.

13(vi) The period of validation.

14(4) The sheriff shall require a photograph of the
15licensee on the license. The photograph shall be in a form
16compatible with the Commonwealth Photo Imaging Network.

17(5) The original license shall be issued to the
18applicant. The first copy of the license shall be forwarded
19to the Pennsylvania State Police within seven days of the
20date of issue. The second copy shall be retained by the
21issuing authority for a period of seven years. Except
22pursuant to court order, both copies and the application
23shall, at the end of the seven-year period, be destroyed
24unless the license has been renewed within the seven-year
25period.

26(f) Term of license.--

27(1) A license to carry a firearm issued under subsection
28(e) shall be valid throughout this Commonwealth for a period
29of five years unless extended under paragraph (3) or sooner
30revoked.

1(2) At least 60 days prior to the expiration of each
2license, the issuing sheriff shall send to the licensee an
3application for renewal of license. Failure to receive a
4renewal application shall not relieve a licensee from the
5responsibility to renew the license.

6(3) Notwithstanding paragraph (1) or any other provision
7of law to the contrary, a license to carry a firearm that is
8held by a member of the United States Armed Forces or the
9Pennsylvania National Guard on Federal active duty and
10deployed overseas that is scheduled to expire during the
11period of deployment shall be extended until 90 days after
12the end of the deployment.

13(4) Possession of a license, together with a copy of the
14person's military orders showing the dates of overseas
15deployment, including the date that the overseas deployment
16ends, shall constitute, during the extension period specified
17in paragraph (3), a defense to any charge filed pursuant to
18section 6106 (relating to firearms not to be carried without
19a license) or 6108 (relating to carrying firearms on public
20streets or public property in Philadelphia).

21(g) Grant or denial of license.--Upon the receipt of an
22application for a license to carry a firearm, the sheriff shall,
23within 45 days, issue or refuse to issue a license on the basis
24of the investigation under subsection (d) and the accuracy of
25the information contained in the application. If the sheriff
26refuses to issue a license, the sheriff shall notify the
27applicant in writing of the refusal and the specific reasons.
28The notice shall be sent by certified mail to the applicant at
29the address set forth in the application.

30(h) Fee.--

1(1) In addition to fees described in paragraphs (2)(ii)
2and (3), the fee for a license to carry a firearm is $19.
3This includes all of the following:

4(i) A renewal notice processing fee of $1.50.

5(ii) An administrative fee of $5 under section 14(2)
6of the act of July 6, 1984 (P.L.614, No.127), known as
7the Sheriff Fee Act.

8(2) (Expired).

9(3) An additional fee of $1 shall be paid by the
10applicant for a license to carry a firearm and shall be
11remitted by the sheriff to the Firearms License Validation
12System Account, which is hereby established as a special
13restricted receipt account within the General Fund of the
14State Treasury. The account shall be used for purposes under
15subsection (l). Moneys credited to the account and any
16investment income accrued are hereby appropriated on a
17continuing basis to the Pennsylvania State Police.

18(4) No fee other than that provided by this subsection
19or the Sheriff Fee Act may be assessed by the sheriff for the
20performance of any background check made pursuant to this
21act.

22(5) The fee is payable to the sheriff to whom the
23application is submitted and is payable at the time of
24application for the license.

25(6) Except for the administrative fee of $5 under
26section 14(2) of the Sheriff Fee Act, all other fees shall be
27refunded if the application is denied but shall not be
28refunded if a license is issued and subsequently revoked.

29(7) A person who sells or attempts to sell a license to
30carry a firearm for a fee in excess of the amounts fixed

1under this subsection commits a summary offense.

2(i) Revocation.--A license to carry firearms may be revoked
3by the issuing authority for good cause. A license to carry
4firearms shall be revoked by the issuing authority for any
5reason stated in subsection (e)(1) which occurs during the term
6of the permit. Notice of revocation shall be in writing and
7shall state the specific reason for revocation. Notice shall be
8sent by certified mail to the individual whose license is
9revoked, and, at that time, notice shall also be provided to the
10Pennsylvania State Police by electronic means, including e-mail
11or facsimile transmission, that the license is no longer valid.
12An individual whose license is revoked shall surrender the
13license to the issuing authority within five days of receipt of
14the notice. An individual whose license is revoked may appeal to
15the court of common pleas for the judicial district in which the
16individual resides. An individual who violates this section
17commits a summary offense.

18(i.1) Notice to sheriff.--Notwithstanding any statute to the
19contrary:

20(1) Upon conviction of a person for a crime specified in
21section 6105(a) or (b) or upon conviction of a person for a
22crime punishable by imprisonment exceeding one year or upon a
23determination that the conduct of a person meets the criteria
24specified in section 6105(c)(1), (2), (3), (5), (6) or (9),
25the court shall determine if the defendant has a license to
26carry firearms issued pursuant to this section. If the
27defendant has such a license, the court shall notify the
28sheriff of the county in which that person resides, on a form
29developed by the Pennsylvania State Police, of the identity
30of the person and the nature of the crime or conduct which

1resulted in the notification. The notification shall be
2transmitted by the judge within seven days of the conviction
3or determination.

4(2) Upon adjudication that a person is incompetent or
5upon the involuntary commitment of a person to a mental
6institution for inpatient care and treatment under the act of
7July 9, 1976 (P.L.817, No.143), known as the Mental Health
8Procedures Act, or upon involuntary treatment of a person as
9described under section 6105(c)(4), the judge of the court of
10common pleas, mental health review officer or county mental
11health and mental retardation administrator shall notify the
12sheriff of the county in which that person resides, on a form
13developed by the Pennsylvania State Police, of the identity
14of the person who has been adjudicated, committed or treated
15and the nature of the adjudication, commitment or treatment.
16The notification shall be transmitted by the judge, mental
17health review officer or county mental health and mental
18retardation administrator within seven days of the
19adjudication, commitment or treatment.

20(j) Immunity.--A sheriff who complies in good faith with
21this section shall be immune from liability resulting or arising
22from the action or misconduct with a firearm committed by any
23individual to whom a license to carry a firearm has been issued.

24(k) Reciprocity.--

25(1) The Attorney General shall have the power and duty
26to enter into reciprocity agreements with other states
27providing for the mutual recognition of a license to carry a
28firearm issued by the Commonwealth and a license or permit to
29carry a firearm issued by the other state. To carry out this
30duty, the Attorney General is authorized to negotiate

1reciprocity agreements and grant recognition of a license or
2permit to carry a firearm issued by another state.

3(2) The Attorney General shall report to the General
4Assembly within 180 days of the effective date of this
5paragraph and annually thereafter concerning the agreements
6which have been consummated under this subsection.

7(l) Firearms License Validation System.--

8(1) The Pennsylvania State Police shall establish a
9nationwide toll-free telephone number, known as the Firearms
10License Validation System, which shall be operational seven
11days a week, 24 hours per day, for the purpose of responding
12to law enforcement inquiries regarding the validity of any
13Pennsylvania license to carry a firearm.

14(2) Notwithstanding any other law regarding the
15confidentiality of information, inquiries to the Firearms
16License Validation System regarding the validity of any
17Pennsylvania license to carry a firearm may only be made by
18law enforcement personnel acting within the scope of their
19official duties.

20(3) Law enforcement personnel outside this Commonwealth
21shall provide their originating agency identifier number and
22the license number of the license to carry a firearm which is
23the subject of the inquiry.

24(4) Responses to inquiries by law enforcement personnel
25outside this Commonwealth shall be limited to the name of the
26licensee, the validity of the license and any information
27which may be provided to a criminal justice agency pursuant
28to Chapter 91 (relating to criminal history record
29information).

30(m) Inquiries.--

1(1) The Attorney General shall, not later than one year
2after the effective date of this subsection and not less than
3once annually, contact in writing the appropriate authorities
4in any other state which does not have a current reciprocity
5agreement with the Commonwealth to determine if:

6(i) the state will negotiate a reciprocity
7agreement;

8(ii) a licensee may carry a concealed firearm in the
9state; or

10(iii) a licensee may apply for a license or permit
11to carry a firearm issued by the state.

12(2) The Attorney General shall maintain a current list
13of those states which have a reciprocity agreement with the
14Commonwealth, those states which allow licensees to carry a
15concealed firearm and those states which allow licensees to
16apply for a license or permit to carry a firearm. This list
17shall be posted on the Internet, provided to the Pennsylvania
18State Police and made available to the public upon request.

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

20(1) A person seeking a temporary emergency license to
21carry a concealed firearm shall submit to the sheriff of the
22county in which the person resides all of the following:

23(i) Evidence of imminent danger to the person or the
24person's minor child. For purposes of this subparagraph,
25the term "minor" shall have the same meaning as provided
26in 1 Pa.C.S. § 1991 (relating to definitions).

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(iii) In addition to the provisions of subsection
7(h), a temporary emergency license fee established by the
8Commissioner of the Pennsylvania State Police for an
9amount that does not exceed the actual cost of conducting
10the criminal background check or $10, whichever is less.

11(iv) An application for a license to carry a firearm
12on the form prescribed pursuant to subsection (c).

13(2) Upon receipt of the items required under paragraph
14(1), the sheriff immediately shall conduct a criminal
15history, juvenile delinquency and mental health record check
16of the applicant pursuant to section 6105. Immediately upon
17receipt of the results of the records check, the sheriff
18shall review the information and shall determine whether the
19applicant meets the criteria set forth in this subsection. If
20the sheriff determines that the applicant has met all of the
21criteria, the sheriff shall immediately issue the applicant a
22temporary emergency license to carry a concealed firearm.

23(3) If the sheriff refuses to issue a temporary
24emergency license, the sheriff shall specify the grounds for
25the denial in a written notice to the applicant. The
26applicant may appeal the denial or challenge criminal records
27check results that were the basis of the denial, if
28applicable, in the same manner as a denial of a license to
29carry a firearm under this section.

30(4) A temporary emergency license issued under this

1subsection shall be valid for 45 days and may not be renewed.
2A person who has been issued a temporary emergency license
3under this subsection shall not be issued another temporary
4emergency license unless at least five years have expired
5since the issuance of the prior temporary emergency license.
6During the 45 days the temporary emergency license is valid,
7the sheriff shall conduct an additional investigation of the
8person for the purposes of determining whether the person may
9be issued a license pursuant to this section. If, during the
10course of this investigation, the sheriff discovers any
11information that would have prohibited the issuance of a
12license pursuant to this section, the sheriff shall be
13authorized to revoke the temporary emergency license as
14provided in subsection (i).

15(5) The temporary emergency license issued pursuant to
16this section shall be consistent with the form prescribed in
17subsection (e)(3), (4) and (5). In addition to the
18information provided in those paragraphs, the temporary
19emergency license shall be clearly marked "Temporary."

20(6) A person who holds a temporary emergency license to
21carry a firearm shall have the same rights to carry a firearm
22as a person issued a license to carry a firearm under this
23section. A licensee under this subsection shall be subject to
24all other duties, restrictions and penalties under this
25section, including revocation pursuant to subsection (i).

26(7) A sheriff who issues a temporary emergency license
27to carry a firearm shall retain, for the entire period during
28which the temporary emergency license is in effect, the
29evidence of imminent danger that the applicant submitted to
30the sheriff that was the basis for the license, or a copy of

1the evidence, as appropriate.

2(8) A person applying for a temporary emergency license
3shall complete the application required pursuant to
4subsection (c) and shall provide at the time of application
5the information required in paragraph (1).

6(9) Prior to the expiration of a temporary emergency
7license, if the sheriff has determined pursuant to
8investigation that the person issued a temporary emergency
9license is not disqualified and if the temporary emergency
10license has not been revoked pursuant to subsection (i), the
11sheriff shall issue a license pursuant to this section that
12is effective for the balance of the five-year period from the
13date of the issuance of the temporary emergency license.
14Records and all other information, duties and obligations
15regarding such licenses shall be applicable as otherwise
16provided in this section.

17(10) As used in this subsection, the term "evidence of
18imminent danger" means:

19(i) a written document prepared by the Attorney
20General, a district attorney, a chief law enforcement
21officer, judicial officer or their designees describing
22the facts that give a person reasonable cause to fear a
23criminal attack upon the person or the person's minor
24child. For the purposes of this subparagraph, the term
25"chief law enforcement officer" shall have the same
26meaning as provided in 42 Pa.C.S. § 8951 (relating to
27definitions) and "judicial officer" shall have the same
28meaning as provided in 42 Pa.C.S. § 102 (relating to
29definitions).

30(ii) a police report.

1(m.2) Inconsistent provisions.--Notwithstanding the
2provisions of section 7506 (relating to violation of rules
3regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727
4(relating to additional limitations on operation) or the act of
5June 28, 1995 (P.L.89, No.18), known as the Conservation and
6Natural Resources Act, and regulations promulgated under that
7act, a firearm may be carried as provided in subsection (a) by:

8(1) a law enforcement officer whose current
9identification as a law enforcement officer shall be
10construed as a valid license to carry a firearm; or

11(2) any licensee.

12(m.3) Construction.--Nothing in this section shall be 
13construed to:

14(1) Permit the hunting or harvesting of any wildlife
15with a firearm or ammunition not otherwise permitted by 34
16Pa.C.S. (relating to game).

17(2) Authorize any Commonwealth agency to regulate the
18possession of firearms in any manner inconsistent with the
19provisions of this title.

20(n) Definition.--As used in this section, the term
21"licensee" means an individual who is licensed to carry a
22firearm under this section.

23§ 6110.1. Possession of firearm by minor.

24(a) Firearm.--Except as provided in subsection (b), a person
25under 18 years of age shall not possess or transport a firearm
26anywhere in this Commonwealth.

27(b) Exception.--Subsection (a) shall not apply to a person
28under 18 years of age:

29(1) who is under the supervision of a parent,
30grandparent, legal guardian or an adult acting with the

1expressed consent of the minor's custodial parent or legal
2guardian and the minor is engaged in lawful activity,
3including safety training, lawful target shooting, engaging
4in an organized competition involving the use of a firearm or
5the firearm is unloaded and the minor is transporting it for
6a lawful purpose; or

7(2) who is lawfully hunting or trapping in accordance
8with 34 Pa.C.S. (relating to game).

9(c) Responsibility of adult.--Any person who knowingly and
10intentionally delivers or provides to the minor a firearm in
11violation of subsection (a) commits a felony of the third
12degree.

13(d) Forfeiture.--Any firearm in the possession of a person
14under 18 years of age in violation of this section shall be
15promptly seized by the arresting law enforcement officer and
16upon conviction or adjudication of delinquency shall be
17forfeited or, if stolen, returned to the lawful owner.

18§ 6110.2. Possession of firearm with altered manufacturer's
19number.

20(a) General rule.--No person shall possess a firearm which
21has had the manufacturer's number integral to the frame or
22receiver altered, changed, removed or obliterated.

23(b) Penalty.--A person who violates this section commits a
24felony of the second degree.

25(c) Definition.--As used in this section, the term "firearm"
26shall have the same meaning as that term is defined in section
276105(i) (relating to persons not to possess, use, manufacture,
28control, sell or transfer firearms), except that the term shall
29not include antique firearms as defined in section 6118
30(relating to antique firearms).

1§ 6111. Sale or transfer of firearms.

2(a) Time and manner of delivery.--

3(1) Except as provided in paragraph (2), no seller shall
4deliver a firearm to the purchaser or transferee thereof
5until 48 hours shall have elapsed from the time of the
6application for the purchase thereof, and, when delivered,
7the firearm shall be securely wrapped and shall be unloaded.

8(2) Thirty days after publication in the Pennsylvania
9Bulletin that the Instantaneous Criminal History Records
10Check System has been established in accordance with the
11Brady Handgun Violence Prevention Act (Public Law 103-159, 18
12U.S.C. § 921 et seq.), no seller shall deliver a firearm to
13the purchaser thereof until the provisions of this section
14have been satisfied, and, when delivered, the firearm shall
15be securely wrapped and shall be unloaded.

16(b) Duty of seller.--No licensed importer, licensed
17manufacturer or licensed dealer shall sell or deliver any
18firearm to another person, other than a licensed importer,
19licensed manufacturer, licensed dealer or licensed collector,
20until the conditions of subsection (a) have been satisfied and
21until he has:

22(1) For purposes of a firearm as defined in section 6102
23(relating to definitions), obtained a completed
24application/record of sale from the potential buyer or
25transferee to be filled out in triplicate, the original copy
26to be sent to the Pennsylvania State Police, postmarked via
27first class mail, within 14 days of the sale, one copy to be
28retained by the licensed importer, licensed manufacturer or
29licensed dealer for a period of 20 years and one copy to be
30provided to the purchaser or transferee. The form of this

1application/record of sale shall be no more than one page in
2length and shall be promulgated by the Pennsylvania State
3Police and provided by the licensed importer, licensed
4manufacturer or licensed dealer. The application/record of
5sale shall include the name, address, birthdate, gender,
6race, physical description and Social Security number of the
7purchaser or transferee, the date of the application and the
8caliber, length of barrel, make, model and manufacturer's
9number of the firearm to be purchased or transferred. The
10application/record of sale shall also contain the following
11question:

12Are you the actual buyer of the firearm(s), as defined
13under 18 Pa.C.S. § 6102 (relating to definitions), listed
14on this application/record of sale? Warning: You are not
15the actual buyer if you are acquiring the firearm(s) on
16behalf of another person, unless you are legitimately
17acquiring the firearm as a gift for any of the following
18individuals who are legally eligible to own a firearm:

19(1) spouse;

20(2) parent;

21(3) child;

22(4) grandparent; or

23(5) grandchild.

24(1.1) On the date of publication in the Pennsylvania
25Bulletin of a notice by the Pennsylvania State Police that
26the instantaneous records check has been implemented, all of
27the following shall apply:

28(i) In the event of an electronic failure under
29section 6111.1(b)(2) (relating to Pennsylvania State
30Police) for purposes of a firearm which exceeds the

1barrel and related lengths set forth in section 6102,
2obtained a completed application/record of sale from the
3potential buyer or transferee to be filled out in
4triplicate, the original copy to be sent to the
5Pennsylvania State Police, postmarked via first class
6mail, within 14 days of sale, one copy to be retained by
7the licensed importer, licensed manufacturer or licensed
8dealer for a period of 20 years and one copy to be
9provided to the purchaser or transferee.

10(ii) The form of the application/record of sale
11shall be no more than one page in length and shall be
12promulgated by the Pennsylvania State Police and provided
13by the licensed importer, licensed manufacturer or
14licensed dealer.

15(iii) For purposes of conducting the criminal
16history, juvenile delinquency and mental health records
17background check which shall be completed within ten days
18of receipt of the information from the dealer, the
19application/record of sale shall include the name,
20address, birthdate, gender, race, physical description
21and Social Security number of the purchaser or transferee
22and the date of application.

23(iv) No information regarding the type of firearm
24need be included other than an indication that the
25firearm exceeds the barrel lengths set forth in section
266102.

27(v) Unless it has been discovered pursuant to a
28criminal history, juvenile delinquency and mental health
29records background check that the potential purchaser or
30transferee is prohibited from possessing a firearm

1pursuant to section 6105 (relating to persons not to
2possess, use, manufacture, control, sell or transfer
3firearms), no information on the application/record of
4sale provided pursuant to this subsection shall be
5retained as precluded by section 6111.4 (relating to
6registration of firearms) by the Pennsylvania State
7Police either through retention of the application/record
8of sale or by entering the information onto a computer,
9and, further, an application/record of sale received by
10the Pennsylvania State Police pursuant to this subsection
11shall be destroyed within 72 hours of the completion of
12the criminal history, juvenile delinquency and mental
13health records background check.

14(1.2) Fees collected under paragraph (3) and section
156111.2 (relating to firearm sales surcharge) shall be
16transmitted to the Pennsylvania State Police within 14 days
17of collection.

18(1.3) In addition to the criminal penalty under section
196119 (relating to violation penalty), any person who
20knowingly and intentionally maintains or fails to destroy any
21information submitted to the Pennsylvania State Police for
22purposes of a background check pursuant to paragraphs (1.1)
23and (1.4) or violates section 6111.4 shall be subject to a
24civil penalty of $250 per violation, entry or failure to
25destroy.

26(1.4) Following implementation of the instantaneous
27records check by the Pennsylvania State Police on or before
28December 1, 1998, no application/record of sale shall be
29completed for the purchase or transfer of a firearm which
30exceeds the barrel lengths set forth in section 6102. A

1statement shall be submitted by the dealer to the
2Pennsylvania State Police, postmarked via first class mail,
3within 14 days of the sale, containing the number of firearms
4sold which exceed the barrel and related lengths set forth in
5section 6102, the amount of surcharge and other fees remitted
6and a list of the unique approval numbers given pursuant to
7paragraph (4), together with a statement that the background
8checks have been performed on the firearms contained in the
9statement. The form of the statement relating to performance
10of background checks shall be promulgated by the Pennsylvania
11State Police.

12(2) Inspected photoidentification of the potential
13purchaser or transferee, including, but not limited to, a
14driver's license, official Pennsylvania photoidentification
15card or official government photoidentification card. In the
16case of a potential buyer or transferee who is a member of a
17recognized religious sect or community whose tenets forbid or
18discourage the taking of photographs of members of that sect
19or community, a seller shall accept a valid-without-photo
20driver's license or a combination of documents, as prescribed
21by the Pennsylvania State Police, containing the applicant's
22name, address, date of birth and the signature of the
23applicant.

24(3) Requested by means of a telephone call that the
25Pennsylvania State Police conduct a criminal history,
26juvenile delinquency history and a mental health record
27check. The purchaser and the licensed dealer shall provide
28such information as is necessary to accurately identify the
29purchaser. The requester shall be charged a fee equivalent to
30the cost of providing the service but not to exceed $2 per

1buyer or transferee.

2(4) Received a unique approval number for that inquiry
3from the Pennsylvania State Police and recorded the date and
4the number on the application/record of sale form.

5(5) Issued a receipt containing the information from
6paragraph (4), including the unique approval number of the
7purchaser. This receipt shall be prima facie evidence of the
8purchaser's or transferee's compliance with the provisions of
9this section.

10(6) Unless it has been discovered pursuant to a criminal
11history, juvenile delinquency and mental health records
12background check that the potential purchaser or transferee
13is prohibited from possessing a firearm pursuant to section
146105, no information received via telephone following the
15implementation of the instantaneous background check system
16from a purchaser or transferee who has received a unique
17approval number shall be retained by the Pennsylvania State
18Police.

19(7) For purposes of the enforcement of 18 U.S.C. §
20922(d)(9), (g)(1) and (s)(1) (relating to unlawful acts), in
21the event the criminal history or juvenile delinquency
22background check indicates a conviction for a misdemeanor
23that the Pennsylvania State Police cannot determine is or is
24not related to an act of domestic violence, the Pennsylvania
25State Police shall issue a temporary delay of the approval of
26the purchase or transfer. During the temporary delay, the
27Pennsylvania State Police shall conduct a review or
28investigation of the conviction with courts, local police
29departments, district attorneys and other law enforcement or
30related institutions as necessary to determine whether or not

1the misdemeanor conviction involved an act of domestic
2violence. The Pennsylvania State Police shall conduct the
3review or investigation as expeditiously as possible. No
4firearm may be transferred by the dealer to the purchaser who
5is the subject of the investigation during the temporary
6delay. The Pennsylvania State Police shall notify the dealer
7of the termination of the temporary delay and either deny the
8sale or provide the unique approval number under paragraph
9(4).

10(c) Duty of other persons.--Any person who is not a licensed
11importer, manufacturer or dealer and who desires to sell or
12transfer a firearm to another unlicensed person shall do so only
13upon the place of business of a licensed importer, manufacturer,
14dealer or county sheriff's office, the latter of whom shall
15follow the procedure set forth in this section as if he were the
16seller of the firearm. The provisions of this section shall not
17apply to transfers between spouses or to transfers between a
18parent and child or to transfers between grandparent and
19grandchild.

20(d) Defense.--Compliance with the provisions of this section
21shall be a defense to any criminal complaint under the laws of
22this Commonwealth or other claim or cause of action under this
23chapter arising from the sale or transfer of any firearm.

24(e) Nonapplicability of section.--This section shall not
25apply to the following:

26(1) Any firearm manufactured on or before 1898.

27(2) Any firearm with a matchlock, flintlock or
28percussion cap type of ignition system.

