PRINTER'S NO. 646
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
632
Session of
2015
INTRODUCED BY GREENLEAF, SCHWANK, KITCHEN AND RAFFERTY,
MARCH 23, 2015
REFERRED TO JUDICIARY, MARCH 23, 2015
AN ACT
Amending Titles 18 (Crimes and Offenses), 23 (Domestic
Relations), 34 (Game), 42 (Judiciary and Judicial Procedure)
and 61 (Prisons and Parole) of the Pennsylvania Consolidated
Statutes, repealing and adding provisions relating to
firearms and other dangerous articles; and making editorial
changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 61 of Title 18 of the Pennsylvania
Consolidated Statutes is repealed:
[CHAPTER 61
FIREARMS AND OTHER DANGEROUS ARTICLES
Subchapter
A. Uniform Firearms Act
B. Firearms Generally
C. Other Dangerous Articles
D. Straw Purchase Prevention Education Program
SUBCHAPTER A
UNIFORM FIREARMS ACT
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6101. Short title of subchapter.
6102. Definitions.
6103. Crimes committed with firearms.
6104. Evidence of intent.
6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
6105.1. Restoration of firearm rights for offenses under prior
laws of this Commonwealth.
6106. Firearms not to be carried without a license.
6106.1. Carrying loaded weapons other than firearms.
6107. Prohibited conduct during emergency.
6108. Carrying firearms on public streets or public property in
Philadelphia.
6109. Licenses.
6110.1. Possession of firearm by minor.
6110.2. Possession of firearm with altered manufacturer's
number.
6111. Sale or transfer of firearms.
6111.1. Pennsylvania State Police.
6111.2. Firearm sales surcharge.
6111.3. Firearm Records Check Fund.
6111.4. Registration of firearms.
6111.5. Rules and regulations.
6112. Retail dealer required to be licensed.
6113. Licensing of dealers.
6114. Judicial review.
6115. Loans on, or lending or giving firearms prohibited.
6116. False evidence of identity.
6117. Altering or obliterating marks of identification.
6118. Antique firearms.
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6119. Violation penalty.
6120. Limitation on the regulation of firearms and ammunition.
6121. Certain bullets prohibited.
6122. Proof of license and exception.
6123. Waiver of disability or pardons.
6124. Administrative regulations.
6125. Distribution of uniform firearm laws and firearm safety
brochures.
6127. Firearm tracing.
§ 6101. Short title of subchapter.
This subchapter shall be known and may be cited as the
Pennsylvania Uniform Firearms Act of 1995.
§ 6102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this subchapter which are applicable to specific
provisions of this subchapter, the following words and phrases,
when used in this subchapter shall have, unless the context
clearly indicates otherwise, the meanings given to them in this
section:
"Commissioner." The Commissioner of the Pennsylvania State
Police.
"Commonwealth Photo Imaging Network." The computer network
administered by the Commonwealth and used to record and store
digital photographs of an individual's face and any scars,
marks, tattoos or other unique features of the individual.
"Conviction." A conviction, a finding of guilty or the
entering of a plea of guilty or nolo contendere, whether or not
judgment of sentence has been imposed, as determined by the law
of the jurisdiction in which the prosecution was held. The term
does not include a conviction which has been expunged or
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overturned or for which an individual has been pardoned unless
the pardon expressly provides that the individual may not
possess or transport firearms.
"County treasurer." The county treasurer or, in home rule or
optional plan counties, the person whose duties encompass those
of a county treasurer.
"Crime punishable by imprisonment exceeding one year." The
term does not include any of the following:
(1) Federal or State offenses pertaining to antitrust,
unfair trade practices, restraints on trade or regulation of
business.
(2) State offenses classified as misdemeanors and
punishable by a term of imprisonment not to exceed two years.
"Firearm." Any pistol or revolver with a barrel length less
than 15 inches, any shotgun with a barrel length less than 18
inches or any rifle with a barrel length less than 16 inches, or
any pistol, revolver, rifle or shotgun with an overall length of
less than 26 inches. The barrel length of a firearm shall be
determined by measuring from the muzzle of the barrel to the
face of the closed action, bolt or cylinder, whichever is
applicable.
"Fund." The Firearm Ownership Fund established in section
6111.3 (relating to Firearm Ownership Fund).
"Law enforcement officer." Any person employed by any police
department or organization of the Commonwealth or political
subdivision thereof who is empowered to effect an arrest with or
without warrant and who is authorized to carry a firearm in the
performance of that person's duties.