29(3) Any replica of any firearm described in paragraph
30(1) if the replica:

1(i) is not designed or redesigned to use rimfire or
2conventional center fire fixed ammunition; or

3(ii) uses rimfire or conventional center fire fixed
4ammunition which is no longer manufactured in the United
5States and which is not readily available in the ordinary
6channels of commercial trade.

7(f) Application of section.--

8(1) For the purposes of this section only, except as
9provided by paragraph (2), "firearm" shall mean any weapon
10which is designed to or may readily be converted to expel any
11projectile by the action of an explosive or the frame or
12receiver of any such weapon.

13(2) The provisions contained in subsections (a) and (c)
14shall only apply to pistols or revolvers with a barrel length
15of less than 15 inches, any shotgun with a barrel length of
16less than 18 inches, any rifle with a barrel length of less
17than 16 inches or any firearm with an overall length of less
18than 26 inches.

19(3) The provisions contained in subsection (a) shall not
20apply to any law enforcement officer whose current
21identification as a law enforcement officer shall be
22construed as a valid license to carry a firearm or any person
23who possesses a valid license to carry a firearm under
24section 6109 (relating to licenses).

25(4) (i) The provisions of subsection (a) shall not
26apply to any person who presents to the seller or
27transferor a written statement issued by the official
28described in subparagraph (iii) during the ten-day period
29ending on the date of the most recent proposal of such
30transfer or sale by the transferee or purchaser stating

1that the transferee or purchaser requires access to a
2firearm because of a threat to the life of the transferee
3or purchaser or any member of the household of that
4transferee or purchaser.

5(ii) The issuing official shall notify the
6applicant's local police authority that such a statement
7has been issued. In counties of the first class the chief
8of police shall notify the police station or substation
9closest to the applicant's residence.

10(iii) The statement issued under subparagraph (ii)
11shall be issued by the district attorney, or his
12designee, of the county of residence if the transferee or
13purchaser resides in a municipality where there is no
14chief of police. Otherwise, the statement shall be issued
15by the chief of police in the municipality in which the
16purchaser or transferee resides.

17(g) Penalties.--

18(1) Any person, licensed dealer, licensed manufacturer
19or licensed importer who knowingly or intentionally sells,
20delivers or transfers a firearm in violation of this section
21commits a misdemeanor of the second degree.

22(2) Any person, licensed dealer, licensed manufacturer
23or licensed importer who knowingly or intentionally sells,
24delivers or transfers a firearm under circumstances intended
25to provide a firearm to any person, purchaser or transferee
26who is unqualified or ineligible to control, possess or use a
27firearm under this chapter commits a felony of the third
28degree and shall in addition be subject to revocation of the
29license to sell firearms for a period of three years.

30(3) Any person, licensed dealer, licensed manufacturer

1or licensed importer who knowingly and intentionally requests
2a criminal history, juvenile delinquency or mental health
3record check or other confidential information from the
4Pennsylvania State Police under this chapter for any purpose
5other than compliance with this chapter or knowingly and
6intentionally disseminates any criminal history, juvenile
7delinquency or mental health record or other confidential
8information to any person other than the subject of the
9information commits a felony of the third degree.

10(3.1) Any person, licensed dealer, licensed manufacturer
11or licensed importer who knowingly and intentionally obtains
12or furnishes information collected or maintained pursuant to
13section 6109 for any purpose other than compliance with this
14chapter or who knowingly or intentionally disseminates,
15publishes or otherwise makes available such information to
16any person other than the subject of the information commits
17a felony of the third degree.

18(4) Any person, purchaser or transferee commits a felony
19of the third degree if, in connection with the purchase,
20delivery or transfer of a firearm under this chapter, he
21knowingly and intentionally:

22(i) makes any materially false oral statement;

23(ii) makes any materially false written statement,
24including a statement on any form promulgated by Federal
25or State agencies; or

26(iii) willfully furnishes or exhibits any false
27identification intended or likely to deceive the seller,
28licensed dealer or licensed manufacturer.

29(5) Notwithstanding section 306 (relating to liability
30for conduct of another; complicity) or any other statute to

1the contrary, any person, licensed importer, licensed dealer
2or licensed manufacturer who knowingly and intentionally
3sells, delivers or transfers a firearm in violation of this
4chapter who has reason to believe that the firearm is
5intended to be used in the commission of a crime or attempt
6to commit a crime shall be criminally liable for such crime
7or attempted crime.

8(6) Notwithstanding any act or statute to the contrary,
9any person, licensed importer, licensed manufacturer or
10licensed dealer who knowingly and intentionally sells or
11delivers a firearm in violation of this chapter who has
12reason to believe that the firearm is intended to be used in
13the commission of a crime or attempt to commit a crime shall
14be liable in the amount of the civil judgment for injuries
15suffered by any person so injured by such crime or attempted
16crime.

17(h) Subsequent violation penalty.--

18(1) A second or subsequent violation of this section
19shall be a felony of the second degree. A person who at the 
20time of sentencing has been convicted of another offense 
21under this section shall be sentenced to a mandatory minimum
22sentence of imprisonment of five years. A second or
23subsequent offense shall also result in permanent revocation
24of any license to sell, import or manufacture a firearm.

25(2) Notice of the applicability of this subsection to
26the defendant and reasonable notice of the Commonwealth's
27intention to proceed under this section shall be provided
28prior to trial. The applicability of this section shall be
29determined at sentencing. The court shall consider evidence
30presented at trial, shall afford the Commonwealth and the

1defendant an opportunity to present necessary additional
2evidence and shall determine by a preponderance of the
3evidence if this section is applicable.

4(3) There shall be no authority for a court to impose on
5a defendant to which this subsection is applicable a lesser
6sentence than provided for in paragraph (1), to place the
7defendant on probation or to suspend sentence. Nothing in
8this section shall prevent the sentencing court from imposing
9a sentence greater than that provided in this section.
10Sentencing guidelines promulgated by the Pennsylvania
11Commission on Sentencing shall not supersede the mandatory
12sentences provided in this section.

13(4) If a sentencing court refuses to apply this
14subsection where applicable, the Commonwealth shall have the
15right to appellate review of the action of the sentencing
16court. The appellate court shall vacate the sentence and
17remand the case to the sentencing court for imposition of a
18sentence in accordance with this section if it finds that the
19sentence was imposed in violation of this subsection.

20(5) For the purposes of this subsection, a person shall
21be deemed to have been convicted of another offense under
22this section whether or not judgment of sentence has been
23imposed for that violation.

24(i) Confidentiality.--All information provided by the
25potential purchaser, transferee or applicant, including, but not
26limited to, the potential purchaser, transferee or applicant's
27name or identity, furnished by a potential purchaser or
28transferee under this section or any applicant for a license to
29carry a firearm as provided by section 6109 shall be
30confidential and not subject to public disclosure. In addition

1to any other sanction or penalty imposed by this chapter, any
2person, licensed dealer, State or local governmental agency or
3department that violates this subsection shall be liable in
4civil damages in the amount of $1,000 per occurrence or three
5times the actual damages incurred as a result of the violation,
6whichever is greater, as well as reasonable attorney fees.

7(j) Exemption.--

8(1) The provisions of subsections (a) and (b) shall not
9apply to:

10(i) sales between Federal firearms licensees; or

11(ii) the purchase of firearms by a chief law
12enforcement officer or his designee, for the official use
13of law enforcement officers.

14(2) For the purposes of this subsection, the term "chief
15law enforcement officer" shall include the Commissioner of
16the Pennsylvania State Police, the chief or head of a police
17department, a county sheriff or any equivalent law
18enforcement official.

19§ 6111.1. Pennsylvania State Police.

20(a) Administration.--The Pennsylvania State Police shall
21have the responsibility to administer the provisions of this
22chapter.

23(b) Duty of Pennsylvania State Police.--

24(1) Upon receipt of a request for a criminal history,
25juvenile delinquency history and mental health record check
26of the potential purchaser or transferee, the Pennsylvania
27State Police shall immediately during the licensee's call or
28by return call forthwith:

29(i) review the Pennsylvania State Police criminal
30history and fingerprint records to determine if the

1potential purchaser or transferee is prohibited from
2receipt or possession of a firearm under Federal or State
3law;

4(ii) review the juvenile delinquency and mental
5health records of the Pennsylvania State Police to
6determine whether the potential purchaser or transferee
7is prohibited from receipt or possession of a firearm
8under Federal or State law; and

9(iii) inform the licensee making the inquiry either:

10(A) that the potential purchase or transfer is
11prohibited; or

12(B) provide the licensee with a unique approval
13number.

14(2) In the event of electronic failure, scheduled
15computer downtime or similar event beyond the control of the
16Pennsylvania State Police, the Pennsylvania State Police
17shall immediately notify the requesting licensee of the
18reason for and estimated length of the delay. If the failure
19or event lasts for a period exceeding 48 hours, the dealer
20shall not be subject to any penalty for completing a
21transaction absent the completion of an instantaneous records
22check for the remainder of the failure or similar event, but
23the dealer shall obtain a completed application/record of
24sale following the provisions of section 6111(b)(1) and (1.1)
25(relating to sale or transfer of firearms) as if an
26instantaneous records check has not been established for any
27sale or transfer of a firearm for the purpose of a subsequent
28background check.

29(3) The Pennsylvania State Police shall fully comply,
30execute and enforce the directives of this section as

1follows:

2(i) The instantaneous background check for firearms
3as defined in section 6102 (relating to definitions)
4shall begin on July 1, 1998.

5(ii) The instantaneous background check for firearms
6that exceed the barrel lengths set forth in section 6102
7shall begin on the later of:

8(A) the date of publication of the notice under
9section 6111(a)(2); or

10(B) December 31, 1998.

11(4) The Pennsylvania State Police and any local law
12enforcement agency shall make all reasonable efforts to
13determine the lawful owner of any firearm confiscated or
14recovered by the Pennsylvania State Police or any local law
15enforcement agency and return said firearm to its lawful
16owner if the owner is not otherwise prohibited from
17possessing the firearm. When a court of law has determined
18that the Pennsylvania State Police or any local law
19enforcement agency have failed to exercise the duty under
20this subsection, reasonable attorney fees shall be awarded to
21any lawful owner of said firearm who has sought judicial
22enforcement of this subsection.

23(c) Establish a telephone number.--The Pennsylvania State
24Police shall establish a telephone number which shall be
25operational seven days a week between the hours of 8 a.m. and 10
26p.m. local time for purposes of responding to inquiries as
27described in this section from licensed manufacturers, licensed
28importers and licensed dealers. The Pennsylvania State Police
29shall employ and train such personnel as are necessary to
30administer expeditiously the provisions of this section.

1(d) Distribution.--The Pennsylvania State Police shall
2provide, without charge, summaries of uniform firearm laws and
3firearm safety brochures pursuant to section 6125 (relating to
4distribution of uniform firearm laws and firearm safety
5brochures).

6(e) Challenge to records.--

7(1) Any person who is denied the right to receive, sell,
8transfer, possess, carry, manufacture or purchase a firearm
9as a result of the procedures established by this section may
10challenge the accuracy of that person's criminal history,
11juvenile delinquency history or mental health record pursuant
12to a denial by the instantaneous records check by submitting
13a challenge to the Pennsylvania State Police within 30 days
14from the date of the denial.

15(2) The Pennsylvania State Police shall conduct a review
16of the accuracy of the information forming the basis for the
17denial and shall have the burden of proving the accuracy of
18the record. Within 20 days after receiving a challenge, the
19Pennsylvania State Police shall notify the challenger of the
20basis for the denial, including, but not limited to, the
21jurisdiction and docket number of any relevant court decision
22and provide the challenger an opportunity to provide
23additional information for the purposes of the review. The
24Pennsylvania State Police shall communicate its final
25decision to the challenger within 60 days of the receipt of
26the challenge. The decision of the Pennsylvania State Police
27shall include all information which formed a basis for the
28decision.

29(3) If the challenge is ruled invalid, the person shall
30have the right to appeal the decision to the Attorney General

1within 30 days of the decision. The Attorney General shall
2conduct a hearing de novo in accordance with the
3Administrative Agency Law. The burden of proof shall be upon
4the Commonwealth.

5(4) The decision of the Attorney General may be appealed
6to the Commonwealth Court by an aggrieved party.

7(f) Notification of mental health adjudication, treatment,
8commitment, drug use or addiction.--

9(1) Notwithstanding any statute to the contrary, judges
10of the courts of common pleas shall notify the Pennsylvania
11State Police, on a form developed by the Pennsylvania State
12Police, of:

13(i) the identity of any individual who has been
14adjudicated as an incompetent or as a mental defective or
15who has been involuntarily committed to a mental
16institution under the act of July 9, 1976 (P.L.817,
17No.143), known as the Mental Health Procedures Act, or
18who has been involuntarily treated as described in
19section 6105(c)(4) (relating to persons not to possess,
20use, manufacture, control, sell or transfer firearms) or
21as described in 18 U.S.C. § 922(g)(4) (relating to
22unlawful acts) and its implementing Federal regulations;
23and

24(ii) any finding of fact or court order related to
25any person described in 18 U.S.C. § 922(g)(3).

26(2) The notification shall be transmitted by the judge
27to the Pennsylvania State Police within seven days of the
28adjudication, commitment or treatment.

29(3) Notwithstanding any law to the contrary, the
30Pennsylvania State Police may disclose, electronically or

1otherwise, to the United States Attorney General or a
2designee, any record relevant to a determination of whether a
3person is disqualified from possessing or receiving a firearm
4under 18 U.S.C. § 922 (g)(3) or (4) or an applicable state
5statute.

6(g) Review by court.--

7(1) Upon receipt of a copy of the order of a court of
8competent jurisdiction which vacates a final order or an
9involuntary certification issued by a mental health review
10officer, the Pennsylvania State Police shall expunge all
11records of the involuntary treatment received under
12subsection (f).

13(2) A person who is involuntarily committed pursuant to
14section 302 of the Mental Health Procedures Act may petition
15the court to review the sufficiency of the evidence upon
16which the commitment was based. If the court determines that
17the evidence upon which the involuntary commitment was based
18was insufficient, the court shall order that the record of
19the commitment submitted to the Pennsylvania State Police be
20expunged. A petition filed under this subsection shall toll
21the 60-day period set forth under section 6105(a)(2).

22(3) The Pennsylvania State Police shall expunge all
23records of an involuntary commitment of an individual who is
24discharged from a mental health facility based upon the
25initial review by the physician occurring within two hours of
26arrival under section 302(b) of the Mental Health Procedures
27Act and the physician's determination that no severe mental
28disability existed pursuant to section 302(b) of the Mental
29Health Procedures Act. The physician shall provide signed
30confirmation of the determination of the lack of severe

1mental disability following the initial examination under
2section 302(b) of the Mental Health Procedures Act to the
3Pennsylvania State Police.

4(h) Juvenile registry.--

5(1) The contents of law enforcement records and files
6compiled under 42 Pa.C.S. § 6308 (relating to law enforcement
7records) concerning a child shall not be disclosed to the
8public except if the child is 14 years of age or older at the
9time of the alleged conduct and if any of the following
10apply:

11(i) The child has been adjudicated delinquent by a
12court as a result of an act or acts which constitute any
13offense enumerated in section 6105.

14(ii) A petition alleging delinquency has been filed
15by a law enforcement agency alleging that the child has
16committed an act or acts which constitute an offense
17enumerated in section 6105 and the child previously has
18been adjudicated delinquent by a court as a result of an
19act or acts which included the elements of one of such
20crimes.

21(2) Notwithstanding any provision of this subsection,
22the contents of law enforcement records and files concerning
23any child adjudicated delinquent for the commission of any
24criminal activity described in paragraph (1) shall be
25recorded in the registry of the Pennsylvania State Police for
26the limited purposes of this chapter.

27(i) Reports.--The Pennsylvania State Police shall annually
28compile and report to the General Assembly, on or before
29December 31, the following information for the previous year:

30(1) number of firearm sales, including the types of

1firearms;

2(2) number of applications for sale of firearms denied,
3number of challenges of the denials and number of final
4reversals of initial denials;

5(3) summary of the Pennsylvania State Police's
6activities, including the average time taken to complete a
7criminal history, juvenile delinquency history or mental
8health record check; and

9(4) uniform crime reporting statistics compiled by the
10Pennsylvania State Police based on the National Incident-
11based Reporting System.

12(j) Other criminal information.--The Pennsylvania State
13Police shall be authorized to obtain any crime statistics
14necessary for the purposes of this chapter from any local law
15enforcement agency.

16(j.1) Delinquency and mental health records.--The provisions
17of this section which relate to juvenile delinquency and mental
18health records checks shall be applicable when the data has been
19made available to the Pennsylvania State Police but not later
20than October 11, 1999.

21(j.2) Records check.--The provisions of this section which
22relate to the instantaneous records check conducted by telephone
23shall be applicable 30 days following notice by the Pennsylvania
24State Police pursuant to section 6111(a)(2).

25(j.3) Immunity.--The Pennsylvania State Police and its
26employees shall be immune from actions for damages for the use
27of a firearm by a purchaser or for the unlawful transfer of a
28firearm by a dealer unless the act of the Pennsylvania State
29Police or its employees constitutes a crime, actual fraud,
30actual malice or willful misconduct.

1(k) Definitions.--As used in this section, the following
2words and phrases shall have the meanings given to them in this
3subsection:

4"Firearm." The term shall have the same meaning as in
5section 6111.2 (relating to firearm sales surcharge).

6"Physician." Any licensed psychiatrist or clinical
7psychologist as defined in the act of July 9, 1976 (P.L.817,
8No.143), known as the Mental Health Procedures Act.

9§ 6111.2. Firearm sales surcharge.

10(a) Surcharge imposed.--There is hereby imposed on each sale
11of a firearm subject to tax under Article II of the act of March 
124, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, an
13additional surcharge of $3. This shall be referred to as the
14Firearm Sale Surcharge. All moneys received from this surcharge
15shall be deposited in the Firearm Instant Records Check Fund.

16(b) Increases or decreases.--Five years from the effective
17date of this subsection, and every five years thereafter, the
18Pennsylvania State Police shall provide such information as
19necessary to the Legislative Budget and Finance Committee for
20the purpose of reviewing the need to increase or decrease the
21instant check fee. The committee shall issue a report of its
22findings and recommendations to the General Assembly for a
23statutory change in the fee.

24(c) Revenue sources.--Funds received under the provisions of
25this section and section 6111(b)(3) (relating to sale or
26transfer of firearms), as estimated and certified by the
27Secretary of Revenue, shall be deposited within five days of the
28end of each quarter into the fund.

29(d) Definition.--As used in this section only, the term
30"firearm" shall mean any weapon which is designed to or may

1readily be converted to expel any projectile by the action of an
2explosion or the frame or receiver of any such weapon.

3§ 6111.3. Firearm Records Check Fund.

4(a) Establishment.--The Firearm Records Check Fund is hereby
5established as a restricted account in the State Treasury,
6separate and apart from all other public money or funds of the
7Commonwealth, to be appropriated annually by the General
8Assembly, for use in carrying out the provisions of section 6111
9(relating to firearm ownership). The moneys in the fund on June
101, 1998, are hereby appropriated to the Pennsylvania State
11Police.

12(b) Source.--The source of the fund shall be moneys
13collected and transferred under section 6111.2 (relating to
14firearm sales surcharge) and moneys collected and transferred
15under section 6111(b)(3).

16§ 6111.4. Registration of firearms.

17Notwithstanding any section of this chapter to the contrary,
18nothing in this chapter shall be construed to allow any
19government or law enforcement agency or any agent thereof to
20create, maintain or operate any registry of firearm ownership
21within this Commonwealth. For the purposes of this section only,
22the term "firearm" shall include any weapon that is designed to
23or may readily be converted to expel any projectile by the
24action of an explosive or the frame or receiver of any such
25weapon.

26§ 6111.5. Rules and regulations.

27The Pennsylvania State Police shall in the manner provided by
28law promulgate the rules and regulations necessary to carry out
29this chapter, including regulations to ensure the identity,
30confidentiality and security of all records and data provided

1pursuant hereto.

2§ 6112. Retail dealer required to be licensed.

3No retail dealer shall sell, or otherwise transfer or expose
4for sale or transfer, or have in his possession with intent to
5sell or transfer, any firearm as defined in section 6113(d)
6(relating to licensing of dealers) without being licensed as
7provided in this chapter.

8§ 6113. Licensing of dealers.

9(a) General rule.--The chief or head of any police force or
10police department of a city, and, elsewhere, the sheriff of the
11county, shall grant to reputable applicants licenses, in form
12prescribed by the Pennsylvania State Police, effective for three
13years from date of issue, permitting the licensee to sell
14firearms direct to the consumer, subject to the following
15conditions in addition to those specified in section 6111
16(relating to sale or transfer of firearms), for breach of any of
17which the license shall be forfeited and the licensee subject to
18punishment as provided in this subchapter:

19(1) The business shall be carried on only upon the
20premises designated in the license or at a lawful gun show or
21meet.

22(2) The license, or a copy thereof, certified by the
23issuing authority, shall be displayed on the premises where
24it can easily be read.

25(3) No firearm shall be sold in violation of any
26provision of this subchapter.

27(4) No firearm shall be sold under any circumstances
28unless the purchaser is personally known to the seller or
29shall present clear evidence of the purchaser's identity.

30(5) A true record in triplicate shall be made of every

1firearm sold, in a book kept for the purpose, the form of
2which may be prescribed by the Pennsylvania State Police, and
3shall be personally signed by the purchaser and by the person
4effecting the sale, each in the presence of the other, and
5shall contain the information required by section 6111. The
6record shall be maintained by the licensee for a period of 20
7years.

8(6) No firearm as defined in section 6102 (relating to
9definitions) shall be displayed in any part of any premises
10where it can readily be seen from the outside. In the event
11that the Commissioner of the Pennsylvania State Police shall
12find a clear and present danger to public safety within this
13Commonwealth or any area thereof, firearms shall be stored
14and safeguarded pursuant to regulations to be established by
15the Pennsylvania State Police by the licensee during the
16hours when the licensee is closed for business.

17(7) The dealer shall possess all applicable current
18revenue licenses.

19(b) Fee.--The fee for issuing said license shall be $30,
20which fee shall be paid into the county treasury.

21(c) Revocation.--Any license granted under subsection (a) of
22this section may be revoked for cause by the person issuing the
23same, upon written notice to the holder thereof.

24(d) Definitions.--For the purposes of this section and
25section 6112 (relating to retail dealer required to be licensed)
26only unless otherwise specifically provided, the term "firearm"
27shall include any weapon that is designed to or may readily be
28converted to expel any projectile by the action of an explosive
29or the frame or receiver of any such weapon.

30§ 6114. Judicial review.

1The action of the chief of police, sheriff, county treasurer
2or other officer under this subchapter shall be subject to
3judicial review in the manner and within the time provided by 2 
4Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local
5agency action). A judgment sustaining a refusal to grant a
6license shall not bar, after one year, a new application; nor
7shall a judgment in favor of the petitioner prevent the
8defendant from thereafter revoking or refusing to renew such
9license for any proper cause which may thereafter occur. The
10court shall have full power to dispose of all costs.

11§ 6115. Loans on, or lending or giving firearms prohibited.

12(a) Offense defined.--No person shall make any loan secured
13by mortgage, deposit or pledge of a firearm, nor, except as
14provided in subsection (b), shall any person lend or give a
15firearm to another or otherwise deliver a firearm contrary to
16the provisions of this subchapter.

17(b) Exception.--

18(1) Subsection (a) shall not apply if any of the
19following apply:

20(i) The person who receives the firearm is licensed
21to carry a firearm under section 6109 (relating to
22licenses).

23(ii) The person who receives the firearm is exempt
24from licensing.

25(iii) The person who receives the firearm is engaged
26in a hunter safety program certified by the Pennsylvania
27Game Commission or a firearm training program or
28competition sanctioned or approved by the National Rifle
29Association.

30(iv) The person who receives the firearm meets all

1of the following:

2(A) Is under 18 years of age.

3(B) Pursuant to section 6110.1 (relating to
4possession of firearm by minor) is under the
5supervision, guidance and instruction of a
6responsible individual who:

7(I) is 21 years of age or older; and

8(II) is not prohibited from owning or
9possessing a firearm under section 6105 (relating
10to persons not to possess, use, manufacture,
11control, sell or transfer firearms).

12(v) The person who receives the firearm is lawfully
13hunting or trapping and is in compliance with the
14provisions of Title 34 (relating to game).

15(vi) A bank or other chartered lending institution
16is able to adequately secure firearms in its possession.

17(2) Nothing in this section shall be construed to
18prohibit the transfer of a firearm under 20 Pa.C.S. Ch. 21
19(relating to intestate succession) or by bequest if the
20individual receiving the firearm is not precluded from owning
21or possessing a firearm under section 6105.

22(3) Nothing in this section shall be construed to
23prohibit the loaning or giving of a firearm to another in
24one's dwelling or place of business if the firearm is
25retained within the dwelling or place of business.

26(4) Nothing in this section shall prohibit the
27relinquishment of firearms to a third party in accordance
28with 23 Pa.C.S. § 6108.3 (relating to relinquishment to third
29party for safekeeping).

30§ 6116. False evidence of identity.

1In addition to any other penalty provided in this chapter,
2the furnishing of false information or offering false evidence
3of identity is a violation of section 4904 (relating to unsworn
4falsification to authorities).

5§ 6117. Altering or obliterating marks of identification.

6(a) Offense defined.--No person shall change, alter, remove,
7or obliterate the manufacturer's number integral to the frame or
8receiver of any firearm which shall have the same meaning as
9provided in section 6105 (relating to persons not to possess,
10use, manufacture, control, sell or transfer firearms).

11(c) Penalty.--A violation of this section constitutes a
12felony of the second degree.

13§ 6118. Antique firearms.

14(a) General rule.--This subchapter shall not apply to
15antique firearms.

16(b) Exception.--Subsection (a) shall not apply to the extent
17that such antique firearms, reproductions or replicas of
18firearms are concealed weapons as provided in section 6106
19(relating to firearms not be carried without a license), nor
20shall it apply to the provisions of section 6105 (relating to
21persons not to possess, use, manufacture, control, sell or
22transfer firearms) if such antique firearms, reproductions or
23replicas of firearms are suitable for use.

24(c) Definition.--As used in this section, the term "antique 
25firearm" means:

26(1) Any firearm with a matchlock, flintlock or
27percussion cap type of ignition system.

28(2) Any firearm manufactured on or before 1898.

29(3) Any replica of any firearm described in paragraph
30(2) if such replica:

1(i) is not designed or redesigned for using rimfire
2or conventional center fire fixed ammunition; or

3(ii) uses rimfire or conventional center fire fixed
4ammunition which is no longer manufactured in the United
5States and which is not readily available in the ordinary
6channels of commercial trade.

7§ 6119. Violation penalty.

8Except as otherwise specifically provided, an offense under
9this subchapter constitutes a misdemeanor of the first degree.

10§ 6120. Limitation on the regulation of firearms and
11ammunition.

12(a) General rule.--No county, municipality or township may
13in any manner regulate the lawful ownership, possession,
14transfer or transportation of firearms, ammunition or ammunition
15components when carried or transported for purposes not
16prohibited by the laws of this Commonwealth.

17(a.1) No right of action.--

18(1) No political subdivision may bring or maintain an
19action at law or in equity against any firearms or ammunition
20manufacturer, trade association or dealer for damages,
21abatement, injunctive relief or any other relief or remedy
22resulting from or relating to either the lawful design or
23manufacture of firearms or ammunition or the lawful marketing
24or sale of firearms or ammunition to the public.

25(2) Nothing in this subsection shall be construed to
26prohibit a political subdivision from bringing or maintaining
27an action against a firearms or ammunition manufacturer or
28dealer for breach of contract or warranty as to firearms or
29ammunition purchased by the political subdivision.

30(b) Definitions.--As used in this section, the following

1words and phrases shall have the meanings given to them in this
2subsection:

3"Dealer." The term shall include any person engaged in the
4business of selling at wholesale or retail a firearm or
5ammunition.

6"Firearms." This term shall have the meaning given to it in
7section 5515 (relating to prohibiting of paramilitary training)
8but shall not include air rifles as that term is defined in
9section 6304 (relating to sale and use of air rifles).

10"Political subdivision." The term shall include any home
11rule charter municipality, county, city, borough, incorporated
12town, township or school district.

13§ 6121. Certain bullets prohibited.

14(a) Offense defined.--It is unlawful for any person to
15possess, use or attempt to use a KTW teflon-coated bullet or
16other armor-piercing ammunition while committing or attempting
17to commit a crime of violence as defined in section 6102
18(relating to definitions).

19(b) Grading.--An offense under this section constitutes a
20felony of the third degree.

21(c) Sentencing.--Any person who is convicted in any court of
22this Commonwealth of a crime of violence and who uses or
23carries, in the commission of that crime, a firearm loaded with
24KTW ammunition or any person who violates this section shall, in
25addition to the punishment provided for the commission of the
26crime, be sentenced to a term of imprisonment for not less than
27five years. Notwithstanding any other provision of law, the
28court shall not suspend the sentence of any person convicted of
29a crime subject to this subsection nor place him on probation
30nor shall the term of imprisonment run concurrently with any

1other term of imprisonment including that imposed for the crime
2in which the KTW ammunition was being used or carried. No person
3sentenced under this subsection shall be eligible for parole.

4(d) Definition.--As used in this section the term "armor-
5piercing ammunition" means ammunition which, when or if fired
6from any firearm as defined in section 6102 that is used or
7attempted to be used in violation of subsection (a) under the
8test procedure of the National Institute of Law Enforcement and
9Criminal Justice Standard for the Ballistics Resistance of
10Police Body Armor promulgated December 1978, is determined to be
11capable of penetrating bullet-resistant apparel or body armor
12meeting the requirements of Type IIA of Standard NILECJ-STD-
130101.01 as formulated by the United States Department of Justice
14and published in December of 1978.

15§ 6122. Proof of license and exception.

16(a) General rule.--When carrying a firearm concealed on or
17about one's person or in a vehicle, an individual licensed to
18carry a firearm shall, upon lawful demand of a law enforcement
19officer, produce the license for inspection. Failure to produce
20such license either at the time of arrest or at the preliminary
21hearing shall create a rebuttable presumption of nonlicensure.

22(b) Exception.--An individual carrying a firearm on or about
23his person or in a vehicle and claiming an exception under
24section 6106(b) (relating to firearms not to be carried without
25a license) shall, upon lawful demand of a law enforcement
26officer, produce satisfactory evidence of qualification for
27exception.

28§ 6123. Waiver of disability or pardons.

29A waiver of disability from Federal authorities as provided
30for in 18 U.S.C. § 925 (relating to exceptions; relief from

1disabilities), a full pardon from the Governor or an overturning
2of a conviction shall remove any corresponding disability under
3this subchapter except the disability under section 6105
4(relating to persons not to possess, use, manufacture, control,
5sell or transfer firearms).

6§ 6124. Administrative regulations.

7The commissioner may establish form specifications and
8regulations, consistent with section 6109(c) (relating to
9licenses), with respect to uniform forms control, including the
10following:

11(1) License to carry firearms.

12(2) Firearm registration.

13(3) Dealer's license.

14(4) Application for purchase of a firearm.

15(5) Record of sale of firearms.

16§ 6125. Distribution of uniform firearm laws and firearm safety
17brochures.

18It shall be the duty of the Pennsylvania State Police
19beginning January 1, 1996, to distribute to every licensed
20firearm dealer in this Commonwealth firearms safety brochures at
21no cost to the dealer. The brochures shall be written by the
22Pennsylvania State Police, with the cooperation of the
23Pennsylvania Game Commission, and shall include a summary of the
24major provisions of this subchapter, including, but not limited
25to, the duties of the sellers and purchasers and the transferees
26of firearms. The brochure or a copy thereof shall be provided
27without charge to each purchaser.

28§ 6127. Firearm tracing.

29(a) Illegal possession.--Upon confiscating or recovering a
30firearm from the possession of anyone who is not permitted by

1Federal or State law to possess a firearm, a local law
2enforcement agency shall use the best available information,
3including a firearms trace where necessary, to determine how and
4from where the person gained possession of the firearm.

5(b) Tracing.--Local law enforcement shall use the National
6Tracing Center of the Federal Bureau of Alcohol, Tobacco,
7Firearms and Explosives in complying with subsection (a).

8(c) Notification.--Local law enforcement agencies shall
9advise the Pennsylvania State Police of all firearms that are
10recovered in accordance with this section.

11SUBCHAPTER B

12FIREARMS GENERALLY

13Sec.

146141.1. Purchase of rifles and shotguns outside this
15Commonwealth.

166142. Locking device for firearms.

17§ 6141.1. Purchase of rifles and shotguns outside this
18Commonwealth.

19Nothing in this chapter shall be construed to prohibit a
20person in this Commonwealth who may lawfully purchase, possess,
21use, control, sell, transfer or manufacture a firearm which
22exceeds the barrel and related lengths set forth in section 6102
23(relating to definitions) from lawfully purchasing or otherwise
24obtaining such a firearm in a jurisdiction outside this
25Commonwealth.

26§ 6142. Locking device for firearms.

27(a) Offense defined.--It shall be unlawful for any licensee
28to sell, deliver or transfer any firearm as defined in section
296102 (relating to definitions), other than an antique firearm as
30defined in section 6118 (relating to antique firearms), to any

1other person, other than another licensee, unless the transferee
2is provided with or purchases a locking device for that firearm
3or the design of the firearm incorporates a locking device.

4(b) Exceptions.--Firearms for transfer to or possession by
5any law enforcement officer employed by any Federal, State or
6local government entity or rail police employed and certified by
7a rail carrier as a police officer are not subject to the
8provisions of this section.

9(c) Penalties.--A violation of the provisions of this
10section shall be a summary offense.

11(d) Good faith compliance.--A licensee who in good faith
12complies with this section shall not be civilly liable as a
13result of such compliance with this section, except for any acts
14or omissions intentionally designed to harm or for grossly
15negligent acts or omissions which result in harm.

16(e) Admissibility of evidence.--A transferee's purchase or
17receipt of a locking device in conjunction with the purchase of
18a firearm pursuant to this section shall not be admissible as
19evidence in any civil action brought against the transferee.

20(f) Definitions.--As used in this section, the following
21words and phrases shall have the meanings given to them in this
22subsection:

23"Licensee." Any licensed manufacturer, importer or dealer of
24firearms.

25"Locking device." Either of the following:

26(1) a device that, when installed on a firearm, is
27designed to prevent the firearm from being operated without
28first deactivating the device; or

29(2) a device that is incorporated into the design of a
30firearm and that is designed to prevent the operation of the

1firearm by anyone not having access to the device.

2SUBCHAPTER C

3OTHER DANGEROUS ARTICLES

4Sec.

56161. Carrying explosives on conveyances.

66162. Shipping explosives.

7§ 6161. Carrying explosives on conveyances.

8(a) Offense defined.--A person is guilty of a misdemeanor of
9the second degree if he enters into or upon any railroad train,
10locomotive, tender or car thereof, or into or upon any
11automobile or other conveyance used for the carrying of freight
12or passengers, having in his custody or about his person any
13nitroglycerine or other explosive, other than as freight
14regularly shipped as such.

15(b) Powers of crew.--The conductor or person having charge
16and control of any railroad train, coach, or other conveyance
17for the carriage of freight or passengers, may arrest any person
18found violating the provisions of this section and detain such
19person until reaching some place, where such person may be
20delivered to a constable or other police authority.

21(c) Venue.--It shall be lawful to prosecute such offenders
22in any county through which said public conveyance passes,
23without reference to the place where such offenders were
24arrested.

25§ 6162. Shipping explosives.

26(a) Offense defined.--A person is guilty of a misdemeanor of
27the third degree if he knowingly delivers, or causes to be
28delivered to any transportation company, or to any person
29engaged in the business of transportation, any explosive
30material adapted for blasting, or for any other purpose for

1which such articles may be used, under any false or deceptive
2invoice or description, or without informing the carrier at or
3before the time when such delivery is made, of the true nature
4of the same, and without having the keg, barrel, can or package
5containing the same plainly marked with the name of the
6explosive material therein contained, together with the word
7"dangerous."

8(b) Damages.--Any person convicted of an offense under this
9section shall, in addition to any other penalty, be responsible
10for all damages to persons or property directly or indirectly
11resulting from the explosion of any such article.

12(c) Opening of suspected containers.--Any person engaged in
13the business of transportation, upon affidavit made of the fact
14that any container tendered for transportation, not in
15compliance with the provisions of this section is believed to
16contain explosive material, may require such container to be
17opened, and refuse to receive any such container unless such
18requirement is complied with.

19(d) Disposition of explosives.--If such container is opened
20and found to contain any explosive material, the container and
21its contents shall be forthwith removed to any lawful place for
22the storing of explosives. After conviction of the offender, or
23after three months from such removal, the container, with its
24contents, shall be sold at public sale, after the expiration of
25ten days from notice of the time and place of such sale,
26published in one newspaper in the county where such seizure
27shall have been made. The proceeds of such sale, after deducting
28therefrom the expenses of removal, storage, advertisement and
29sale, shall be paid into the treasury of the county.

30SUBCHAPTER D

1STRAW PURCHASE PREVENTION

2EDUCATION PROGRAM

3Sec.

4§ 6181. Scope of subchapter.

5§ 6182. Legislative findings and declarations.

6§ 6183. Definitions.

7§ 6184. Straw Purchase Prevention Education Program.

8§ 6185. Powers and duties of Attorney General.

9§ 6186. Straw Purchase Prevention Education Fund.

10§ 6187. Transfer for initial funding.

11§ 6181. Scope of subchapter.

12This subchapter provides for the establishment of the Straw
13Purchase Prevention Education Program within the Office of
14Attorney General.

15§ 6182. Legislative findings and declarations.

16The General Assembly finds and declares that:

17(1) The illegal purchase of firearms throughout this
18Commonwealth is a threat to public safety and security.

19(2) Urban areas are experiencing increased violence as a
20result of criminal misuse of firearms. Stemming the flow of
21these illegal firearms through straw purchases will help to
22curb the crime rate throughout this Commonwealth and increase
23public safety.

24(3) Educating the public that illegally purchasing a
25firearm for someone otherwise prohibited from possessing one
26is a serious crime and punishable under Federal law by ten
27years' imprisonment advances public safety.

28(4) Committed to educating firearms dealers and the
29general public, the National Shooting Sports Foundation, in
30partnership with the Bureau of Alcohol, Tobacco, Firearms and

1Explosives, in July 2000 created the "Don't Lie for the Other
2Guy Program."

3(5) The "Don't Lie for the Other Guy Program" was
4developed to raise public awareness that it is a serious
5crime to purchase a firearm for someone who cannot legally do
6so and to educate firearms dealers on how to better detect
7and deter potential straw purchases. The campaign delivers
8the message that anyone attempting an illegal firearm
9purchase faces a stiff Federal penalty.

10(6) The "Don't Lie for the Other Guy Program" is vital
11to educating federally licensed firearms dealers and their
12employees on how to recognize and deter the illegal purchase
13of firearms through straw purchases. This program is an
14important tool for the Bureau of Alcohol, Tobacco, Firearms
15and Explosives to pursue its mission of preventing terrorism,
16reducing violent crime and protecting the public.

17(7) The nationally recognized "Don't Lie for the Other
18Guy Program" has been endorsed by United States attorneys
19throughout the nation, various law enforcement agencies, the
20Bureau of Alcohol, Tobacco, Firearms and Explosives and the
21Department of Justice.

22(8) It is in the best interest of this Commonwealth to
23establish a straw purchase prevention education program
24within the Office of Attorney General to provide resources
25and direct grant money to the "Don't Lie for the Other Guy
26Program" and similar programs that offer straw purchase
27prevention education.

28§ 6183. Definitions.

29The following words and phrases when used in this subchapter
30shall have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2"Fund." The Straw Purchase Prevention Education Fund
3established in section 6186 (relating to Straw Purchase
4Prevention Education Fund).

5"Program." The Straw Purchase Prevention Education Program
6established in section 6184 (relating to Straw Purchase
7Prevention Education Program).

8§ 6184. Straw Purchase Prevention Education Program.

9(a) Establishment.--The Straw Purchase Prevention Education
10Program is established and shall provide resources and direct
11grant money to underwrite the cost of implementing an
12educational and public service outreach program in the
13community.

14(b) Outreach.--The educational and public service outreach
15program shall inform individuals of the illegal nature of
16purchasing a firearm for an individual prohibited from owning
17firearms. The outreach program shall be developed by a not-for-
18profit organization which:

19(1) Is a national trade association representing the
20shooting, hunting and firearm industry.

21(2) Has a membership consisting of firearm
22manufacturers, firearm distributors, firearm retailers,
23publishers and sportsmen's organizations.

24(3) Has been in existence for at least 45 years prior to
25the effective date of this section.

26(c) Priority of grants.--Grants shall be prioritized based
27on the highest incidence of firearm violence in a county of this
28Commonwealth.

29§ 6185. Powers and duties of Attorney General.

30In addition to any other powers and duties, the Attorney

1General of the Commonwealth shall:

2(1) Establish a grant program to provide moneys from the
3fund pursuant to section 6184 (relating to Straw Purchase
4Prevention Education Program).

5(2) Promulgate rules and regulations to carry out the
6provisions of this subchapter.

7§ 6186. Straw Purchase Prevention Education Fund.

8(a) Establishment.--The Straw Purchase Prevention Education
9Fund is hereby established in the State Treasury as a restricted
10account. The fund shall consist of funds appropriated by the
11General Assembly.

12(b) Continuing appropriation.--All moneys in the fund and
13the interest accruing thereon are hereby appropriated to the
14Office of Attorney General on a continuing basis to carry out
15the provisions of this subchapter.

16§ 6187. Transfer for initial funding.

17The sum of $100,000 is hereby transferred from the General
18Fund to the Straw Purchase Prevention Education Fund for
19expenditure during the fiscal year July 1, 2009, to June 30,
202010, to carry out the provisions of this subchapter.]

21Section 2. Title 18 is amended by adding a chapter to read:

22CHAPTER 62

23FIREARMS AND OTHER DANGEROUS ARTICLES

24Subchapter

25A.  General Provisions

26B.  Disqualifications

27C.  Sales and Background Checks

28D.  Licensure

29E.  Safety and Responsibility

30F.  Straw Purchase Prevention Education Program

1G.  Violations

2SUBCHAPTER A

3GENERAL PROVISIONS

4Sec.

56201.  Short title.

66202.  Definitions.

76203.  Administration.

86204.  Judicial review.

96205.  Forms.

106206.  Annual report.

116207.  Preservation of constitutional rights.

12§ 6201.  Short title.

13This chapter shall be known and may be cited as the
14Pennsylvania Firearms Act.

15§ 6202.  Definitions.

16The following words and phrases when used in this chapter
17shall have the meanings given to them in this section unless the
18context clearly indicates otherwise:

19"Antique firearm."

20(1)  Subject to paragraph (2), any of the following:

21(i)  A firearm with a matchlock, flintlock or
22percussion cap type of ignition system.

23(ii)  A firearm manufactured during or before 1898.

24(iii)  A replica of any firearm described under
25paragraph (2) if the replica:

26(A)  is not designed or redesigned for using
27rimfire or conventional center fire fixed ammunition;
28or

29(B)  uses rimfire or conventional center fire
30fixed ammunition that is no longer manufactured in

1the United States and that is not readily available
2in the ordinary channels of commercial trade.

3(2)  A firearm that would otherwise meet the definition
4under paragraph (1) shall not be considered an antique
5firearm for purposes of the following:

6(i)  Section 6211 (relating to disqualification from
7possession or ownership).

8(ii)  Section 6212 (relating to disqualification
9based on protection from abuse order).

10(iii)  Section 6232 (relating to license to carry) if
11the antique firearm is suitable for use.

12"Armor-piercing ammunition."  As defined in 18 U.S.C. §
13921(a)(17) (relating to definitions).

14"Barrel length."  The measurement of a firearm determined by
15measuring from the muzzle of the barrel to the face of the
16closed action, bolt or cylinder, whichever is applicable.

17"Commissioner."  The Commissioner of Pennsylvania State
18Police.

19"Commonwealth Photo Imaging Network."  The computer network
20administered by the Commonwealth and used to record and store
21digital photographs of an individual's face and any scars,
22marks, tattoos or other unique features of the individual.

23"Conviction."  A conviction, a finding of guilty or the
24entering of a plea of guilty or nolo contendere, whether or not
25judgment of sentence has been imposed, as determined by the law
26of the jurisdiction in which the prosecution was held. The term
27excludes a conviction that has been expunged or overturned or
28for which an individual has been pardoned unless the pardon
29expressly provides that the individual may not possess or
30transport a firearm.

1"County treasurer."  The county treasurer or, in a home rule
2or optional plan county, the individual whose duties encompass
3those of a county treasurer.

4"Crime punishable by imprisonment exceeding one year."  The
5term excludes Federal or State offenses pertaining to antitrust,
6unfair trade practices, restraints on trade or regulation of
7business.

8"Dealer" or "licensed dealer."  Any of the following:

9(1)  A person licensed under this chapter.

10(2)  A person engaged in the business of selling firearms
11at wholesale or retail. For purposes of this paragraph, the
12phrase "engaged in the business" means devoting time,
13attention and labor to:

14(i)  manufacturing firearms or ammunition as a
15regular course of trade or business with the principal
16objective of livelihood and profit through the sale or
17distribution of the firearms or ammunition manufactured;

18(ii)  dealing in firearms through the repetitive
19purchase and resale of firearms, but not regarding
20occasional sales, exchanges or purchases of firearms for
21the enhancement of a personal collection or for a hobby
22or regarding the sale of all or part of the person's
23personal collection of firearms; or

24(iii)  importing firearms or ammunition as a regular
25course of trade or business with the principal objective
26of livelihood and profit through the sale or distribution
27of the firearms or ammunition imported.

28(3)  A person engaged in the business of repairing
29firearms or of making or fitting special barrels, stocks or
30trigger mechanisms to firearms. For purposes of this

1paragraph, the phrase "engaged in the business" means
2devoting time, attention and labor to engaging in the
3activity as a regular course of trade or business with the
4principal objective of livelihood and profit, but not
5regarding the occasional repair of firearms or the occasional
6fitting of special barrels, stocks or trigger mechanisms to
7firearms.

8(4)  A pawnbroker. For purposes of this paragraph, the
9term "pawnbroker" means a person whose business or occupation
10includes the taking or receiving, by way of pledge or pawn,
11of a firearm as security for the payment or repayment of
12money.

13(5)  Except as otherwise provided in paragraph (2)(ii), a
14person who sells or trades firearms at a gun show or event.
15For purposes of this paragraph, the term "gun show" shall be
16as defined in 27 CFR § 178.100(b) (relating to conduct of
17business away from licensed premises).

18For purposes of this definition, the phrase "with the principal
19objective of livelihood and profit" shall mean that the intent
20underlying the sale or disposition is predominantly one of
21pecuniary gain, as opposed to other intents, such as improving
22or liquidating a personal firearms collection.

23"Disability."  An individual's disqualification from the
24ownership, possession or control of a firearm.

25"Firearm."  Either of the following:

26(1)  A weapon that is designed to or may readily be
27converted to expel a projectile by the action of an
28explosive.

29(2)  The frame or receiver of a weapon under paragraph
30(1).

1"Firearm background check."  A review of the criminal
2history, juvenile delinquency history and mental health records
3of an individual applying to obtain ownership of a firearm.

4"Handgun."  Any of the following firearms:

5(1)  A pistol or revolver with a barrel length less than
615 inches.

7(2)  A shotgun with a barrel length less than 18 inches.

8(3)  A rifle with a barrel length less than 16 inches.

9(4)  A pistol, revolver, rifle or shotgun with an overall
10length of less than 26 inches.

11"Law enforcement officer."  Any of the following:

12(1)  An individual who is:

13(i)  employed by a police department or organization
14of the Commonwealth or political subdivision thereof;

15(ii)  empowered to effect an arrest with or without
16warrant; and

17(iii)  authorized to carry a firearm in the
18performance of that individual's duties.

19(2)  A sheriff or deputy sheriff.

20(3)  A constable or deputy constable who is:

21(i)  empowered to effect an arrest with or without
22warrant; and

23(ii)  certified or qualified pursuant to 44 Pa.C.S. §
247148 (relating to use of firearms) to carry or use a
25firearm in the performance of that individual's duties.

26"License to carry."  Authorization under section 6232
27(relating to license to carry) to carry a handgun concealed on
28or about the individual or in a vehicle within this
29Commonwealth.

30"Loaded."  A firearm is loaded if the firing chamber, the

1nondetachable magazine or, in the case of a revolver, any of the
2chambers of the cylinder contain ammunition capable of being
3fired. In the case of a firearm that uses a detachable magazine,
4the term means a magazine suitable for use in the firearm that
5contains ammunition and has been inserted in the firearm or is
6in the same container or, where the container has multiple
7compartments, the same compartment as the firearm. The pouch,
8holder, holster or other protective device shall be deemed to be
9a separate compartment if the magazine is inserted into a pouch,
10holder, holster or other protective device that provides for a
11complete and secure enclosure of the ammunition.

12"Locking device."  Either of the following:

13(1)  A device that when installed on a handgun is
14designed to prevent the handgun from being operated without
15first deactivating the device.

16(2)  A device that is incorporated into the design of a
17handgun and that is designed to prevent the operation of the
18handgun by anyone not having access to the device.

19"Long gun."  A firearm that is not a handgun.

20"Private sale."  A sale or transfer between two nonlicensed
21individuals.

22"Purchaser."  An individual acquiring a firearm by purchase
23or other transfer of ownership.

24"Safekeeping permit."  As defined in 23 Pa.C.S. § 6102(a)
25(relating to definitions).

26"Seller."  An individual licensed as an importer,
27manufacturer or dealer of firearms.

28"Sheriff."

29(1)  Except as provided in paragraph (2), the sheriff of
30the county.

1(2)  In a city of the first class, the chief or head of
2the police department.

3"State."  When used in reference to different parts of the
4United States, includes the District of Columbia, the
5Commonwealth of Puerto Rico and territories and possessions of
6the United States.

7§ 6203.  Administration.

8(a)  Duty of State Police.--The Pennsylvania State Police
9shall have the responsibility to administer the provisions of
10this chapter.

11(b)  Rules and regulations.--The Pennsylvania State Police
12shall promulgate rules and regulations necessary to carry out
13this chapter, including regulations to ensure the identity,
14confidentiality and security of all records and data provided
15under this chapter.

16(c) Immunity.--The Pennsylvania State Police and its
17employees are immune from actions for damages for the use of a
18firearm by a purchaser or for the unlawful transfer of a firearm
19by a seller unless the act of the Pennsylvania State Police or
20its employees constitutes a crime, actual fraud, actual malice
21or willful misconduct.

22§ 6204.  Judicial review.

23(a)  Procedure.--An action of a chief of police, sheriff,
24county treasurer or other officer under this chapter shall be
25subject to judicial review in the manner and within the time
26provided by 2 Pa.C.S. Ch. 7 Subch. B (relating to judicial
27review of local agency action).

28(b)  Judgment.--The following shall apply:

29(1)  A judgment sustaining a refusal to grant a license
30may not bar, after one year, a new application for a license.

1(2)  A judgment in favor of the petitioner may not
2prevent the defendant from thereafter revoking or refusing to
3renew the license for any proper cause that may later occur.

4(c)  Costs.--The court may dispose of all costs regarding
5judicial review under this section.

6§ 6205.  Forms.

7Consistent with section 6232(c) (relating to license to
8carry), the commissioner may establish form specifications and
9regulations, with respect to uniform forms control, including
10the following:

11(1)  License to carry a handgun.

12(2)  Firearm registration.

13(3)  Dealer's license.

14(4)  Application for purchase of a firearm.

15(5)  Record of sale of firearms.

16§ 6206.  Annual report.

17On or before December 31, the Pennsylvania State Police shall
18annually compile and report to the General Assembly the
19following information for the previous year:

20(1)  The number of firearm sales, including the types of
21firearms.

22(2)  The number of applications for sale of firearms
23denied.

24(3)  The number of challenges to denials of applications
25for sale of firearms.

26(4)  The number of final reversals of initial denials of
27applications for sale of firearms.

28(5)  A summary of the activities of the Pennsylvania
29State Police, including the average time taken to complete a
30firearm background check.

1(6)  Uniform crime reporting statistics compiled by the
2Pennsylvania State Police based on the National Incident-
3Based Reporting System enforcement agency.

4§ 6207.  Preservation of constitutional rights.

5(a)  Registry of firearms ownership prohibited.--The
6following shall apply:

7(1)  Subject to paragraph (2) and notwithstanding any
8provision of this chapter to the contrary, nothing in this
9chapter may be construed to allow a government or law
10enforcement agency or any agent thereof to create, maintain
11or operate any registry of firearm ownership within this
12Commonwealth.

13(2)  Maintenance of records specified under this chapter
14for the specific purposes authorized by this chapter is
15permissible.

16(b)  Limitation on regulation of firearms and ammunition.--No
17political subdivision may:

18(1)  regulate in any manner the lawful ownership,
19possession, transfer or transportation of firearms,
20ammunition or ammunition components when carried or
21transported for purposes not prohibited by the laws of this
22Commonwealth; or

23(2)  bring or maintain an action at law or in equity
24against any firearms or ammunition manufacturer, trade
25association or dealer for damages, abatement, injunctive
26relief or any other relief or remedy resulting from or
27relating to either the lawful design or manufacture of
28firearms or ammunition or the lawful marketing or sale of
29firearms or ammunition to the public. Nothing in this
30paragraph may be construed to prohibit a political

1subdivision from bringing or maintaining an action against a
2firearms or ammunition manufacturer or dealer for breach of
3contract or warranty as to firearms or ammunition purchased
4by the political subdivision.

5(c)  Seizure, taking and confiscation.--Except as provided in
6section 6241(b) (relating to other firearms restrictions) and
7notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to
8Commonwealth services) or any other provision of law to the
9contrary, no firearm, accessory or ammunition may be seized,
10taken or confiscated during an emergency proclaimed by a State
11or municipal governmental executive unless the seizure, taking
12or confiscation would otherwise be authorized in the absence of
13an emergency.

14(d)  Definitions.--As used in this section, the following
15words and phrases shall have the meanings given to them in this
16subsection:

17"Accessory."  A scope, sight, bipod, sling, light, magazine,
18clip or other related item that is attached to or necessary for
19the operation of a firearm.

20"Firearm."  As defined in section 6202 (relating to
21definitions), except that the term shall not include an air
22rifle as defined in section 6304(g) (relating to sale and use of
23air rifles).

24"Political subdivision." The term shall include any home
25rule charter municipality, county, city, borough, incorporated
26town, township or school district.

27SUBCHAPTER B

28DISQUALIFICATIONS

29Sec.

306211.  Disqualification from possession or ownership.

16212.  Disqualification based on protection from abuse order.

26213.  Relinquishment of firearms upon disqualification.

36214.  Notice of disqualifying event to sheriff.

46215. Disposition of firearms in law enforcement custody.

56216.  Relief from disability.

66217.  Effect of Federal waiver or pardon.

76218.  Restoration of firearms rights for offenses under prior
8laws.

9§ 6211.  Disqualification from possession or ownership.

10(a)  Offense defined.--No individual may possess, use,
11control, sell, transfer or manufacture or obtain a license to
12possess, use, control, sell, transfer or manufacture a firearm
13in this Commonwealth if either of the following has occurred:

14(1)  The individual has been convicted of an offense
15under subsection (b), within or outside this Commonwealth,
16regardless of the length of sentence.

17(2)  The conduct of the individual meets the criteria
18established in subsection (c).

19(b)  Disqualifying offenses.--The following offenses shall
20apply to subsection (a)(1):

21(1)  Section 908 (relating to prohibited offensive
22weapons).

23(2)  Section 911 (relating to corrupt organizations).

24(3)  Section 912 (relating to possession of weapon on
25school property).

26(4)  Section 2502 (relating to murder).

27(5)  Section 2503 (relating to voluntary manslaughter).

28(6)  Section 2504 (relating to involuntary manslaughter),
29if the offense is based on the reckless use of a firearm.

30(7)  Section 2702 (relating to aggravated assault).

1(8)  Section 2703 (relating to assault by prisoner).

2(9)  Section 2704 (relating to assault by life prisoner).

3(10)  Section 2709.1 (relating to stalking).

4(11)  Section 2716 (relating to weapons of mass
5destruction).

6(12)  Section 2901 (relating to kidnapping).

7(13)  Section 2902 (relating to unlawful restraint).

8(14)  Section 2910 (relating to luring a child into a
9motor vehicle or structure).

10(15)  Section 3121 (relating to rape).

11(16)  Section 3123 (relating to involuntary deviate
12sexual intercourse).

13(17)  Section 3125 (relating to aggravated indecent
14assault).

15(18)  Section 3301 (relating to arson and related
16offenses).

17(19)  Section 3302 (relating to causing or risking
18catastrophe).

19(20)  Section 3502 (relating to burglary).

20(21)  Section 3503 (relating to criminal trespass), if
21the offense is graded a felony of the second degree or
22higher.

23(22)  Section 3701 (relating to robbery).

24(23)  Section 3702 (relating to robbery of motor
25vehicle).

26(24)  Section 3921 (relating to theft by unlawful taking
27or disposition), upon conviction of the second felony
28offense.

29(25)  Section 3923 (relating to theft by extortion), when
30the offense is accompanied by threats of violence.

1(26)  Section 3925 (relating to receiving stolen
2property), upon conviction of the second felony offense.

3(27)  Section 4906 (relating to false reports to law
4enforcement authorities), if the fictitious report involved
5the theft of a firearm as provided in section 4906(c)(2).

6(28)  Section 4912 (relating to impersonating a public
7servant), if the individual is impersonating a law
8enforcement officer.

9(29)  Section 4952 (relating to intimidation of witnesses
10or victims).

11(30)  Section 4953 (relating to retaliation against
12witness, victim or party).

13(31)  Section 5121 (relating to escape).

14(32)  Section 5122 (relating to weapons or implements for
15escape).

16(33)  Section 5501(3) (relating to riot).

17(34)  Section 5515 (relating to prohibiting of
18paramilitary training).

19(35)  Section 5516 (relating to facsimile weapons of mass
20destruction).

21(36)  Section 6110.1 (relating to possession of firearm
22by minor).

23(37)  Section 6301 (relating to corruption of minors).

24(38)  Section 6302 (relating to sale or lease of weapons
25and explosives).

26(39)  An offense equivalent to any of the offenses set
27forth in paragraphs (1) through (38) under:

28(i)  the prior laws of this Commonwealth; or

29(ii)  Federal law or the statutes of any other state.

30(c)  Disqualifying conduct.--In addition to any individual

1who has been convicted of an offense under subsection (b), the
2following individuals are subject to the prohibition under
3subsection (a):

4(1)  An individual who is a fugitive from justice. This
5paragraph does not apply to an individual whose fugitive
6status is based upon a nonmoving or moving summary offense
7under 75 Pa.C.S. (relating to vehicles).

8(2)  An individual who has been convicted of an offense
9under the act of April 14, 1972 (P.L.233, No.64), known as
10The Controlled Substance, Drug, Device and Cosmetic Act, or
11any equivalent Federal statute or equivalent statute of any
12other state, that may be punishable by a term of imprisonment
13exceeding two years.

14(3)  An individual who has been convicted of driving
15under the influence of alcohol or controlled substance as
16provided under 75 Pa.C.S. § 3802 (relating to driving under
17influence of alcohol or controlled substance) or former 75
18Pa.C.S. § 3731 (relating to driving under influence of
19alcohol or controlled substance), on three or more separate
20occasions within a five-year period. For the purposes of this
21paragraph only, the prohibition of subsection (a) shall apply
22only to transfers or purchases of firearms after the third
23conviction.

24(4)  An individual who has been adjudicated as
25incapacitated under 20 Pa.C.S. Ch. 55 (relating to
26incapacitated persons) to possess a firearm.

27(5)  An individual who has been involuntarily committed
28to a mental institution for inpatient care and treatment
29under section 302, 303 or 304 of the act of July 9, 1976
30(P.L.817, No.143), known as the Mental Health Procedures

1Act. This paragraph shall not apply to any proceeding under
2section 302 of the Mental Health Procedures Act unless the
3examining physician has issued a certification that inpatient
4care was necessary or that the individual was committable.

5(6)  An individual who, being an alien, is illegally or
6unlawfully in the United States.

7(7)  An individual who is the subject of an active
8protection from abuse order issued under 23 Pa.C.S. § 6108
9(relating to relief), which order provided for the
10relinquishment of firearms during the period of time the
11order is in effect. This prohibition shall terminate upon the
12expiration or vacation of an active protection from abuse
13order or portion thereof relating to the relinquishment of
14firearms.

15(8)  An individual who was adjudicated delinquent by a
16court under 42 Pa.C.S. § 6341 (relating to adjudication) or
17under any equivalent Federal statute or statute of any other
18state as a result of conduct, which, if committed by an
19adult, would constitute an offense under any of the
20following:

21(i)  Section 2502, 2503, 2702, 2703, 2704, 2901,
223121, 3123, 3301, 3502, 3701 or 3923.

23(ii)  Subsection (b), except for those crimes under
24subparagraph (i). The prohibition under this subparagraph
25shall terminate 15 years after the last applicable
26delinquent adjudication or upon the individual reaching
2730 years of age, whichever date occurs earlier.

28(iii)  Section 13(a)(30) of The Controlled Substance,
29Drug, Device and Cosmetic Act. The prohibition under this
30subparagraph shall terminate 15 years after the last

1applicable delinquent adjudication or upon the individual
2reaching 30 years of age, whichever date occurs earlier.

3(9)  An individual who is prohibited from possessing or
4acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to
5unlawful acts). If the offense that resulted in the
6prohibition under 18 U.S.C. § 922(g)(9) was committed, as
7provided under 18 U.S.C. § 921(a)(33)(A)(ii) (relating to
8definitions), by an individual in any of the following
9relationships, then the relationship does not need to be an
10element of the offense to meet the requirements of this
11paragraph:

12(i)  The current or former spouse, parent or guardian
13of the victim.

14(ii)  An individual with whom the victim shares a
15child in common.

16(iii)  An individual who cohabits with or has
17cohabited with the victim as a spouse, parent or
18guardian.

19(iv)  An individual similarly situated to a spouse,
20parent or guardian of the victim.

21(d) License prohibition.--An individual who is prohibited
22from possessing, using, controlling, selling, purchasing,
23transferring or manufacturing a firearm under this section may
24not be eligible for or permitted to obtain a license to carry
25under section 6232 (relating to license to carry).

26§ 6212.  Disqualification based on protection from abuse order.

27(a)  Transfer period.--Section 6213 (relating to
28relinquishment of firearms upon disqualification) shall not
29apply to an individual whose disability is the result of the
30individual becoming the subject of an active protection from

1abuse order as provided under section 6211(c)(7) (relating to
2disqualification from possession or ownership).

3(b)  Relinquishment to sheriff.--An individual who is the
4subject of an active protection from abuse order issued under 23
5Pa.C.S. § 6108 (relating to relief), which order provided for
6the relinquishment of firearms, other weapons or ammunition
7during the period of time the order is in effect, commits a
8misdemeanor of the first degree if the individual intentionally
9or knowingly fails to relinquish the firearms, other weapons or
10ammunition to the sheriff as required by the order unless, in
11lieu of relinquishment, the individual provides an affidavit
12that lists the firearms, other weapons or ammunition to the
13sheriff in accordance with 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2
14(relating to relinquishment for consignment sale, lawful
15transfer or safekeeping) or 6108.3 (relating to relinquishment
16to third party for safekeeping).

17(c)  Acceptance of weapons from disqualified individual.--An
18individual who intentionally or knowingly accepts possession of
19a firearm, other weapon or ammunition from another individual
20who the individual knows is the subject of an active protection
21from abuse order issued under 23 Pa.C.S. § 6108, which order
22provided for the relinquishment of the firearm, other weapon or
23ammunition during the period of time the order is in effect, is
24guilty of a misdemeanor of the third degree. This prohibition
25does not apply to:

26(1)  A third party accepting possession of the firearm,
27other weapon or ammunition relinquished under 23 Pa.C.S. §
286108.3.

29(2)  A dealer licensed under section 6231 (relating to
30licensure of firearms dealers) or subsequent purchaser from a

1dealer licensed pursuant to section 6231, who accepts
2possession of the firearm, other weapon or ammunition
3relinquished under 23 Pa.C.S. § 6108.2.

4(d)  Affirmative defense.--It is an affirmative defense to
5any prosecution under subsection (b) that the individual
6accepting possession of a firearm, other weapon or ammunition in
7violation of that subsection:

8(1)  notified the sheriff as soon as practical that the
9individual has taken possession; and

10(2)  relinquished possession of the firearm, other weapon
11or ammunition possessed in violation of subsection (b) as
12directed by the sheriff.

13(e)  Access to weapons.--An individual who has accepted
14possession of a firearm, other weapon or ammunition under 23
15Pa.C.S. § 6108.3 commits a misdemeanor of the first degree if
16the individual intentionally or knowingly returns the firearm,
17other weapon or ammunition to the defendant or intentionally or
18knowingly allows the defendant to have access to the firearm,
19other weapon or ammunition prior to the sheriff accepting return
20of the safekeeping permit issued to the party under 23 Pa.C.S. §
216108.3(d)(1)(i), under section 6216(e) (relating to relief from
22disability) or 23 Pa.C.S. § 6108.1(b) (relating to return of
23relinquished firearms, other weapons and ammunition and
24additional relief) which modifies a valid protection from abuse
25order issued under 23 Pa.C.S. § 6108, which order provided for
26the relinquishment of the firearm, other weapon or ammunition by
27allowing the defendant to take possession of the firearm, other
28weapon or ammunition that had previously been ordered
29relinquished.

30§ 6213.  Relinquishment of firearms upon disqualification.

1(a)  Time frame for relinquishment.--Except as otherwise
2provided under section 6212 (relating to disqualification based
3on protection from abuse order), an individual who is prohibited
4from possessing, using, controlling, selling, transferring or
5manufacturing a firearm under section 6211 (relating to
6disqualification from possession or ownership) shall have a
7reasonable period of time, not to exceed 60 days from the date
8of the imposition of the disability under section 6211, in which
9to sell or transfer that individual's firearms to another
10eligible individual who is not a member of the prohibited
11individual's household.

12(b)  Firearms included.--All firearms owned by a person
13living in the household of the prohibited individual shall be
14transferred under subsection (a).

15(c)  Enforcement.--An arrest for a violation of this section
16may be without warrant upon probable cause by a police officer
17or sheriff.

18(d)  Seizure of firearms, other weapons and ammunition.--
19Subsequent to an arrest under subsection (c), the police officer
20or sheriff shall seize all firearms, other weapons and
21ammunition in the defendant's possession. As soon as it is
22reasonably possible, the arresting officer shall deliver the
23confiscated firearms, other weapons and ammunition to the office
24of the sheriff. The sheriff shall maintain possession of the
25firearms, other weapons and ammunition until the court
26determines that the defendant is no longer disqualified from
27firearms ownership under section 6216 (relating to relief from
28disability), at which time the firearms, other weapons and
29ammunition shall be promptly returned to the defendant.

30(e)  Receipt for relinquished firearm.--The owner of a seized

1or confiscated firearm or of a firearm ordered relinquished
2under 23 Pa.C.S. § 6108 shall be provided with a signed and
3dated written receipt by the appropriate law enforcement
4agency. This receipt shall include a detailed identifying
5description indicating the serial number and condition of the
6firearm.

7§ 6214.  Notice of disqualifying event to sheriff.

8(a)  Disqualifying offense or conduct.--The following shall
9apply:

10(1)  Subject to the provisions of section 6212 (relating
11to disqualification based on protection from abuse order),
12this subsection shall apply upon:

13(i)  conviction of an individual for a crime
14specified in section 6211(a) or (b) (relating to
15disqualification from possession or ownership);

16(ii)  conviction of an individual for a crime
17punishable by imprisonment exceeding one year; or

18(iii)  a determination that the conduct of an
19individual meets the criteria specified under section
206211(c)(1), (2), (3), (6), (7) or (9).

21(2)  Subject to paragraph (1), the court shall determine
22whether the defendant has a license to carry a handgun issued
23under section 6232 (relating to license to carry). If the
24defendant has a license, the court shall notify the sheriff
25of the county in which that individual resides, on a form
26developed by the Pennsylvania State Police, of the identity
27of the individual and the nature of the crime or conduct that
28resulted in the notification.

29(b)  Disqualification for mental health reasons.--The
30following shall apply:

1(1)  This subsection shall apply upon:

2(i)  adjudication that an individual is incapacitated
3under 20 Pa.C.S. Ch. 55 (relating to incapacitated
4persons) to possess a firearm;

5(ii)  the involuntary commitment of an individual to
6a mental institution for inpatient care and treatment
7under the act of July 9, 1976 (P.L.817, No.143), known as
8the Mental Health Procedures Act; or

9(iii)  the involuntary treatment of an individual as
10described under section 6211(c)(5).

11(2)  Subject to paragraph (1), the judge of the court of
12common pleas, mental health review officer or county mental
13health and intellectual disability administrator shall notify
14the sheriff of the county in which that individual resides,
15on a form developed by the Pennsylvania State Police, of the
16identity of the individual who has been adjudicated,
17committed or treated and the nature of the adjudication,
18commitment or treatment.

19(c)  Timing of notice.--The notification required under this
20section shall be transmitted to the sheriff within seven days of
21the disqualifying event.

22§ 6215.  Disposition of firearms in law enforcement custody.

23(a)  Liability for loss or damage.--The appropriate law
24enforcement agency shall be liable to the lawful owner of a
25confiscated, seized or relinquished firearm for any loss, damage
26or substantial decrease in value of the firearm that is a direct
27result of a lack of reasonable care by the appropriate law
28enforcement agency.

29(b)  Permanent markings and test firing.--The following shall
30apply:

1(1)  A firearm may not be engraved or permanently marked
2in any manner, including engraving of evidence or other
3identification numbers.

4(2)  Unless reasonable suspicion exists to believe that a
5particular firearm has been used in the commission of a
6crime, no firearm may be test fired.

7(3)  Any reduction in the value of a firearm due to test
8firing, engraving or permanently marking in violation of this
9subsection shall be considered damage, and the law
10enforcement agency shall be liable to the lawful owner of the
11firearm for the reduction in value caused by the test firing,
12engraving or permanent marking.

13(4)  For purposes of this subsection, a firearm includes
14any scope, sight, bipod, sling, light, magazine, clip,
15ammunition or other firearm accessory attached to or seized,
16confiscated or relinquished with the firearm.

17(c)  Confiscated or recovered firearms.--Subject to
18subsection (d), the Pennsylvania State Police and a local law
19enforcement agency shall make all reasonable efforts to
20determine the lawful owner of a firearm confiscated or recovered
21by the Pennsylvania State Police or a local law enforcement
22agency and return the firearm to its lawful owner if the owner
23is not otherwise prohibited from possessing the firearm. When a
24court determines that the Pennsylvania State Police or a local
25law enforcement agency failed to exercise the duty under this
26subsection, reasonable attorney fees shall be awarded to the
27lawful owner of a firearm who sought judicial enforcement of
28this subsection.

29(d)  Firearm tracing.--Upon confiscating or recovering a
30firearm from the possession of an individual who is not

1permitted by Federal or State law to possess a firearm, a local
2law enforcement agency shall use the best available information,
3including a firearms trace where necessary, to determine how and
4from where the individual gained possession of the firearm. In
5conducting a firearms trace in compliance with this subsection,
6a local law enforcement agency shall:

7(1)  use the National Tracing Center of the Federal
8Bureau of Alcohol, Tobacco, Firearms and Explosives; and

9(2)  advise the Pennsylvania State Police of all firearms
10that are recovered in accordance with this subsection.

11§ 6216.  Relief from disability.

12(a)  Who may apply for relief.--An individual who is
13disqualified under section 6211 (relating to disqualification
14from possession or ownership) may apply for relief from the
15disability imposed by this subchapter.

16(b)  Application and hearing regarding certain offenses.--The
17following shall apply:

18(1)  This subsection shall apply in the case of an
19individual whose disqualification is based on section
206211(a), (b) or (c)(1), (2), (3), (6), (8) or (9).

21(2)  Application for relief from disability under this
22chapter shall be made to the court of common pleas of the
23county where the principal residence of the applicant is
24situated.

25(3)  A hearing under this subsection shall be held in
26open court to determine whether the requirements of this
27section have been met.

28(4)  The commissioner and the district attorney of the
29county where the application is filed and any victim or
30survivor of a victim of the offense upon which the disability

1is based shall have standing to participate in the proceeding
2under this section.

3(5)  The court shall grant relief if it determines that
4any of the following apply:

5(i)  The conviction has been vacated under
6circumstances where all appeals have been exhausted or
7where the right to appeal has expired.

8(ii)  The conviction has been the subject of a full
9pardon by the Governor.

10(iii)  Each of the following conditions is met:

11(A)  The Secretary of the Treasury of the United
12States has relieved the applicant of an applicable
13disability imposed by Federal law upon the
14possession, ownership or control of a firearm as a
15result of the applicant's prior conviction, except
16that the court may waive this condition if the court
17determines that the Congress of the United States has
18not appropriated sufficient funds to enable the
19Secretary of the Treasury to grant relief to
20applicants eligible for the relief.

21(B)  Excluding any time spent in incarceration, a
22period of ten years has elapsed since the most recent
23conviction of the applicant of any of the following:

24(I)  An offense under section 6211(b) or (c)
25(3) or (9).

26(II)  A felony violation of the act of April
2714, 1972 (P.L.233, No.64), known as The
28Controlled Substance, Drug, Device and Cosmetic
29Act.

30(c)  Application and hearing regarding incapacity or

1commitment.--The following shall apply:

2(1)  This subsection shall:

3(i)  apply in the case of an individual whose
4disqualification is based on section 6211(c)(4) or (5);
5and

6(ii)  be subject to the certification provision under
7section 6211(c)(5).

8(2)  Application for relief from disability under this
9chapter shall be made to the court of common pleas of the
10county in which the order under 20 Pa.C.S. Ch. 55 (relating
11to incapacitated persons) or the act of July 9, 1976
12(P.L.817, No.143), known as the Mental Health Procedures Act,
13was issued.

14(3)  A hearing under this subsection shall be closed
15unless otherwise requested to be open by the applicant.

16(4)  The court may grant any relief it deems appropriate
17if:

18(i)  the court determines that the applicant may
19possess a firearm without risk to the applicant or any
20other individual; or

21(ii)  the treating licensed physician or licensed
22clinical psychologist of the disqualified individual
23provides testimony or a sworn statement that the
24disqualification is no longer necessary to protect the
25health or safety of the individual or any other
26individual.

27(d)  Application and hearing regarding protection from abuse
28orders.--Application for relief from disability under this
29chapter for an individual whose disqualification is based on
30section 6211(c)(7) shall be governed by 23 Pa.C.S. Ch. 61

1(relating to protection from abuse).

2(e) Relief not granted.--Nothing in this section exempts an
3individual from a disability in relation to the possession or
4control of a firearm that is imposed:

5(1)  as a condition of probation or parole; or

6(2) under any other provision of law.

7(f)  Order granting relief from disability.--If the court
8grants relief from the disability under this section, a copy of
9the order shall be sent by the prothonotary within ten days of
10the entry of the order to the Pennsylvania State Police and
11shall include the name, date of birth and Social Security number
12of the individual.

13§ 6217.  Effect of Federal waiver or pardon.

14(a)  General rule.--Subject to subsection (b), any of the
15following events shall remove a corresponding disability under
16this subchapter:

17(1)  A waiver of disability from Federal authorities as
18provided for under 18 U.S.C. § 925 (relating to exceptions;
19relief from disabilities).

20(2)  A full pardon from the Governor.

21(3)  An overturning of a conviction.

22(b)  Disability not automatically removed.--A disability
23imposed under section 6211 (relating to disqualification from
24possession or ownership) or 6212 (relating to disqualification
25based on protection from abuse order) may not be automatically
26relieved as provided under subsection (a), but shall be subject
27to the procedures set forth under section 6216 (relating to
28relief from disability).

29§ 6218.  Restoration of firearms rights for offenses under prior
30laws.

1(a)  Restoration available.--An individual convicted of a
2disabling offense may apply to the court of common pleas in the
3county where the principal residence of the applicant is
4situated for restoration of firearms rights unless any of the
5following apply:

6(1)  The applicant has been convicted of any other
7offense specified under section 6211(a) or (b) (relating to
8disqualification from possession or ownership) or the
9applicant's conduct meets the criteria under section 6211(c)
10(1), (2), (3), (4), (5), (6), (7) or (8)(i).

11(2)  The applicant has been convicted of any other crime
12punishable by imprisonment exceeding one year.

13(3)  The applicant's character and reputation is such
14that the applicant would be likely to act in a manner
15dangerous to public safety.

16(b)  Notice.--Notice of an application for restoration of
17firearms rights shall be provided to the following, who may
18choose to be a party to the proceeding:

19(1)  The Pennsylvania State Police.

20(2)  The district attorney of the county where the
21disabling offense occurred.

22(3)  The district attorney of the county where the
23application is filed.

24(c)  Procedure.--The court shall hold a hearing in open court
25regarding the application under this section, subject to the
26following:

27(1)  The court shall grant restoration of firearms rights
28to an applicant if it determines that the requirements of
29this section have been met.

30(2)  The role of the Pennsylvania State Police as a party

1to a proceeding under this section shall be limited to a
2determination of whether:

3(i)  the applicant's offense meets the definition of
4a disabling offense under this section; or

5(ii)  the applicant is ineligible for restoration of
6firearms rights under subsection (a)(1) or (2).

7(3)  If the court grants restoration of firearms rights
8to an applicant, a copy of the order shall be sent by the
9prothonotary within ten days of the entry of the order to the
10persons listed under subsection (b) and include the name,
11date of birth and Social Security number of the applicant.

12(d)  Limited effect of restoration.--A restoration of
13firearms rights under this section may not:

14(1)  result in the expungement of criminal history record
15information; or

16(2)  constitute a gubernatorial pardon.

17(e)  Definitions.--As used in this section, the following
18words and phrases shall have the meanings given to them in this
19subsection:

20"Disabling offense."  A conviction for any offense that meets
21all of the following criteria:

22(1)  Is a violation of any of the following former laws:

23(i)  The act of May 1, 1929 (P.L.905, No.403), known
24as The Vehicle Code.

25(ii)  The act of June 24, 1939 (P.L.872, No.375),
26known as the Penal Code.

27(iii)  The act of April 29, 1959 (P.L.58, No.32),
28known as The Vehicle Code.

29(2)  Resulted in a Federal firearms disability and is
30substantially similar to either an offense currently graded

1as a crime punishable by a term of imprisonment for not more
2than two years or conduct that no longer constitutes a
3violation of law.

4(3)  Is not an offense that, if committed under
5contemporary standards, would constitute a misdemeanor of the
6second degree or greater under section 2701 (relating to
7simple assault) and was committed by any of the following:

8(i)  A current or former spouse, parent or guardian
9of the victim.

10(ii)  An individual with whom the victim shares a
11child in common.

12(iii)  An individual who is cohabiting with or has
13cohabited with the victim as a spouse, parent or
14guardian.

15(iv)  An individual similarly situated to a spouse,
16parent or guardian of the victim.

17"Restoration of firearms rights."  Relieving each disability
18with respect to an individual's right to own, possess, use,
19control, sell, purchase, transfer, manufacture, receive, ship or
20transport a firearm, including a disability imposed by this
21subchapter.

22SUBCHAPTER C

23SALES AND BACKGROUND CHECKS

24Sec.

256221.  Sale or transfer of firearms.

266222.  Sale or transfer of handguns.

276223.  Sale or transfer of long guns.

286224.  Firearm sale surcharge.

296225.  Firearm background checks.

306226.  Access to mental health records for firearm background

1check purposes.

26227.  Access to juvenile registry for firearm background check
3purposes.

46228.  Challenge to firearm background checks.

5§ 6221.  Sale or transfer of firearms.

6(a)  Applicability.--The following shall apply:

7(1)  No seller may sell or deliver a firearm to another
8individual until the conditions of this section have been
9met.

10(2)  The provisions of this section are in addition to
11any requirements imposed under sections 6222 (relating to
12sale or transfer of handguns) and 6223 (relating to sale or
13transfer of long guns).

14(3)  This section does not apply to transfers to another
15seller or to a licensed collector.

16(4)  This section does not apply to transactions
17involving antique firearms.

18(5)  The provisions of this section and sections 6222 and
196223 do not apply to:

20(i)  Sales between Federal firearms licensees.

21(ii)  The purchase of firearms by the commissioner,
22the chief or head of a police department, a county
23sheriff or any equivalent law enforcement official, or a
24designee of any of the foregoing, for the official use of
25law enforcement officers.

26(6)  Compliance with the provisions of this section and
27sections 6222 and 6223 is a defense to any criminal complaint
28under the laws of this Commonwealth or other claim or cause
29of action under this subchapter arising from the sale or
30transfer of any firearm.

1(b)  Presentation of photoidentification.--The following
2shall apply:

3(1)  A seller of a firearm shall inspect
4photoidentification of a potential purchaser or transferee,
5which may include a driver's license, official Pennsylvania
6photoidentification card or official government
7photoidentification card.

8(2)  In the case of a potential purchaser or transferee
9of a firearm who is a member of a recognized religious sect
10or community whose tenets forbid or discourage the taking of
11photographs of members of that sect or community, a seller of
12firearms shall accept a valid-without-photo driver's license
13or a combination of documents, as prescribed by the
14Pennsylvania State Police, containing the applicant's name,
15address, date of birth and the signature of the applicant.

16(c)  Background check.--The following shall apply:

17(1)  A seller of a firearm shall request by means of a
18telephone call that the Pennsylvania State Police conduct a
19criminal history, juvenile delinquency history and mental
20health records background check of a potential purchaser or
21transferee.

22(2)  The purchaser or transferee and the seller shall
23provide the necessary information to accurately identify the
24purchaser or transferee.

25(3)  The person requesting the check under this
26subsection shall be charged a fee equivalent to the cost of
27providing the service but not to exceed $2 per purchaser or
28transferee.

29(d)  Approval number.--A transfer of a firearm may not occur
30until the seller has received a unique approval number for a

1background check from the Pennsylvania State Police and recorded
2the date and the number on the application/record of sale form.

3(e)  Receipt.--A seller of a firearm shall issue a receipt
4containing the information from subsection (d), including the
5unique approval number of the purchaser. This receipt is prima
6facie evidence of the purchaser's or transferee's compliance
7with the provisions of this section.

8(f)  Retention of information.--Unless it has been discovered
9pursuant to a criminal history, juvenile delinquency and mental
10health records background check that the potential purchaser or
11transferee is prohibited from possessing a firearm pursuant to
12this subchapter, no information received via telephone following
13the implementation of the instantaneous background check system
14from a purchaser who has received a unique approval number may
15be retained by the Pennsylvania State Police.

16(g)  Temporary delay in approval of purchase or transfer.--
17For purposes of the enforcement of 18 U.S.C. § 922(d)(9), (g)(1)
18and (s)(1) (relating to unlawful acts), in the event the
19criminal history or juvenile delinquency background check
20indicates a conviction for a misdemeanor that the Pennsylvania
21State Police cannot determine is or is not related to an act of
22domestic violence, the Pennsylvania State Police shall issue a
23temporary delay of the approval of the purchase or transfer,
24subject to the following:

25(1)  During the temporary delay, the Pennsylvania State
26Police shall conduct a review or investigation of the
27conviction with courts, local police departments, district
28attorneys and other law enforcement or related institutions
29as necessary to determine whether or not the misdemeanor
30conviction involved an act of domestic violence.

1(2)  The Pennsylvania State Police shall conduct the
2review or investigation as expeditiously as possible.

3(3)  No firearm may be transferred by the seller to the
4purchaser who is the subject of the investigation during the
5temporary delay.

6(4)  The Pennsylvania State Police shall notify the
7seller of the termination of the temporary delay and either
8deny the sale or provide the unique approval number under
9subsection (d).

10(h)  Disposition of fees collected.--Fees collected under
11paragraph (c)(3) and section 6224 (relating to firearm sale
12surcharge) shall be transmitted to the Pennsylvania State Police
13within 14 days of collection.

14§ 6222. Sale or transfer of handguns.

15(a)  Applicability.--The following shall apply:

16(1)  This section applies to the sale or transfer of a
17handgun, in addition to the requirements of section 6221
18(relating to sale or transfer of firearms).

19(2)  Subsection (b) does not apply to any law enforcement
20officer whose current identification as a law enforcement
21officer is construed as a valid license to carry a handgun or
22any individual who possesses a valid license to carry a
23handgun under section 6232 (relating to license to carry).

24(3)  Subsection (b) does not apply to an applicant who
25presents to the seller a written statement stating that the
26applicant requires access to a firearm because of a threat to
27the life of the applicant or a member of the household of
28that applicant. The written statement shall conform to the
29following:

30(i)  The statement shall be issued by:

1(A)  the chief of police in the municipality in
2which the purchaser resides; or

3(B)  if the applicant resides in a municipality
4where there is no chief of police, the district
5attorney, or the designee of the district attorney,
6of the county of residence of the applicant.

7(ii)  The statement shall be issued during the ten-
8day period ending on the date of the most recent proposal
9of the transfer or sale by the purchaser.

10(iii)  The issuing official shall notify the
11applicant's local police authority that the statement has
12been issued. In a county of the first class, the chief of
13police shall notify the police station or substation
14closest to the applicant's residence.

15(b)  Time and manner of delivery.--Subject to subsection (a)
16(3):

17(1)  No seller may deliver a handgun to a purchaser until
1848 hours have elapsed from the time of the application for
19the purchase of the handgun.

20(2)  When delivered, the handgun shall be securely
21wrapped and unloaded.

22(c)  Application form.--A seller of a handgun shall obtain an
23application/record of sale from the potential purchaser filled
24out in triplicate. The form of this application/record of sale
25shall be no more than one page in length and shall be
26promulgated by the Pennsylvania State Police and provided by the
27seller. The application/record of sale shall include the
28following information:

29(1)  Date of application.

30(2)  Name, address, date of birth, gender, race, physical

1description and Social Security number of the purchaser.

2(3)  Caliber, length of barrel, make, model and
3manufacturer's number of the handgun to be purchased.

4(4)  The following question:

5Are you the actual buyer of the handgun(s) listed on
6this application/record of sale? Warning: You are not
7the actual buyer if you are acquiring the handgun(s)
8on behalf of another individual, unless you are
9legitimately acquiring the firearm as a gift for any
10of the following individuals who are legally eligible
11to own a handgun:

12(1)  Spouse.

13(2)  Parent.

14(3)  Child.

15(4)  Grandparent.

16(5)  Grandchild.

17(5)  A statement, next to a check-off box, that the
18purchaser has received a firearms safety brochure as set
19forth in section 6243(c) (relating to firearms safety).  The
20purchaser shall indicate the receipt of the brochure by
21checking the box.

22(d)  Disposition of application.--An application under this
23section shall be distributed as follows:

24(1)  The original shall be sent to the Pennsylvania State
25Police, postmarked via first class mail, within 14 days of
26the sale.

27(2)  One copy shall be retained by the seller for a
28period of 20 years.

29(3)  One copy shall be provided to the purchaser.

30(e)  Locking device.--No seller shall sell, deliver or

1transfer a handgun to any purchaser unless the purchaser is
2provided with or purchases a locking device for that handgun or
3the design of the handgun incorporates a locking device, except
4for the following situations:

5(1)  The purchaser is another seller.

6(2)  The handgun meets the definition of an antique
7firearm.

8(3)  The handgun is for transfer to or possession by a
9law enforcement officer or by rail police employed and
10certified by a rail carrier as a police officer.

11(f)  Loans on and lending or giving handguns.--Except as
12provided under subsections (g) and (h), no individual may:

13(1)  Make a loan secured by mortgage, deposit or pledge
14of a handgun.

15(2)  Lend or give a handgun to another individual.

16(3)  Otherwise deliver a handgun contrary to the
17provisions of this subchapter.

18(g)  Exceptions to lending or giving prohibition.--Subsection
19(f) shall not apply if any of the following apply:

20(1)  The person who receives the handgun is licensed to
21carry a firearm under section 6232.

22(2)  The person who receives the handgun is exempt from
23licensing.

24(3)  The person who receives the handgun is engaged in a
25hunter safety program certified by the Pennsylvania Game
26Commission or a firearm training program or competition
27sanctioned or approved by the National Rifle Association.

28(4)  The person who receives the handgun meets all of the
29following requirements:

30(i)  Is under 18 years of age.

1(ii)  Pursuant to section 6241(d) (relating to other
2firearms restrictions) is under the supervision, guidance
3and instruction of a responsible individual who:

4(A)  is 21 years of age or older; and

5(B)  is not prohibited from owning or possessing
6a firearm under section 6211 (relating to
7disqualification from possession or ownership) or
86212 (relating to disqualification based on
9protection from abuse order).

10(5)  The person who receives the handgun is lawfully
11hunting or trapping and is in compliance with the provisions
12of 34 Pa.C.S. (relating to game).

13(6)  A bank or other chartered lending institution
14receiving the handgun is able to adequately secure firearms
15in its possession.

16(h)  Impact of prohibition on lending.--Nothing in this
17section shall be construed to prohibit any of the following:

18(1)  The transfer of a firearm under 20 Pa.C.S. Ch. 21
19(relating to intestate succession) or by bequest if the
20individual receiving the handgun is not precluded from owning
21or possessing a firearm under section 6211 or 6212.

22(2)  The lending or giving of a handgun to another in
23one's dwelling or place of business if the handgun is
24retained within the dwelling or place of business.

25(3)  The relinquishment of a firearm to a third party in
26accordance with 23 Pa.C.S. § 6108.3 (relating to
27relinquishment to third party for safekeeping).

28(i)  Private sales of handguns.--An individual who is not a
29seller as defined in section 6202 (relating to definitions) and
30who desires to sell or transfer a handgun to another unlicensed

1individual may do so only upon the place of business of a seller
2or the county sheriff's office. If the transaction occurs at the
3county sheriff's office, the sheriff shall follow the procedure
4set forth in this section and section 6221 as if the sheriff
5were the seller of the handgun. This subsection does not apply
6to a transfer between spouses, a parent and child, or a
7grandparent and grandchild.

8§ 6223.  Sale or transfer of long guns.

9(a)  Applicability.--This section applies to the sale or
10transfer of a long gun, in addition to the requirements of
11section 6221 (relating to sale or transfer of firearms).

12(b)  No application required.--Following implementation of
13the instantaneous records check by the Pennsylvania State Police
14on or before December 1, 1998, no application/record of sale
15shall be completed for the purchase or transfer of a long gun.

16(c)  Cumulative statement of transfers.--A statement shall be
17submitted by the seller to the Pennsylvania State Police,
18postmarked via first class mail, within 14 days of the transfer,
19containing:

20(1)  The number of long guns transferred.

21(2)  The amount of surcharge and other fees remitted
22under section 6224(a) (relating to firearm sale surcharge).

23(3)  A list of the unique approval numbers given under
24section 6221(d).

25(4)  A statement that background checks as provided in
26section 6221(c) have been performed on the purchasers of the
27long guns contained in the statement. The form of the
28statement relating to performance of background checks shall
29be promulgated by the Pennsylvania State Police.

30(d)  Failure of Pennsylvania Instant Check System.--In the

1event of an electronic failure under section 6225 (relating to
2firearm background checks), the following apply:

3(1)  A seller of a long gun shall obtain an
4application/record of sale from the potential purchaser
5filled out in triplicate.

6(2)  The form of the application/record of sale shall be
7no more than one page in length and shall be promulgated by
8the Pennsylvania State Police and provided by the seller.

9(3)  For purposes of conducting the criminal history,
10juvenile delinquency and mental health records background
11check, which shall be completed within ten days of receipt of
12the information from the seller, the application/record of
13sale shall include the name, address, birth date, gender,
14race, physical description and Social Security number of the
15purchaser and the date of application.

16(4)  No information regarding the type of firearm need be
17included other than an indication that the firearm is a long
18gun.

19(5)  The application shall be distributed as follows:

20(i)  The original shall be sent to the Pennsylvania
21State Police, postmarked via first class mail, within 14
22days of the sale.

23(ii)  One copy shall be retained by the seller for a
24period of 20 years.

25(iii)  One copy shall be provided to the purchaser.

26(6)  Unless it has been discovered pursuant to a criminal
27history, juvenile delinquency and mental health records
28background check that the potential purchaser is prohibited
29from possessing a firearm under this subchapter, no
30information on the application/record of sale provided under

1this subsection may be retained, as precluded by section
26207(a) (relating to preservation of constitutional rights),
3by the Pennsylvania State Police either through retention of
4the application/record of sale or by entering the information
5onto a computer.

6(7)  An application/record of sale received by the
7Pennsylvania State Police under this subsection shall be
8destroyed within 72 hours of the completion of the firearm
9background check.

10§ 6224.  Firearm sale surcharge.

11(a)  Imposition of surcharge.--There is imposed on each sale
12of a firearm subject to tax under Article II of the act of March
134, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, an
14additional surcharge of $3, which shall be referred to as the
15firearm sale surcharge.

16(b)  Increase or decrease in surcharge.--Five years from
17October 11, 1995, and every five years thereafter, the
18Pennsylvania State Police shall provide the necessary
19information to the Legislative Budget and Finance Committee for
20the purpose of reviewing the need to increase or decrease the
21instant check fee. The committee shall issue a report of its
22findings and recommendations to the General Assembly for a
23statutory change in the fee.

24(c)  Use of surcharge.--The Pennsylvania State Police shall
25use the firearm sale surcharge to carry out the provisions of
26sections 6221 (relating to sale or transfer of firearms), 6222
27(relating to sale or transfer of handguns) and 6223 (relating to
28sale or transfer of long guns).

29§ 6225.  Firearm background checks.

30(a)  Duties upon receipt of request.--Upon receipt of a

1request for a firearm background check of a potential purchaser
2or transferee, the Pennsylvania State Police shall immediately,
3during the seller's call or by return call, forthwith complete
4the following:

5(1)  Review the Pennsylvania State Police criminal
6history and fingerprint records to determine whether the
7potential purchaser or transferee is prohibited from receipt
8or possession of a firearm under Federal or State law.

9(2)  Review the juvenile delinquency and mental health
10records of the Pennsylvania State Police to determine whether
11the potential purchaser or transferee is prohibited from
12receipt or possession of a firearm under Federal or State
13law.

14(3)  Make one of the following responses to the inquiry:

15(i)  Inform the seller that the potential purchaser
16or transferee is prohibited from receipt or possession of
17a firearm.

18(ii)  Provide the seller with a unique approval
19number.

20(b)  Effect of unavailability of instantaneous records check
21system.--In the event of electronic failure, scheduled computer
22downtime or similar event beyond the control of the Pennsylvania
23State Police, the following shall apply:

24(1)  The Pennsylvania State Police shall immediately
25notify the requesting seller of the reason for and estimated
26length of the delay.

27(2)  If the failure or event lasts for a period exceeding
2848 hours, the seller shall not be subject to any penalty for
29completing a transaction absent the completion of an
30instantaneous records check for the remainder of the failure

1or similar event.

2(3)  The seller shall obtain a completed
3application/record of sale following the provisions of
4sections 6221 (relating to sale or transfer of firearms),
56222 (relating to sale or transfer of handguns) and 6223
6(relating to sale or transfer of long guns) as if an
7instantaneous records check system has not been established
8for any sale or transfer of a firearm for the purpose of a
9subsequent background check.

10(c)  Establishment of telephone number.--The Pennsylvania
11State Police shall establish a telephone number that shall be
12operational seven days a week between the hours of 8 a.m. and 10
13p.m. local time for purposes of responding to inquiries as
14described in this section from sellers. The Pennsylvania State
15Police shall employ and train such individuals as are necessary
16to expeditiously administer the provisions of this section.

17(d)  Criminal information.--In addition to the information to
18be reviewed by the Pennsylvania State Police under subsection
19(a)(1), the Pennsylvania State Police may obtain criminal
20statistics necessary for the purposes of this subchapter from a
21local law enforcement agency.

22(e)  Confidentiality.--Information provided by a potential
23purchaser, transferee or applicant shall be confidential and not
24subject to public disclosure. This information includes, but is
25not limited to, the following:

26(1)  The name or identity of the potential purchaser,
27transferee or applicant.

28(2)  Information furnished by the potential purchaser or
29transferee under this section or an applicant for a license
30to carry under section 6232 (relating to license to carry).

1§ 6226.  Access to mental health records for firearm background
2check purposes.

3(a)  Notification of mental health adjudication, treatment or
4commitment.--Notwithstanding any statute to the contrary, a
5judge of the court of common pleas shall notify the Pennsylvania
6State Police, on a form developed by the Pennsylvania State
7Police, of the identity of any of the following individuals:

8(1)  An individual who has been adjudicated as
9incapacitated under 20 Pa.C.S. Ch. 55 (relating to
10incapacitated persons) to possess a firearm.

11(2)  An individual who has been involuntarily committed
12to a mental institution under the act of July 9, 1976
13(P.L.817, No.143), known as the Mental Health Procedures Act.

14(3)  An individual who has been involuntarily treated as
15described in section 6211(c)(5) (relating to disqualification
16from possession or ownership).

17(4)  An individual as described in 18 U.S.C. § 922(g)(4)
18(relating to unlawful acts) and its implementing Federal
19regulations.

20(b)  Notification of drug use or addiction.--Notwithstanding
21any statute to the contrary, a judge of the court of common
22pleas shall notify the Pennsylvania State Police, on a form
23developed by the Pennsylvania State Police, of any finding of
24fact or court order related to any individual described in 18
25U.S.C. § 922(g)(3).

26(c)  Timing of notification.--The notification under this
27section shall be transmitted by the judge to the Pennsylvania
28State Police within seven days of the adjudication, commitment
29or treatment.

30(d)  Sharing of information with Federal authorities.--

1Notwithstanding any law to the contrary, the Pennsylvania State
2Police may disclose, electronically or otherwise, to the United
3States Attorney General or a designee, any record relevant to a
4determination of whether an individual is disqualified from
5possessing or receiving a firearm under 18 U.S.C. § 922 (g)(3)
6or (4) or an applicable State statute.

7(e)  Court review.--An individual who is involuntarily
8committed under section 302 of the Mental Health Procedures Act
9may petition the court to review the sufficiency of the evidence
10upon which the commitment was based, subject to the following:

11(1)  If the court determines that the evidence upon which
12the involuntary commitment was based was insufficient, the
13court shall order that the record of the commitment submitted
14to the Pennsylvania State Police be expunged. A petition
15filed under this subsection shall toll the 60-day period
16under section 6213(a) (relating to relinquishment of firearms
17upon disqualification).

18(2)  Upon receipt of a copy of the order of a court of
19competent jurisdiction that vacates a final order or an
20involuntary certification issued by a mental health review
21officer, the Pennsylvania State Police shall expunge all
22records of the involuntary treatment received under
23subsection (a).

24(f)  Expungement on physician certification.--The
25Pennsylvania State Police shall expunge all records of an
26involuntary commitment if all of the following conditions are
27met:

28(1)  The individual is discharged from a mental health
29facility based upon the initial review by the physician
30occurring within two hours of arrival under section 302(b) of

1the Mental Health Procedures Act.

2(2)  The physician determines that no severe mental
3disability existed under section 302(b) of the Mental Health
4Procedures Act.

5(3)  The physician shall provide signed confirmation of
6the determination of the lack of severe mental disability
7following the initial examination under section 302(b) of the
8Mental Health Procedures Act to the Pennsylvania State
9Police.

10(g)  Definition--As used in this section, the term
11"physician" means a physician who may authorize an involuntary
12commitment under the Mental Health Procedures Act.

13§ 6227.  Access to juvenile registry for firearm background
14check purposes.

15(a)  Disclosure.--The contents of law enforcement records and
16files compiled under 42 Pa.C.S. § 6308 (relating to law
17enforcement records) concerning a child shall not be disclosed
18to the public except if the child is 14 years of age or older at
19the time of the alleged conduct and if any of the following
20apply:

21(1)  The child has been adjudicated delinquent by a court
22as a result of an act that constitutes an offense enumerated
23in section 6211 (relating to disqualification from possession
24or ownership).

25(2)  A petition alleging delinquency has been filed by a
26law enforcement agency alleging that the child has committed
27an act that constitutes an offense enumerated in section 6211
28and the child previously had been adjudicated delinquent by a
29court as a result of an act that included the elements of one
30of the offenses.

1(b) Limited use.--Notwithstanding any provision of this
2section, the contents of law enforcement records and files
3concerning any child adjudicated delinquent for the commission
4of any criminal activity described in subsection (a) shall be
5recorded in the registry of the Pennsylvania State Police for
6the limited purposes of this subchapter.

7§ 6228.  Challenge to firearm background checks.

8(a)  Right to challenge.--An individual who is denied the
9right to receive, sell, transfer, possess, carry, manufacture or
10purchase a firearm as a result of the procedures in section 6225
11(relating to firearm background checks) may challenge the
12accuracy of that individual's criminal history, juvenile
13delinquency history or mental health records reviewed during the
14check by submitting a challenge to the Pennsylvania State Police
15within 30 days from the date of the denial.

16(b)  Review of accuracy of records.--The Pennsylvania State
17Police shall conduct a review of the accuracy of the information
18forming the basis for the denial and shall have the burden of
19proving the accuracy of the record.

20(c)  Notice of findings.--Within 20 days after receiving a
21challenge, the Pennsylvania State Police shall notify the
22challenger of the basis for the denial, including, but not
23limited to, the jurisdiction and docket number of any relevant
24court decision and shall provide the challenger an opportunity
25to provide additional information for the purposes of the
26review. The Pennsylvania State Police shall communicate its
27final decision to the challenger within 60 days of the receipt
28of the challenge. The decision of the Pennsylvania State Police
29shall include all information that formed a basis for the
30decision.

1(d)  Appeal to Attorney General.--If the challenge is ruled
2invalid, the individual shall have the right to appeal the
3decision to the Attorney General within 30 days of the
4decision. The Attorney General shall conduct a hearing de novo
5in accordance with the Administrative Agency Law. The burden of
6proof shall be upon the Commonwealth.

7(e)  Appeal to Commonwealth Court.--An aggrieved party may
8appeal the decision of the Attorney General to Commonwealth
9Court.

10SUBCHAPTER D

11LICENSURE

12Sec.

136231.  Licensure of firearms dealers.

146232.  License to carry.

156233.  Firearms License Validation System.

166234.  Revocation of license to carry.

176235.  Disqualification from license to carry.

186236.  Exemption from license to carry.

196237.  Sportsman's firearm permit.

20§ 6231.  Licensure of firearms dealers.

21(a)  Retail dealer required to be licensed.--No retail dealer
22shall sell, or otherwise transfer or expose for sale or
23transfer, or have in his possession with intent to sell or
24transfer, any firearm without being licensed as provided in this
25section.

26(b)  Issuance of license.--A license to sell firearms
27directly to the consumer shall be issued in accordance with the
28following:

29(1)  The chief or head of any police force or police
30department of a city and, elsewhere, the sheriff of the

1county, shall grant a license to a reputable applicant.

2(2)  The license shall be in the form prescribed by the
3Pennsylvania State Police.

4(3)  The license shall be effective for three years from
5date of issue.

6(4)  A fee of $30 shall be charged for the issuance of
7the license and paid into the county treasury.

8(c)  Conditions of license.--A license issued under this
9section shall be subject to the following and any breach of any
10condition shall cause the license to be forfeited and the
11licensee to be subject to punishment as provided in this
12subchapter:

13(1)  The conditions specified in sections 6221 (relating
14to sale or transfer of firearms), 6222 (relating to sale or
15transfer of handguns) and 6223 (relating to sale or transfer
16of long guns) shall apply.

17(2)  The business may be carried on only:

18(i)  the premises designated in the license; or

19(ii)  at a lawful gun show or meet.

20(3)  The license, or a copy certified by the issuing
21authority, shall be displayed on the premises where it can
22easily be read.

23(4)  No firearm may be sold in violation of any provision
24of this subchapter.

25(5)  No firearm may be sold under any circumstances
26unless the purchaser is individually known to the transferor
27or presents clear evidence of the purchaser's identity.

28(6)  A record of each handgun transaction shall be kept
29in accordance with the provisions of section 6222.

30(7)  No handgun shall be displayed in any part of any

1premises where it can readily be seen from the outside.

2(8)  In the event that the commissioner shall find a
3clear and present danger to public safety within this
4Commonwealth or any area thereof, firearms shall be stored
5and safeguarded, pursuant to regulations to be established by
6the Pennsylvania State Police, by the licensee during the
7hours when the licensee is closed for business.

8(9)  The dealer shall possess all applicable current
9revenue licenses.

10(d)  Revocation.--A license granted under this section may be
11revoked for cause by the issuing authority upon written notice
12to the licensee.

13§ 6232.  License to carry.

14(a)  License required.--No individual may carry a handgun
15concealed on or about the individual, or in any vehicle within
16this Commonwealth, other than the individual's place of abode or
17fixed place of business, without first obtaining a license under
18this section.

19(b)  Who may apply and place of application.--

20(1)  Subject to paragraph (2), an individual who is 21
21years of age or older may apply to a sheriff for a license to
22carry.

23(2)  If an applicant is a resident of this Commonwealth,
24the application for a license to carry shall be made to
25either of the following:

26(i)  If the applicant is a resident of a city of the
27first class, the chief of police of that city.

28(ii)  Except as provided in subparagraph (i), the
29sheriff of the county in which the applicant resides.

30(c)  Form of application and content.--An application for a

1license to carry shall conform to the following requirements:

2(1)  The application shall be uniform throughout this
3Commonwealth and on a form prescribed by the Pennsylvania
4State Police. The form may contain provisions, not exceeding
5one page, to assure compliance with this section. An issuing
6authority shall use only the application form prescribed by
7the Pennsylvania State Police.

8(2)  One of the following reasons for obtaining a license
9to carry shall be set forth in the application:

10(i)  Self-defense.

11(ii)  Employment.

12(iii)  Hunting and fishing.

13(iv)  Target shooting.

14(v)  Gun collecting.

15(vi)  Another proper reason.

16(3)  An application form shall be dated and signed by the
17applicant and shall contain the following statement:

18I am of sound mind. I have never been convicted of a
19crime that prohibits me from possessing or acquiring
20a firearm under Federal or State law, or if I have
21previously been disqualified from possessing or
22acquiring a firearm for this reason, the disability
23has been removed according to 18 Pa.C.S. § 6216(b)
24(relating to relief from disability). I have never
25been involuntarily committed to a mental institution,
26or if I have previously been disqualified from
27possessing or acquiring a firearm for this reason,
28the disability has been removed according to 18
29Pa.C.S. § 6216(c). I hereby certify that the
30statements contained herein are true and correct to

1the best of my knowledge and belief. I understand
2that, if I knowingly make any false statements
3herein, I am subject to penalties prescribed by
4law. I authorize the sheriff, or the designee of the
5sheriff, or, in the case of first class cities, the
6chief or head of the police department, or the
7designee of the chief or head of the police
8department, to inspect only those records or
9documents relevant to information required for this
10application. If I am issued a license and knowingly
11become ineligible to legally possess or acquire
12firearms, I will promptly notify the sheriff of the
13county in which I reside or, if I reside in a city of
14the first class, the chief of police of that city.

15(d)  Sheriff to conduct investigation.--The sheriff to whom
16the application is made shall perform all of the following:

17(1)  Investigate the applicant's record of criminal
18conviction.

19(2)  Investigate whether or not the applicant is under
20indictment for or has ever been convicted of a crime
21punishable by imprisonment exceeding one year.

22(3)  Investigate whether the applicant's character and
23reputation are such that the applicant will not be likely to
24act in a manner dangerous to public safety.

25(4)  Investigate whether the applicant would be precluded
26from receiving a license under this chapter.

27(5)  Conduct a firearm background check following the
28procedures set forth in sections 6221 (relating to sale or
29transfer of firearms) and 6222 (relating to sale or transfer
30of handguns), receive a unique approval number for that

1inquiry and record the date and number on the application.

2(e)  Grant or denial of license.--

3(1)  After an investigation not to exceed 45 days, the
4sheriff shall issue a license to carry to an applicant if it
5appears that there exists no good cause for the applicant to
6be denied the license.

7(2)  The sheriff may refuse to issue a license on the
8basis of the investigation under subsection (d) and the
9accuracy of the information contained in the application.

10(3)  If the sheriff refuses to issue a license, the
11sheriff shall notify the applicant in writing of the refusal
12and the specific reasons for the refusal. The notice shall be
13sent by certified mail to the applicant at the address set
14forth in the application.

15(f)  License form and content.--A license to carry shall be
16uniform throughout this Commonwealth and in a form prescribed by
17the Pennsylvania State Police. The license shall bear the
18following:

19(1)  The name, address, date of birth, race, sex,
20citizenship, height, weight, color of hair, color of eyes and
21signature of the licensee.

22(2)  The signature of the sheriff issuing the license.

23(3)  A license number of which the first two numbers
24shall be a county location code followed by numbers issued in
25numerical sequence.

26(4)  The point-of-contact telephone number designated by
27the Pennsylvania State Police under section 6233 (relating to
28Firearms License Validation System).

29(5)  The reason for issuance.

30(6)  The period of validation.

1(7)  A photograph of the licensee in a form compatible
2with the Commonwealth Photo Imaging Network.

3(g)  Disposition of license.--The original license shall be
4issued to the applicant. The first copy of the license shall be
5forwarded to the Pennsylvania State Police within seven days of
6the date of issue. The second copy shall be retained by the
7issuing authority for a period of seven years. Except pursuant
8to court order, both copies and the application shall, at the
9end of the seven-year period, be destroyed unless the license
10has been renewed within the seven-year period.

11(h)  Term of license.--

12(1)  A license to carry issued under this section is
13valid throughout this Commonwealth for a period of five years
14unless extended under paragraph (3) or sooner revoked.

15(2)  At least 60 days prior to the expiration of each
16license, the issuing sheriff shall send to the licensee an
17application for renewal of license. Failure to receive a
18renewal application does not relieve a licensee from the
19responsibility to renew the license.

20(3)  Notwithstanding paragraph (1) or any other provision
21of law to the contrary, a license to carry a firearm that is
22held by a member of the armed forces of the United States or
23the Pennsylvania National Guard on Federal active duty and
24deployed overseas that is scheduled to expire during the
25period of deployment shall be extended until 90 days after
26the end of the deployment.

27(4)  Possession of a license, together with a copy of the
28individual's military orders showing the dates of overseas
29deployment, including the date that the overseas deployment
30ends, shall constitute, during the extension period specified

1in paragraph (3), a defense to any charge filed pursuant to
2this section or section 6241(c) (relating to other firearms
3restrictions).

4(i)  Proof of license.--

5(1)  Upon the lawful demand of a law enforcement officer,
6an individual carrying a firearm concealed on or about the
7individual or in a vehicle shall:

8(i)  produce the license to carry for inspection by
9the law enforcement officer; or

10(ii)  if the individual claims an exception under
11section 6236 (relating to exemption from license to
12carry), produce satisfactory evidence of qualification
13for exception to the law enforcement officer.

14(2)  Failure to produce a license to carry either at the
15time of arrest or at the preliminary hearing shall create a
16rebuttable presumption of nonlicensure.

17(j)  Emergency circumstances.--

18(1)  If an individual provides evidence of imminent
19danger to the individual or a child of the individual, the
20person receiving the individual's application for a license
21to carry under this section shall provide expedited
22procedures regarding the application, investigation and
23decision-making processes under subsections (c), (d) and (e),
24taking into consideration the nature of the emergency
25circumstances that warrant the expedited procedures.

26(2)  The commissioner may establish an additional fee for
27an initial license to carry granted as a result of an
28expedited process under this subsection, which additional fee
29may not exceed the actual cost of conducting a criminal
30background check on the individual or $10, whichever is less.

1(3)  As used in this subsection, the term "evidence of
2imminent danger" shall mean a written document that:

3(i)  is prepared by the Attorney General, a district
4attorney, a chief law enforcement officer as defined in
542 Pa.C.S. § 8951 (relating to definitions), a judicial
6officer as defined in 42 Pa.C.S. § 102 (relating to
7definitions) or a designee of any one of them; and

8(ii)  describes the facts that give an individual
9reasonable cause to fear a criminal attack upon the
10individual or a child of the individual, where the child
11is under 21 years of age.

12(k) Fees.--Fees may be collected for a license to carry,
13subject to the following conditions:

14(1)  In addition to the fee described in paragraph (2),
15the fee for a license to carry shall be $19, which includes
16both of the following:

17(i)  A renewal notice processing fee of $1.50.

18(ii)  An administrative fee of $5 under section 14(2)
19of the act of July 6, 1984 (P.L.614, No.127), known as
20the Sheriff Fee Act.

21(2)  An additional fee of $1 shall be paid by the
22applicant for a license to carry and shall be remitted by the
23sheriff to the Firearms License Validation System Account,
24which is established as a special restricted receipt account
25within the General Fund of the State Treasury. The account
26shall be used for purposes set forth in section 6233
27(relating to Firearms License Validation System). Money
28credited to the account and any investment income accrued are
29appropriated on a continuing basis to the Pennsylvania State
30Police.

1(3)  No fee other than that provided by this subsection
2or the Sheriff Fee Act may be assessed by the sheriff for the
3performance of any background check made under this chapter.

4(4)  A fee under this subsection is payable to the
5sheriff to whom the application is submitted and is payable
6at the time of application for the license.

7(5)  Except for the administrative fee of $5 under
8section 14(2) of the Sheriff Fee Act, fees regarding an
9application for a license to carry shall be refunded if the
10license is denied.

11(6)  No fee under this subsection may be refunded if a
12license to carry had been issued and is subsequently revoked.

13(l)  Immunity.--A sheriff who complies in good faith with
14this section is immune from liability resulting or arising from
15the action or misconduct with a firearm committed by any
16individual to whom a license to carry has been issued.

17(m)  Construction.--Nothing in this section shall be
18construed to:

19(1)  Permit the hunting or harvesting of any wildlife
20with a firearm or ammunition not otherwise permitted by 34
21Pa.C.S. (relating to game).

22(2) Authorize a Commonwealth agency to regulate the
23possession of firearms in any manner inconsistent with the
24provisions of this title.

25§ 6233.  Firearms License Validation System.

26(a)  Establishment.--The Pennsylvania State Police shall
27establish a nationwide toll-free telephone number, known as the
28Firearms License Validation System, which shall be operational
29seven days a week, 24 hours per day, to respond to law
30enforcement inquiries regarding the validity of a Pennsylvania

1license to carry.

2(b)  Limited access.--Notwithstanding any other law regarding
3the confidentiality of information, inquiries to the Firearms
4License Validation System regarding the validity of a
5Pennsylvania license to carry may only be made by law
6enforcement individuals acting within the scope of their
7official duties.

8(c)  Out-of-state inquiries.--Inquiries from law enforcement
9individuals from outside this Commonwealth shall be subject to
10the following:

11(1)  The inquiring individuals shall provide their
12originating agency identifier number and the license number
13of the license to carry that is the subject of the inquiry.

14(2)  Responses shall be limited to the name of the
15license holder, the validity of the license and any
16information that may be provided to a criminal justice agency
17under Chapter 91 (relating to criminal history record
18information).

19§ 6234.  Revocation of license to carry.

20(a)  Revocation for good cause.--A license to carry may be
21revoked by the issuing authority for good cause.

22(b)  Disqualified holders.--A license to carry shall be
23revoked by the issuing authority for any reason stated in
24section 6235 (relating to disqualification from license to
25carry) that occurs during the term of the permit.

26(c)  Notice.--Notice of revocation shall be:

27(1)  In writing and state the specific reason for
28revocation.

29(2)  Sent by certified mail to the individual whose
30license is revoked. At the same time, notice shall also be

1provided to the Pennsylvania State Police by electronic
2means, including e-mail or facsimile transmission, that the
3license is no longer valid.

4(d)  Surrender of license.--An individual whose license is
5revoked must surrender the license to the issuing authority
6within five days of receipt of the notice.

7(e)  Appeal of revocation.--An individual whose license is
8revoked may appeal to the court of common pleas for the judicial
9district in which the individual resides.

10§ 6235.  Disqualification from license to carry.

11A license may not be issued to any of the following:

12(1)  An individual whose character and reputation is such
13that the individual would be likely to act in a manner
14dangerous to public safety.

15(2)  An individual who has been convicted of an offense
16under the act of April 14, 1972 (P.L.233, No.64), known as
17The Controlled Substance, Drug, Device and Cosmetic Act.

18(3)  An individual convicted of a crime enumerated in
19section 6211 (relating to disqualification from possession or
20ownership).

21(4)  An individual who, within the past ten years, has
22been adjudicated delinquent for a crime enumerated in section
236211 or for an offense under The Controlled Substance, Drug,
24Device and Cosmetic Act.

25(5)  An individual who has been adjudicated as
26incapacitated under 20 Pa.C.S. Ch. 55 (relating to
27incapacitated persons) to possess a firearm or who has ever
28been involuntarily committed to a mental institution for
29inpatient care and treatment.

30(6)  An individual who is addicted to or is an unlawful

1user of marijuana or a stimulant, depressant or narcotic
2drug.

3(7)  An individual who is a habitual drunkard.

4(8)  An individual who is charged with or has been
5convicted of a crime punishable by imprisonment for a term
6exceeding one year except as provided for in section 6217
7(relating to effect of Federal waiver or pardon).

8(9)  A resident of another state who does not possess a
9current license or permit or similar document to carry a
10firearm issued by that state if a license is provided for by
11the laws of that state, as published annually in the Federal
12Register by the Bureau of Alcohol, Tobacco and Firearms of
13the Department of the Treasury under 18 U.S.C. § 921(a)(19)
14(relating to definitions).

15(10)  An alien who is illegally in the United States.

16(11)  An individual who has been discharged from the
17armed forces of the United States under dishonorable
18conditions.

19(12)  An individual who is a fugitive from justice. This
20paragraph does not apply to an individual whose fugitive
21status is based upon nonmoving or moving summary offense
22under 75 Pa.C.S. (relating to vehicles).

23(13)  An individual who is otherwise prohibited from
24possessing, using, manufacturing, controlling, purchasing,
25selling or transferring a firearm as provided by section
266211.

27(14)  An individual who is prohibited from possessing or
28acquiring a firearm under the statutes of the United States.

29§ 6236.  Exemption from license to carry.

30(a)  General rule.--The following individuals may not be

1required to obtain a license to carry in order to carry a
2handgun concealed on or about the person or in a vehicle within
3this Commonwealth:

4(1)  Any of the following:

5(i)  A constable, sheriff or prison or jail warden.

6(ii)  A deputy of a person under subparagraph (i).

7(iii)  A police officer of this Commonwealth or any
8of its political subdivisions.

9(iv)  Another law enforcement officer not otherwise
10described in this paragraph.

11(2)  A member of the Army, Navy, Marine Corps, Air Force
12or Coast Guard of the United States or of the National Guard
13or organized reserves when on duty.

14(3)  A regularly enrolled member of an organization duly
15organized to purchase or receive firearms from the United
16States or this Commonwealth.

17(4)  An individual engaged in target shooting with a
18firearm, if the individual is at or is going to or from a
19place of assembly or target practice and if, while so going,
20the firearm is not loaded.

21(5)  An officer or employee of the United States duly
22authorized to carry a concealed firearm.

23(6)  An agent, messenger or other employee of a common
24carrier, bank or business firm, whose duties require the
25individual to protect moneys, valuables and other property in
26the discharge of the individual's duties.

27(7)  An individual engaged in the business of
28manufacturing, repairing or dealing in firearms, or the agent
29or representative of the individual, who possesses, uses or
30carries a firearm in the usual or ordinary course of the

1business.

2(8)  An individual who carries a firearm, which is not
3loaded and is in a secure wrapper:

4(i)  from the place of purchase to the individual's
5home or place of business;

6(ii)  to a place of repair, sale or appraisal and
7back to the individual's home or place of business;

8(iii)  while moving from one place of abode or
9business to another;

10(iv)  from the individual's home to a vacation or
11recreational home or dwelling and back to the
12individual's home;

13(v)  to recover stolen property under section 6215(c)
14(relating disposition of firearms in law enforcement
15custody);

16(vi)  to a place of instruction intended to teach the
17safe handling, use or maintenance of firearms and back to
18the individual's home or place of business;

19(vii)  to a location to which the individual has been
20directed to relinquish firearms under 23 Pa.C.S. § 6108
21(relating to relief) and back upon return of the
22relinquished firearm;

23(viii)  to a licensed dealer's place of business for
24relinquishment under 23 Pa.C.S. § 6108.2 (relating to
25relinquishment for consignment sale, lawful transfer or
26safekeeping) and back upon return of the relinquished
27firearm; or

28(ix)  to a location for safekeeping under 23 Pa.C.S.
29§ 6108.3 (relating to relinquishment to third party for
30safekeeping) and back upon return of the relinquished

1firearm.

2(9)  An individual licensed to hunt, take furbearers or
3fish in this Commonwealth, if the individual is:

4(i)  actually hunting, taking furbearers or fishing
5as permitted by the license; or

6(ii)  going to or from the place where the individual
7desires to hunt, take furbearers or fish.

8(10)  An individual training dogs, if the individual is
9actually training dogs during the regular training season.

10(11)  An individual who is carrying a handgun in a
11vehicle, if the individual possesses a valid and lawfully
12issued license for that handgun, which license has been
13issued under the laws of the United States or another state.

14(12)  An individual who has a lawfully issued license to
15carry pursuant to section 6232 (relating to license to carry)
16and:

17(i)  the license expired within six months prior to
18the date of arrest; and

19(ii)  the individual is otherwise eligible for
20renewal of the license to carry.

21(13)  An individual who is:

22(i)  otherwise eligible to possess a handgun under
23this chapter; and

24(ii)  operating a motor vehicle that is registered in
25the individual's name or the name of the individual's
26spouse or parent, where the motor vehicle contains a
27handgun for which a valid license to carry has been
28issued pursuant to section 6232 to the individual's
29spouse or parent owning the firearm.

30(14)  An individual lawfully engaged in the interstate

1transportation of a firearm as defined under 18 U.S.C. §
2921(a)(3) (relating to definitions) in compliance with 18
3U.S.C. § 926A (relating to interstate transportation of
4firearms).

5(15)  An individual who possesses a valid and lawfully
6issued license or permit to carry that has been issued under
7the laws of another state, regardless of whether a
8reciprocity agreement exists between the Commonwealth and the
9state under section 6244 (relating to relationship to other
10states' firearms laws) if:

11(i)  the state provides a reciprocal privilege for
12individuals licensed to carry under section 6232; and

13(ii)  the Attorney General has determined that the
14firearm laws of the state are similar to the firearm laws
15of this Commonwealth.

16(16)  An individual holding a license in accordance with
17section 6232(h)(3).

18(b)  Effect of other inconsistent law.--Notwithstanding the
19provisions of section 7506 (relating to violation of rules
20regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727
21(relating to additional limitations on operation) or the act of
22June 28, 1995 (P.L.89, No.18), known as the Conservation and
23Natural Resources Act, and regulations promulgated under that
24act, a handgun may be carried concealed on or about the person
25or in a vehicle within this Commonwealth by:

26(1)  A law enforcement officer whose current
27identification as a law enforcement officer shall be
28construed as a valid license to carry.

29(2)  An individual licensed to carry.

30(c)  Definition.--As used in this section, the phrase "place

1of instruction" shall include a hunting club, rifle club, rifle
2range, pistol range, shooting range, the premises of a licensed
3dealer or a lawful gun show or meet.

4§ 6237.  Sportsman's firearm permit.

5(a)  Requirement.--Before any exception may be granted under
6section 6236(a)(9) or (10) (relating to exemption from license
7to carry) to an individual who is 18 years of age or older and
8who is licensed to hunt, trap or fish or who has been issued a
9permit relating to hunting dogs, that individual shall secure a
10sportsman's firearm permit from the county treasurer.

11(b)  Application.--An application for a permit under this
12section shall be subject to the following:

13(1)  An application may be made at the time of securing a
14hunting, furtaking or fishing license or any time after that
15license is issued.

16(2)  A permit under this section shall be issued
17immediately and be valid throughout this Commonwealth for a
18period of five years from the date of issue for a legal
19handgun when carried in conjunction with a valid hunting,
20furtaking or fishing license or permit relating to hunting
21dogs.

22(3)  A permit under this section shall be in triplicate
23on a form to be furnished by the Pennsylvania State Police.

24(4)  The original permit shall be delivered to the
25applicant. Within seven days, the first copy of the permit
26shall be forwarded to the commissioner by the county
27treasurer. The second copy of the permit shall be retained by
28the county treasurer for a period of two years from the date
29of expiration.

30(c)  Fee.--The county treasurer may collect a fee of not more

1than $6 for each permit issued, which shall include the cost of
2any official form. The Pennsylvania State Police may recover
3from the county treasurer the cost of the form but may not
4charge more than $1 for each official permit form furnished to
5the county treasurer.

6(d)  Revocation of permit.--Upon written notice to the holder
7of the revocation, a permit issued under this section may be
8revoked by the county treasurer who issued it.

9SUBCHAPTER E

10SAFETY AND RESPONSIBILITY

11Sec.

126241.  Other firearms restrictions.

136242. (Reserved).

146243.  Firearms safety.

156244.  Relationship to other states' firearms laws.

166245.  Carrying explosives on conveyances.

176246.  Shipping explosives.

18§ 6241.  Other firearms restrictions.

19(a)  Carrying loaded weapons other than handguns.--

20(1)  No individual may carry a loaded pistol, revolver,
21shotgun or rifle in any vehicle, except as follows:

22(i)  As provided in 34 Pa.C.S. (relating to game).

23(ii)  With respect to an individual exempt from the
24requirement of a license to carry under section 6236(a)
25(1), (2), (5) or (6) (relating to exemption from license
26to carry).

27(2)  Paragraph (1) shall not be construed to permit an
28individual to carry a handgun in a vehicle if that conduct is
29prohibited by section 6232 (relating to license to carry).

30(b)  Carrying firearms during an emergency.--No individual

1may carry a firearm upon the public streets or public property
2during an emergency proclaimed by a State or municipal
3governmental executive unless the individual is:

4(1)  actively engaged in a defense of that individual's
5life or property from peril or threat; and

6(2)  licensed to carry under section 6232 or exempt from
7licensing under section 6236.

8(c)  Carrying firearms on public streets or public property
9in city of the first class.--No individual may carry a handgun,
10rifle or shotgun at any time upon the public streets or public
11property in a city of the first class unless the individual is
12licensed to carry under section 6232 or exempt from licensing
13under section 6236.

14(d)  Possession of a handgun by minor.--No individual under
1518 years of age may possess or transport a handgun anywhere in
16this Commonwealth except as follows:

17(1)  The individual is under the supervision of a parent,
18grandparent, legal guardian or an adult acting with the
19expressed consent of the minor's custodial parent or legal
20guardian and either:

21(i)  The individual is engaged in lawful activity,
22including safety training, lawful target shooting or
23engaging in an organized competition involving the use of
24a handgun.

25(ii)  The handgun is unloaded and the individual is
26transporting it for a lawful purpose.

27(2)  The individual is lawfully hunting or trapping in
28accordance with 34 Pa.C.S. (relating to game).

29§ 6242.  (Reserved).

30§ 6243.  Firearms safety.

1(a)  Parental responsibility for firearm safety.--An
2individual living in the same residence with a child under 13
3years of age shall make reasonable efforts to safely store and
4secure all firearms in the residence.

5(b)  Notice.--Firearms safety brochures provided under
6subsection (c) shall contain:

7(1)  information regarding the obligation and potential
8criminal consequences for failure to comply under subsection
9(a); and

10(2)  guidance on appropriate methods of securing
11firearms.

12(c)  Firearms safety brochures.--The Pennsylvania State
13Police shall distribute to every licensed dealer in this
14Commonwealth firearms safety brochures at no cost to the
15dealer. The brochure or a copy of the brochure shall be provided
16without charge to each purchaser. The brochures shall be written
17by the Pennsylvania State Police with the cooperation of the
18Pennsylvania Game Commission and shall include a summary of the
19major provisions of this chapter, including the duties of the
20sellers and purchasers of firearms.

21§ 6244.  Relationship to other states' firearms laws.

22(a)  Purchase of long guns outside Commonwealth.--Nothing in
23this chapter shall be construed to prohibit an individual in
24this Commonwealth who may lawfully purchase, possess, use,
25control, sell, transfer or manufacture a long gun from lawfully
26purchasing or otherwise obtaining a long gun in a jurisdiction
27outside this Commonwealth.

28(b)  Authorization to enter reciprocity agreements.--The
29Attorney General may enter into reciprocity agreements with
30other states providing for the mutual recognition of a license

1to carry issued by this Commonwealth and a license or permit to
2carry a handgun issued by the other state. In the performance of
3this duty, the Attorney General has the following powers and
4duties:

5(1)  Negotiate reciprocity agreements and grant
6recognition of a license or permit to carry a handgun issued
7by another state.

8(2)  Annually report to the General Assembly concerning
9the agreements that have been consummated under this
10subsection.

11(3)  Not less than once annually, contact in writing the
12appropriate authorities in another state that do not have a
13current reciprocity agreement with the Commonwealth to
14determine whether:

15(i)  the other state will negotiate a reciprocity
16agreement;

17(ii)  an individual licensed to carry in this
18Commonwealth may carry a concealed handgun in the other
19state; or

20(iii)  an individual licensed to carry in this
21Commonwealth may apply for a license or permit to carry a
22concealed handgun issued by the other state.

23(4)  Maintain a current list of those states that:

24(i)  have a reciprocity agreement with the
25Commonwealth;

26(ii)  allow individuals licensed to carry in this
27Commonwealth to carry a concealed handgun; or

28(iii)  allow individuals licensed to carry in this
29Commonwealth to apply for a license or permit to carry a
30handgun.

1(e) Public access to list.--The list under subsection (b)(4)
2shall be posted on the Internet, provided to the Pennsylvania
3State Police and made available to the public upon request.

4§ 6245.  Carrying explosives on conveyances.

5(a)  Offense defined.--A person who has in his custody or
6about his person any nitroglycerine or other explosive, other
7than as freight regularly shipped as such, commits a misdemeanor
8of the second degree if the person enters into or upon:

9(1)  A railroad train, locomotive, tender or car thereof.

10(2)  An automobile or other conveyance used for the
11carrying of freight or passengers.

12(b)  Powers of crew.--The conductor or person having charge
13and control of a railroad train, coach or other conveyance for
14the carriage of freight or passengers, may arrest an individual
15found violating this section and detain the individual until
16reaching some place, where the individual may be delivered to a
17constable or other police authority.

18(c)  Venue.--An individual committing an offense under this
19section may be prosecuted in a county through which the public
20conveyance passes, without reference to the place where the
21individual was arrested.

22§ 6246.  Shipping explosives.

23(a)  Offense defined.--A person commits a misdemeanor of the
24third degree if the person knowingly delivers, or causes to be
25delivered, to a transportation company or a person engaged in
26the business of transportation, explosive material adapted for
27blasting or another purpose for which the material may be used
28in either of the following circumstances:

29(1)  Under a false or deceptive invoice or description.

30(2)  Without:

1(i)  informing the carrier, at or before the time
2when the delivery is made, of the true nature of the
3material delivered; and

4(ii)  having the keg, barrel, can or package
5containing the material plainly marked with the name of
6the explosive material therein contained, together with
7the word "dangerous."

8(b)  Damages.--In addition to any other penalty, a person
9convicted of an offense under this section is responsible for
10all damages to persons or property directly or indirectly
11resulting from the explosion of the material.

12(c)  Opening of suspected containers.--Upon affidavit made of
13the fact that a container tendered for transportation, not in
14compliance with this section, is believed to contain explosive
15material, a person engaged in the business of transportation may
16require the container to be opened and refuse to receive the
17container unless there is compliance with that requirement.

18(d)  Disposition of explosives.--If a container is opened and
19found to contain explosive material, the container and its
20contents shall be removed to a lawful place for the storing of
21explosives. After conviction of the offender, or after three
22months from the removal, the following shall occur:

23(1)  The container, with its contents, shall be sold at
24public sale, after the expiration of ten days from notice of
25the time and place of the sale, published in one newspaper in
26the county where the seizure was made.

27(2)  The proceeds of the sale, after deducting the
28expenses of removal, storage, advertisement and sale, shall
29be paid into the treasury of the county.

30SUBCHAPTER F

1STRAW PURCHASE PREVENTION EDUCATION PROGRAM

2Sec.

36251.  Scope of subchapter.

46252.  Legislative findings and declarations.

56253.  Definitions.

66254.  Straw Purchase Prevention Education Program.

76255.  Powers and duties of Attorney General.

86256.  Straw Purchase Prevention Education Fund.

9§ 6251.  Scope of subchapter.

10This subchapter provides for the establishment of the Straw
11Purchase Prevention Education Program within the Office of
12Attorney General.

13§ 6252.  Legislative findings and declarations.

14The General Assembly finds and declares that:

15(1)  The illegal purchase of firearms throughout this
16Commonwealth is a threat to public safety and security.

17(2)  Urban areas are experiencing increased violence as a
18result of criminal misuse of firearms. Stemming the flow of
19these illegal firearms through straw purchases will help to
20curb the crime rate throughout this Commonwealth and increase
21public safety.

22(3)  Advancing public safety can be accomplished by
23educating the public that illegally purchasing a firearm for
24someone otherwise prohibited from possessing a firearm is a
25serious crime punishable under Federal law by ten years of
26imprisonment.

27(4)  Committed to educating firearms dealers and the
28general public, the National Shooting Sports Foundation, in
29partnership with the Bureau of Alcohol, Tobacco, Firearms and
30Explosives, in July 2000 created the "Don't Lie for the Other

1Guy" program.

2(5)  The "Don't Lie for the Other Guy" program was
3developed to raise public awareness that it is a serious
4crime to purchase a firearm for someone who cannot legally do
5so and to educate firearms dealers on how to better detect
6and deter potential straw purchases. The campaign delivers
7the message that anyone attempting an illegal firearm
8purchase faces a stiff Federal penalty.

9(6)  The "Don't Lie for the Other Guy" program is vital
10to educating federally licensed firearms dealers and their
11employees on how to recognize and deter the illegal purchase
12of firearms through straw purchases. This program is an
13important tool for the Bureau of Alcohol, Tobacco, Firearms
14and Explosives to pursue its mission of preventing terrorism,
15reducing violent crime and protecting the public.

16(7)  The nationally recognized "Don't Lie for the Other
17Guy" program has been endorsed by United States attorneys
18throughout the nation, various law enforcement agencies, the
19Bureau of Alcohol, Tobacco, Firearms and Explosives and the
20Department of Justice.

21(8)  It is in the best interest of this Commonwealth to
22establish a Straw Purchase Prevention Education Program
23within the Office of Attorney General to provide resources
24and direct grant money to the "Don't Lie for the Other Guy"
25program and similar programs that offer straw purchase
26prevention education.

27§ 6253.  Definitions.

28The following words and phrases when used in this subchapter
29shall have the meanings given to them in this section unless the
30context clearly indicates otherwise:

1"Fund."  The Straw Purchase Prevention Education Fund
2established in section 6256 (relating to Straw Purchase
3Prevention Education Fund).

4"Program."  The Straw Purchase Prevention Education Program
5established in section 6254 (relating to Straw Purchase
6Prevention Education Program).

7§ 6254.  Straw Purchase Prevention Education Program.

8(a)  Establishment.--The Straw Purchase Prevention Education
9Program is established and shall provide resources and direct
10grant money to underwrite the cost of implementing an
11educational and public service outreach program in the
12community.

13(b)  Outreach.--The educational and public service outreach
14program shall inform individuals of the illegal nature of
15purchasing a firearm for an individual prohibited from owning
16firearms. The outreach program shall be developed by a not-for-
17profit organization that:

18(1)  Is a national trade association representing the
19shooting, hunting and firearm industry.

20(2)  Has a membership consisting of firearm
21manufacturers, firearm distributors, firearm retailers,
22publishers and sportsmen's organizations.

23(3)  Has been in existence for at least 50 years prior to
24the effective date of this section.

25(c)  Priority of grants.--Grants shall be prioritized based
26on the highest incidence of firearm violence in a county of this
27Commonwealth.

28§ 6255.  Powers and duties of Attorney General.

29In addition to any other powers and duties, the Attorney
30General of the Commonwealth shall:

1(1)  Establish a grant program to provide moneys from the
2fund under section 6254 (relating to Straw Purchase
3Prevention Education Program).

4(2)  Promulgate rules and regulations to carry out the
5provisions of this subchapter.

6§ 6256.  Straw Purchase Prevention Education Fund.

7(a)  Establishment.--The Straw Purchase Prevention Education
8Fund is established in the State Treasury as a restricted
9account. The fund shall consist of funds appropriated by the
10General Assembly.

11(b)  Continuing appropriation.--All moneys in the fund and
12the interest accruing thereon are appropriated to the Office of
13Attorney General on a continuing basis to carry out this
14subchapter.

15SUBCHAPTER G

16VIOLATIONS

17Sec.

186261.  Violations in general.

196262.  Felony violations.

206263.  Misdemeanor violations.

216264.  Summary offenses.

226265.  Other legal consequences.

236266.  Civil liability.

246267.  Second and subsequent violations of sale or transfer of
25firearms provisions.

26§ 6261.  Violations in general.

27(a)  Crimes committed with handguns.--An individual who
28commits or attempts to commit a crime enumerated in section 6211
29(relating to disqualification from possession or ownership) when
30armed with a handgun contrary to the provisions of this chapter,

1that individual may, in addition to the punishment provided for
2the crime, also be punished as provided by this subchapter.

3(b)  Evidence of intent.--In the trial of an individual for
4committing or attempting to commit a crime enumerated in section
56211, the fact that the individual was armed with a handgun,
6used or attempted to use, and had no license to carry the
7handgun, is evidence of that individual's intention to commit
8the offense.

9(c)  Imputed criminal liability.--Notwithstanding section 306
10(relating to liability for conduct of another; complicity) or
11any other statute to the contrary, any individual or seller who
12knowingly and intentionally sells, delivers or transfers a
13firearm in violation of this chapter who has reason to believe
14that the firearm is intended to be used in the commission of a
15crime or attempt to commit a crime shall be criminally liable
16for the crime or attempted crime.

17(d)  Default violation.--Except as otherwise specifically
18provided, an offense under this subchapter constitutes a
19misdemeanor of the first degree.

20§ 6262.  Felony violations.

21(a)  Felony of the second degree.--The following offenses are
22felonies of the second degree:

23(1)  A violation of section 6211(a) (relating to
24disqualification from possession or ownership) or 6212
25(relating to disqualification based on protection from abuse
26order) by an individual convicted of an offense under section
276211(b) or a felony under the act of April 14, 1972 (P.L.233,
28No.64), known as The Controlled Substance, Drug, Device and
29Cosmetic Act, or any equivalent Federal statute or equivalent
30statute of another state.

1(2)  Possessing a firearm that has had the manufacturer's
2number integral to the frame or receiver altered, changed,
3removed or obliterated.

4(3)  Changing, altering, removing or obliterating the
5manufacturer's number integral to the frame or receiver of
6any firearm.

7(b)  Felony of the third degree.--The following offenses are
8felonies of the third degree:

9(1)  Except as provided in section 6263 (relating to
10misdemeanor violations) and except in an individual's place
11of residence or fixed place of business, carrying a handgun
12in a vehicle or concealed on or about the individual without
13a valid and lawfully issued license to carry issued under
14this chapter.

15(2)  Except as provided in section 6222(g) (relating to
16sale or transfer of handguns), knowingly and intentionally
17delivering to or providing a handgun to an individual under
1818 years of age.

19(3)  Any of the following knowing and intentional acts by
20a person or seller:

21(i)  Selling, delivering or transferring a firearm
22under circumstances intended to provide a firearm to any
23person, purchaser or transferee who is unqualified or
24ineligible to control, possess or use a firearm under
25this chapter.

26(ii)  Requesting a criminal history, juvenile
27delinquency or mental health record check or other
28confidential information from the Pennsylvania State
29Police under this chapter for any purpose other than
30compliance with this chapter.

1(iii)  Disseminating a criminal history, juvenile
2delinquency or mental health record or other confidential
3information to any person other than the subject of the
4information.

5(iv)  Obtaining or furnishing information collected
6or maintained under section 6232 (relating to license to
7carry) for a purpose other than compliance with this
8chapter.

9(v)  Disseminating, publishing or otherwise making
10available information described in subparagraph (ii) to a
11person other than the subject of the information.

12(4)  Any of the following knowing and intentional acts by
13person, purchaser or transferee, in connection with the
14purchase, delivery or transfer of a firearm under this
15chapter:

16(i)  Making a materially false oral statement.

17(ii)  Making a materially false written statement,
18including a statement on a form promulgated by a Federal
19or State agency.

20(iii)  Willfully furnishing or exhibiting false
21identification intended or likely to deceive the seller,
22licensed dealer or licensed manufacturer.

23(5)  Possessing, using or attempting to use armor-
24piercing ammunition while committing or attempting to commit
25a crime enumerated under section 6211(b).

26§ 6263.  Misdemeanor violations.

27(a)  Misdemeanor of first degree.--An individual who carries
28a handgun in a vehicle or concealed on or about the individual
29and who does not have a license to carry issued under section
306232 (relating to license to carry) commits a misdemeanor of the

1first degree, if both of the following apply:

2(1)  The individual is otherwise eligible to apply for a
3license to carry.

4(2)  The individual has not committed any other criminal
5violation.

6(b)  Misdemeanor of second degree.--A person or seller who
7knowingly and intentionally sells, delivers or transfers a
8firearm in violation of section 6221 (relating to sale or
9transfer of firearms), 6222 (relating to sale or transfer of
10handguns) or 6223 (relating to sale or transfer of long guns)
11commits a misdemeanor of the second degree.

12§ 6264.  Summary offenses.

13The following offenses are summary offenses:

14(1)  Selling or attempting to sell a sportsman's firearm
15permit for a fee in excess of the amount fixed in section
166237 (relating to sportsman's firearm permit).

17(2)  Selling or attempting to sell a license to carry for
18a fee in excess of the amount fixed in section 6232 (relating
19to license to carry).

20(3)  Violating section 6234 (relating to revocation of
21license to carry).

22(4)  Carrying a loaded weapon other than a handgun in
23violation of section 6241(a) (relating to other firearms
24restrictions).

25(5)  Violating the requirements related to locking
26devices set forth in section 6222(e) (relating to sale or
27transfer of handguns).

28§ 6265.  Other legal consequences.

29(a)  Forfeiture of handgun.--A handgun in the possession of
30an individual under 18 years of age in violation of section

16241(d) (relating to other firearms restrictions) shall be
2promptly seized by the arresting law enforcement officer. Upon
3conviction or adjudication of delinquency, the handgun shall be
4forfeited or, if the handgun had been stolen, returned to the
5lawful owner.

6(b)  License to sell firearms revoked.--A person or seller
7convicted under section 6262(b)(3)(i) (relating to felony
8violations) is subject to revocation of the license to sell
9firearms for a period of three years.

10(c)  Confidentiality violations.--A person, licensed dealer,
11State or local governmental agency or department that violates
12section 6225(e) (relating to firearm background checks) shall be
13liable in civil damages in the amount of $1,000 per occurrence
14or three times the actual damages incurred as a result of the
15violation, whichever is greater, as well as reasonable attorney
16fees.

17(d)  Retention of records.--A person who knowingly and
18intentionally maintains or fails to destroy any information
19submitted to the Pennsylvania State Police for a firearm
20background check related to the purchase of a long gun in
21violation of section 6223(d)(6) or (7) (relating to sale or
22transfer of long guns) or maintains a firearms registry in
23violation of section 6207(a) (relating to preservation of
24constitutional rights) is subject to a civil penalty of $250 per
25violation, entry or failure to destroy.

26(e)  False information.--The furnishing of false information
27or offering false evidence of identity is a violation of section
284904 (relating to unsworn falsification to authorities).

29(f)  Sentencing for offenses involving armor-piercing
30ammunition.--

1(1)  Subject to paragraph (2), in addition to punishment
2provided for an offense under section 6211(b) (relating to
3disqualification from possession or ownership), the following
4shall be sentenced to a term of imprisonment for not less
5than five years:

6(i)  A person who is convicted in any court of this
7Commonwealth of the crime and who uses or carries, in the
8commission of the crime, a firearm loaded with armor-
9piercing ammunition.

10(ii)  A person who violates section 6262(b)(5).

11(2)  Notwithstanding any other provision of law:

12(i)  The court may not suspend the sentence of a
13person subject to this subsection nor place the person on
14probation.

15(ii)  The term of imprisonment of a person subject to
16this subsection may not run concurrently with another
17term of imprisonment, including that imposed for the
18crime in which the KTW armor-piercing ammunition was
19being used or carried.

20(iii)  A person sentenced under this subsection is
21ineligible for parole.

22§ 6266.  Civil liability.

23(a)  Sale of firearm used in commission of crime.--A person
24or seller who knowingly and intentionally sells or delivers a
25firearm in violation of this chapter who has reason to believe
26that the firearm is intended to be used in the commission of a
27crime or attempt to commit a crime shall be liable in the amount
28of the civil judgment for injuries suffered by a person so
29injured by the crime or attempted crime.

30(b)  Sale of locking devices.--

1(1)  A seller who in good faith complies with the
2provisions of subsection 6222(e) (relating to sale or
3transfer of handguns) is not civilly liable as a result of
4compliance with that subsection, except for an act or
5omission intentionally designed to harm or for a grossly
6negligent act or omission that results in harm.

7(2)  An individual's purchase of a locking device in
8conjunction with the purchase of a handgun under subsection
96222(e) is inadmissible as evidence in a civil action brought
10against the purchaser.

11§ 6267.  Second and subsequent violations of sale or transfer of
12firearms provisions.

13(a)  Ramifications.--A second or subsequent violation of
14section 6221 (relating to sale or transfer of firearms), 6222
15(relating to sale or transfer of handguns) or 6223 (relating to
16sale or transfer of long guns) is subject to the following:

17(1)  The violation shall be a felony of the second
18degree.

19(2)  An individual who at the time of sentencing has been
20convicted of another offense under sections 6221, 6222 or
216223 shall be sentenced to a mandatory minimum sentence of
22imprisonment of five years.

23(3)  A second or subsequent offense shall also result in
24permanent revocation of a license to sell, import or
25manufacture a firearm.

26(b)  Notice.--Notice of the applicability of this section to
27the defendant and reasonable notice of the Commonwealth's
28intention to proceed under this section shall be provided prior
29to trial.

30(c)  Applicability.--The applicability of this section shall

1be determined at sentencing.

2(d)  Evidence.--The court shall consider evidence presented
3at trial, afford the Commonwealth and the defendant an
4opportunity to present necessary additional evidence and
5determine by a preponderance of the evidence if this section is
6applicable.

7(e)  Restrictions on sentencing.--A court may not impose on a
8defendant to which this section is applicable a lesser sentence
9than provided for in subsection (a), place the defendant on
10probation or suspend the defendant's sentence. Nothing in this
11section prevents the sentencing court from imposing a sentence
12greater than that provided in this section. Sentencing
13guidelines promulgated by the Pennsylvania Commission on
14Sentencing do not supersede the mandatory sentences provided in
15this section.

16(f)  Appeals.--If a sentencing court refuses to apply this
17section where applicable, the Commonwealth has the right to
18appellate review of the action of the sentencing court. The
19appellate court shall vacate the sentence and remand the case to
20the sentencing court for imposition of a sentence in accordance
21with this section if it finds that the sentence was imposed in
22violation of this section.

23(g)  Determination of multiple offenses.--For the purposes of
24this section, a person shall be deemed to have been convicted of
25another offense under this section whether or not judgment of
26sentence has been imposed for that violation.

27Section 3. The definition of "firearm" in section 6102(a) of
28Title 23 is amended to read:

29§ 6102. Definitions.

30(a) General rule.--The following words and phrases when used

1in this chapter shall have the meanings given to them in this
2section unless the context clearly indicates otherwise:

3* * *

4"Firearm." Any weapon which is designed to or may readily be
5converted to expel any projectile by the action of an explosive
6or the frame or receiver of any such weapon as defined by 18
7Pa.C.S. § [6105(i) (relating to persons not to possess, use,
8manufacture, control, sell or transfer firearms)] 6202 (relating 
9to definitions).

10* * *

11Section 4. Sections 6105(e)(4), 6108(a)(7) introductory
12paragraph and (ii), 6108.2(a), (b) and (g), 6108.3(b)(3), (c)(1)
13(iii), (d)(2) and (e) and 6119(b) of Title 23 are amended to
14read:

15§ 6105. Responsibilities of law enforcement agencies.

16* * *

17(e) Statewide registry.--

18* * *

19(4) When an order granting relief under section 6108(a)
20(7) has been entered by a court, such information shall be
21available to the Pennsylvania State Police for the purpose of
22conducting a criminal history records check in compliance
23with the applicable provisions of 18 Pa.C.S. [Ch. 61 Subch. A
24(relating to Uniform Firearms Act)] Ch. 62 (relating to 
25firearms and other dangerous articles).

26* * *

27§ 6108. Relief.

28(a) General rule.--The court may grant any protection order
29or approve any consent agreement to bring about a cessation of
30abuse of the plaintiff or minor children. The order or agreement

1may include:

2* * *

3(7) Ordering the defendant to temporarily relinquish to
4the sheriff the defendant's other weapons and ammunition
5which have been used or been threatened to be used in an
6incident of abuse against the plaintiff or the minor children
7and the defendant's firearms and prohibiting the defendant
8from acquiring or possessing any firearm for the duration of
9the order and requiring the defendant to relinquish to the
10sheriff any firearm license issued under section 6108.3
11(relating to relinquishment to third party for safekeeping) 
12or 18 Pa.C.S. § [6106 (relating to firearms not to be carried
13without a license) or 6109 (relating to licenses)] 6232 
14(relating to license to carry) the defendant may possess. A
15copy of the court's order shall be transmitted to the chief
16or head of the police force or police department of the
17municipality and to the sheriff of the county of which the
18defendant is a resident. When relinquishment is ordered, the
19following shall apply:

20* * *

21(ii) The court's order shall contain a list of any
22firearm, other weapon or ammunition ordered relinquished.
23Upon the entry of a final order, the defendant shall
24inform the court in what manner the defendant is going to
25relinquish any firearm, other weapon or ammunition
26ordered relinquished. Relinquishment may occur pursuant
27to section 6108.2 (relating to relinquishment for
28consignment sale, lawful transfer or safekeeping) or
296108.3 or to the sheriff pursuant to this paragraph.
30Where the sheriff is designated, the sheriff shall secure

1custody of the defendant's firearms, other weapons or
2ammunition and any firearm license listed in the court's
3order for the duration of the order or until otherwise
4directed by court order. In securing custody of the
5defendant's relinquished firearms, the sheriff shall
6comply with 18 Pa.C.S. [§ 6105(f)(4) (relating to persons
7not to possess, use, manufacture, control, sell or
8transfer firearms)] §§ 6213(e) (relating to 
9relinquishment of firearms upon disqualification) and 
106215 (relating to disposition of firearms in law 
11enforcement custody). In securing custody of the
12defendant's other weapons and ammunition, the sheriff
13shall provide the defendant with a signed and dated
14written receipt which shall include a detailed
15description of the other weapon or ammunition and its
16condition.

17* * *

18§ 6108.2. Relinquishment for consignment sale, lawful transfer
19or safekeeping.

20(a) General rule.--Notwithstanding any other provision of
21law, a defendant who is the subject of a final protection from
22abuse order, which order provides for the relinquishment of
23firearms, other weapons or ammunition during the period of time
24the order is in effect, may, within the time frame specified in
25the order and in lieu of relinquishment to the sheriff,
26relinquish to a dealer licensed pursuant to 18 Pa.C.S. § [6113
27(relating to licensing of dealers)] 6231 (relating to licensure 
28of firearms dealers) any firearms, other weapons or ammunition
29for consignment sale, lawful transfer or safekeeping.

30(b) Affidavit.--A defendant relinquishing firearms, other

1weapons or ammunition to a dealer pursuant to subsection (a)
2shall obtain an affidavit from the dealer on a form prescribed
3by the Pennsylvania State Police which shall include, at a
4minimum, the following:

5(1) The caption of the case in which the protection from
6abuse order was issued.

7(2) The name, address, date of birth and Social Security
8number of the defendant.

9(3) A list of the firearms, other weapons or ammunition,
10including, if applicable, the manufacturer, model and serial
11number.

12(4) The name and license number of the dealer licensed
13pursuant to 18 Pa.C.S. § [6113] 6231 and the address of the 
14licensed premises.

15(5) An acknowledgment that the firearms, other weapons
16or ammunition will not be returned to the defendant or sold
17or transferred to a person the dealer knows is a member of
18the defendant's household, while the defendant is the subject
19of an active protection from abuse order pursuant to section
206108, which order provides for the relinquishment of the
21firearm, other weapon or ammunition being returned, sold or
22transferred.

23(6) An acknowledgment that the firearms, other weapons
24or ammunition, if sold or transferred, will be sold or 
25lawfully transferred in compliance with 18 Pa.C.S. [Ch. 61 
26(relating to firearms and other dangerous articles)] Ch. 62 
27(relating to firearms and other dangerous articles).

28* * *

29(g) Definitions.--As used in this section, the following
30words and phrases shall have the meanings given to them in this

1subsection:

2"Safekeeping." The secure custody of firearms, other weapons
3or ammunition ordered relinquished by an active protection from
4abuse order.

5"Sale or lawful transfer." Any sale or transfer to a person
6other than the defendant or a member of the defendant's
7household which is conducted in accordance with 18 Pa.C.S. [Ch. 
861 (relating to firearms and other dangerous articles)] Ch. 62 
9(relating to firearms and other dangerous articles).

10§ 6108.3. Relinquishment to third party for safekeeping.

11* * *

12(b) Transfer to third party.--

13* * *

14(3) (i) A defendant wishing to relinquish firearms,
15other weapons or ammunition to a third party pursuant to
16subsection (a) shall, in the presence of the sheriff or
17the sheriff's designee, execute an affidavit on a form
18prescribed by the Pennsylvania State Police which shall
19include, at a minimum, the following:

20(A) The caption of the case in which the
21protection from abuse order was issued.

22(B) The name, address, date of birth and the
23Social Security number of the defendant.

24(C) The name, address and date of birth of the
25third party.

26(D) A list of the firearms, other weapons and
27ammunition which will be relinquished to the third
28party, including, if applicable, the manufacturer,
29model and serial number.

30(E) An acknowledgment that the defendant will

1not take possession of any firearm, other weapon or
2ammunition relinquished to the third party until the
3sheriff accepts return of the safekeeping permit
4pursuant to subsection (d).

5(F) A plain-language summary of 18 Pa.C.S. [§ 
66105(a.1)(2) and (c)(6) (relating to persons not to 
7possess, use, manufacture, control, sell or transfer 
8firearms)] §§ 6211(c)(7) (relating to 
9disqualification from possession or ownership) and 
106212(b) (relating to disqualification based on 
11protection from abuse order).

12(G) A plain-language summary of 18 U.S.C. §
13922(g)(8) (relating to unlawful acts).

14(ii) A third party who will be accepting possession
15of firearms, other weapons and ammunition pursuant to
16subsection (a) shall, in the presence of the sheriff or
17the sheriff's designee, execute an affidavit on a form
18prescribed by the Pennsylvania State Police which shall
19include, at a minimum, the following:

20(A) The caption of the case in which the
21protection from abuse order was issued.

22(B) The name, address and date of birth of the
23defendant.

24(C) The name, address, date of birth and the
25Social Security number of the third party.

26(D) A list of the firearms, other weapons and
27ammunition which will be relinquished to the third
28party, including, if applicable, the manufacturer,
29model and serial number.

30(E) An acknowledgment that no firearm, other

1weapon or ammunition relinquished to the third party
2will be returned to the defendant until the sheriff
3accepts return of the safekeeping permit pursuant to
4subsection (d).

5(F) A plain-language summary of 18 Pa.C.S. §§ 
6[6105(a.1)(5) and (c)(6), 6111(c) (relating to sale
7or transfer of firearms) and 6115 (relating to loans
8on, or lending or giving firearms prohibited).]
96211(c)(7), 6212(b) and 6222 (relating to sale or 
10transfer of handguns).

11(G) A plain-language summary of this section.

12(H) An acknowledgment that the third party is
13not prohibited from possessing firearms, other
14weapons or ammunition pursuant to any Federal or
15State law.

16(I) An acknowledgment that the third party is
17not subject to an active protection from abuse order.

18(J) An acknowledgment that the defendant has
19never been the subject of a protection from abuse
20order issued on behalf of the third party.

21(K) An acknowledgment that any firearms, other 
22weapons and ammunition relinquished to the third 
23party will be stored using a locking device as 
24defined in paragraph (1) of the definition of 
25"locking device" in 18 Pa.C.S. § [6142(f) (relating 
26to locking device for firearms)] 6202 (relating to 
27definitions) or in a secure location to which the 
28defendant does not have access.

29(L) A detailed description of the third party
30liability pursuant to this section relating to civil

1liability.

2(M) An acknowledgment that the third party shall
3inform the sheriff of any change of address for the
4third party within seven days of the change of
5address.

6* * *

7(c) Revocation of safekeeping permit.--

8(1) The sheriff shall revoke a third party's safekeeping
9permit and require the third party to relinquish to the
10sheriff any firearms, other weapons or ammunition which were
11relinquished to the third party by a defendant pursuant to
12subsection (a) upon determining or being notified that any of
13the following apply:

14* * *

15(iii) The defendant has been convicted of a
16violation of 18 Pa.C.S. [Ch. 61 (relating to firearms and
17other dangerous articles)] Ch. 62 (relating to firearms 
18and other dangerous articles) or any other offense
19involving the use of a firearm.

20* * *

21(d) Return of safekeeping permit.--

22* * *

23(2) Upon issuance of a court order pursuant to section 
246108.1 (relating to return of relinquished firearms, other 
25weapons and ammunition and additional relief) and 18 Pa.C.S. 
26[§§ 6105(f)(2) or 6108.1(b) (relating to return of
27relinquished firearms, other weapons and ammunition and
28additional relief)] § 6216(d) (relating to relief from 
29disability) which modifies a valid protection from abuse
30order by allowing the defendant to take possession of a

1firearm, other weapon or ammunition that had previously been
2ordered relinquished, the defendant and the third party shall
3report to the sheriff's office to return the safekeeping
4permit. The sheriff shall proceed as directed by the court
5order.

6* * *

7(e) Civil liability.--A third party who intentionally or
8knowingly violates any of the provisions of this section shall,
9in addition to any other penalty prescribed in this chapter or
1018 Pa.C.S. [Ch. 61] Ch. 62, be civilly liable to any person for
11any damages caused thereby and, in addition, shall be liable to
12any person for punitive damages in an amount not to exceed
13$5,000, and the court shall award a prevailing plaintiff a
14reasonable attorney fee as part of the costs.

15* * *

16§ 6119. Immunity.

17* * *

18(b) Exception.--Law enforcement agencies and their 
19employees, including police officers and sheriffs, shall be 
20liable to the lawful owner of confiscated, seized or 
21relinquished firearms in accordance with 18 Pa.C.S. [§ 6105(f) 
22(relating to persons not to possess, use, manufacture, control, 
23sell or transfer firearms)] §§ 6215 (relating to disposition of 
24firearms in law enforcement custody) and 6216 (relating to 
25relief from disability) and shall be liable to the lawful owner 
26of confiscated, seized or relinquished other weapons or 
27ammunition for any loss, damage or substantial decrease in the 
28value of the other weapons or ammunition that is a direct result 
29of a lack of reasonable care by the law enforcement agency or 
30its employees.

1Section 5. Sections 2325(a.1), 2503(b) and 2525 of Title 34
2are amended to read:

3§ 2325. Cooperation after lawfully killing big game.

4* * *

5(a.1) Exception.--Nothing in this section shall prohibit any
6person from carrying a loaded handgun in the field provided that
7person is in compliance with 18 Pa.C.S. § [6109 (relating to
8licenses)] 6232 (relating to license to carry).

9* * *

10§ 2503. Loaded firearms in vehicles.

11* * *

12(b) Exceptions.--This section shall not be construed to
13apply to:

14(1) A police officer engaged in the performance of his
15official duty.

16(2) A commission officer engaged in the performance of
17his duty.

18(3) A person carrying a loaded pistol or revolver when
19in possession of a valid firearms license issued by the chief
20or head of any police force or the sheriff of a county when
21the license is issued for protection under 18 Pa.C.S. [Ch. 61 
22Subch. A (relating to Uniform Firearms Act)] Ch. 62 (relating 
23to firearms and other dangerous articles).

24(4) Any person as defined in section 2121(c) (relating
25to killing game or wildlife to protect property) while on
26lands they control and when not hunting or trapping for game
27or wildlife.

28(5) Any motorboat or other craft having a motor attached
29or any sailboat if the motor has been completely shut off or
30the sail furled and its progress therefrom has ceased.

1(6) Any political subdivision, its employees or agents,
2which has a valid deer control permit issued under section
32902(c) (relating to general categories of permits).

4The exceptions in paragraphs (1) through (5) do not apply when
5attempting to locate game or wildlife with an artificial light
6or when exercising any privileges granted by this title which
7may be exercised only when not in the possession of a firearm.

8* * *

9§ 2525. Possession of [firearm] handgun for protection of self
10or others.

11(a) General rule.--It is lawful for a law enforcement officer
12or any person who possesses a valid license to carry a [firearm]
13handgun issued under 18 Pa.C.S. § [6109 (relating to licenses)]
146232 (relating to license to carry) to be in possession of a
15loaded or unloaded [firearm] handgun while engaged in any
16activity regulated by this title.

17(b) Construction.--

18(1) This section shall supersede any prohibition on the
19possession of a [firearm] handgun or ammunition contained in
20any other provision of this title.

21(2) This subsection shall not be construed to permit the
22hunting or harvesting of any wildlife with a [firearm]
23handgun or ammunition not otherwise permitted by this title.

24(c) Definitions.--As used in this section, the following
25words and phrases shall have the meanings given to them in this
26subsection:

27["Firearm."] "Handgun." As defined in 18 Pa.C.S. § [6102
28(relating to definitions)] 6202 (relating to definitions).

29"Law enforcement officer." As defined in 18 Pa.C.S. § [6102 
30(relating to definitions)] 6202 (relating to definitions).

1Section 6. Sections 5552(b)(1) and (c)(4) and 6308(d)(1) of
2Title 42 are amended to read:

3§ 5552. Other offenses.

4* * *

5(b) Major offenses.--A prosecution for any of the following
6offenses must be commenced within five years after it is
7committed:

8(1) Under the following provisions of Title 18 (relating
9to crimes and offenses):

10Section 901 (relating to criminal attempt) involving
11attempt to commit murder where no murder occurs.

12Section 902 (relating to criminal solicitation)
13involving solicitation to commit murder where no murder
14occurs.

15Section 903 (relating to criminal conspiracy)
16involving conspiracy to commit murder where no murder
17occurs.

18Section 911 (relating to corrupt organizations).

19Section 2702 (relating to aggravated assault).

20Section 2706 (relating to terroristic threats).

21Section 2713 (relating to neglect of care-dependent
22person).

23Section 2901 (relating to kidnapping).

24Section 3301 (relating to arson and related
25offenses).

26Section 3502 (relating to burglary).

27Section 3701 (relating to robbery).

28Section 3921 (relating to theft by unlawful taking or
29disposition) through section 3933 (relating to unlawful
30use of computer).

1Section 4101 (relating to forgery).

2Section 4107 (relating to deceptive or fraudulent
3business practices).

4Section 4108 (relating to commercial bribery and
5breach of duty to act disinterestedly).

6Section 4109 (relating to rigging publicly exhibited
7contest).

8Section 4117 (relating to insurance fraud).

9Section 4701 (relating to bribery in official and
10political matters) through section 4703 (relating to
11retaliation for past official action).

12Section 4902 (relating to perjury) through section
134912 (relating to impersonating a public servant).

14Section 4952 (relating to intimidation of witnesses
15or victims).

16Section 4953 (relating to retaliation against
17witness, victim or party).

18Section 5101 (relating to obstructing administration
19of law or other governmental function).

20Section 5111 (relating to dealing in proceeds of
21unlawful activities).

22Section 5512 (relating to lotteries, etc.) through
23section 5514 (relating to pool selling and bookmaking).

24Section 5902(b) (relating to prostitution and related
25offenses).

26[Section 6111(g)(2) and (4) (relating to sale or
27transfer of firearms).]

28Section 6262(b)(3)(i) and (4) (relating to felony
29violations).

30Section 6265(b) (relating to other legal

1consequences).

2* * *

3(c) Exceptions.--If the period prescribed in subsection (a),
4(b) or (b.1) has expired, a prosecution may nevertheless be
5commenced for:

6* * *

7(4) An offense in violation of 18 Pa.C.S. [§ 6111(c) or
8(g)] §§ 6222(i) (relating to sale or transfer of handguns), 
96261(c) (relating to violations in general), 6262(b)(3) and 
10(4), 6263(b) (relating to misdemeanor violations) and 
116265(b), within one year of its discovery by State or local
12law enforcement, but in no case shall this paragraph extend
13the period of limitation otherwise applicable by more than
14eight years.

15* * *

16§ 6308. Law enforcement records.

17* * *

18(d) Pennsylvania State Police registry.--

19(1) The contents of law enforcement records and files
20concerning a child shall not be disclosed to the public
21except if the child is 14 years of age or older at the time
22of the alleged conduct and if any of the following apply:

23(i) The child has been adjudicated delinquent by a
24court as a result of any offense enumerated in 18 Pa.C.S. 
25§ [6105 (relating to persons not to possess, use,
26manufacture, control, sell or transfer firearms)] 6211 
27(relating to disqualification from possession or 
28ownership).

29(ii) A petition alleging delinquency has been filed
30by a law enforcement agency alleging that the child has

1committed any offense enumerated in 18 Pa.C.S. § [6105] 
26211 and the child previously has been adjudicated
3delinquent by a court as a result of an act or acts which
4included the elements of one of such crimes.

5Section 7. Paragraph (2) of the definition of "eligible
6offender" in section 4503 of Title 61 is amended to read:

7§ 4503. Definitions.

8The following words and phrases when used in this chapter
9shall have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11* * *

12"Eligible offender." A defendant or inmate convicted of a
13criminal offense who will be committed to the custody of the
14department and who meets all of the following eligibility
15requirements:

16* * *

17(2) Has not been subject to a sentence the calculation 
18of which includes an enhancement for the use of a deadly 
19weapon as defined under law or the sentencing guidelines 
20promulgated by the Pennsylvania Commission on Sentencing or 
21the attorney for the Commonwealth has not demonstrated that 
22the defendant has been found guilty of or was convicted of an 
23offense involving a deadly weapon or offense under 18 Pa.C.S. 
24[Ch. 61 (relating to firearms and other dangerous articles)] 
25Ch. 62 (relating to firearms and other dangerous articles) or 
26the equivalent offense under the laws of the United States or 
27one of its territories or possessions, another state, the 
28District of Columbia, the Commonwealth of Puerto Rico or a 
29foreign nation.

30* * *

1Section 8. This act shall apply as follows:

2(1)  The addition of 18 Pa.C.S. Ch. 62 shall apply to any
3activity initiated on or after the effective date of 18
4Pa.C.S. Ch. 62, subject to the following:

5(i)  If the activity was initiated under 18 Pa.C.S.
6Ch. 61 but not yet completed by the effective date of 18
7Pa.C.S. Ch. 62, the appropriate provision of 18 Pa.C.S.
8Ch. 61 shall govern.

9(ii)  If the activity is initiated on or after the
10effective date of 18 Pa.C.S. Ch. 62 and a related
11activity was initiated under 18 Pa.C.S. Ch. 61, 18
12Pa.C.S. Ch. 62 shall govern the activity initiated on or
13after the effective date of 18 Pa.C.S. Ch. 62.

14(2)  An activity initiated under 18 Pa.C.S. Ch. 61 shall
15continue and remain in full force and effect. Resolutions,
16orders, regulations, rules and decisions that were made under
1718 Pa.C.S. Ch. 61 and that were in effect on the effective
18date of 18 Pa.C.S. Ch. 62 shall remain in full force and
19effect until revoked, vacated or modified under 18 Pa.C.S.
20Ch. 62. Contracts, obligations and agreements entered into
21under 18 Pa.C.S. Ch. 61 are not affected nor impaired by the
22repeal of 18 Pa.C.S. Ch. 61.

23Section 9. This act shall take effect in six months.