"Loaded." A firearm is loaded if the firing chamber, the
nondetachable magazine or, in the case of a revolver, any of the
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chambers of the cylinder contain ammunition capable of being
fired. In the case of a firearm which utilizes a detachable
magazine, the term shall mean a magazine suitable for use in
said firearm which magazine contains such ammunition and has
been inserted in the firearm or is in the same container or,
where the container has multiple compartments, the same
compartment thereof as the firearm. If the magazine is inserted
into a pouch, holder, holster or other protective device that
provides for a complete and secure enclosure of the ammunition,
then the pouch, holder, holster or other protective device shall
be deemed to be a separate compartment.
"Pennsylvania Sheriffs' Association." The State association
of sheriffs authorized by the act of June 14, 1923 (P.L.774,
No.305), entitled "An act authorizing the sheriffs of the
several counties of this Commonwealth to organize themselves
into a State Association, for the purpose of holding annual
meetings, to secure more uniformity and cooperation in the
conduct of their offices, and providing for the payment of
certain expenses in connection with such meetings by the various
counties."
"Safekeeping permit." As defined in 23 Pa.C.S. § 6102
(relating to definitions).
"Sheriff."
(1) Except as provided in paragraph (2), the sheriff of
the county.
(2) In a city of the first class, the chief or head of
the police department.
"State." When used in reference to different parts of the
United States, includes the District of Columbia, the
Commonwealth of Puerto Rico and territories and possessions of
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the United States.
§ 6103. Crimes committed with firearms.
If any person commits or attempts to commit a crime
enumerated in section 6105 (relating to persons not to possess,
use, manufacture, control, sell or transfer firearms) when armed
with a firearm contrary to the provisions of this subchapter,
that person may, in addition to the punishment provided for the
crime, also be punished as provided by this subchapter.
§ 6104. Evidence of intent.
In the trial of a person for committing or attempting to
commit a crime enumerated in section 6105 (relating to persons
not to possess, use, manufacture, control, sell or transfer
firearms), the fact that that person was armed with a firearm,
used or attempted to be used, and had no license to carry the
same, shall be evidence of that person's intention to commit the
offense.
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
(a) Offense defined.--
(1) A person who has been convicted of an offense
enumerated in subsection (b), within or without this
Commonwealth, regardless of the length of sentence or whose
conduct meets the criteria in subsection (c) shall not
possess, use, control, sell, transfer or manufacture or
obtain a license to possess, use, control, sell, transfer or
manufacture a firearm in this Commonwealth.
(2) (i) A person who is prohibited from possessing,
using, controlling, selling, transferring or
manufacturing a firearm under paragraph (1) or subsection
(b) or (c) shall have a reasonable period of time, not to
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exceed 60 days from the date of the imposition of the
disability under this subsection, in which to sell or
transfer that person's firearms to another eligible
person who is not a member of the prohibited person's
household.
(ii) This paragraph shall not apply to any person
whose disability is imposed pursuant to subsection (c)
(6).
(a.1) Penalty.--
(1) A person convicted of a felony enumerated under
subsection (b) or a felony under the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, or any equivalent Federal statute or
equivalent statute of any other state, who violates
subsection (a) commits a felony of the second degree.
(2) A person who is the subject of an active protection
from abuse order issued pursuant to 23 Pa.C.S. § 6108
(relating to relief), which order provided for the
relinquishment of firearms, other weapons or ammunition
during the period of time the order is in effect, commits a
misdemeanor of the first degree if he intentionally or
knowingly fails to relinquish a firearm, other weapon or
ammunition to the sheriff as required by the order unless, in
lieu of relinquishment, he provides an affidavit which lists
the firearms, other weapons or ammunition to the sheriff in
accordance with either 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2
(relating to relinquishment for consignment sale, lawful
transfer or safekeeping) or 6108.3 (relating to
relinquishment to third party for safekeeping).
(3) (i) A person commits a misdemeanor of the third
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degree if he intentionally or knowingly accepts
possession of a firearm, other weapon or ammunition from
a person he knows is the subject of an active protection
from abuse order issued pursuant to 23 Pa.C.S. § 6108,
which order provided for the relinquishment of the
firearm, other weapon or ammunition during the period of
time the order is in effect.
(ii) This paragraph shall not apply to:
(A) a third party who accepts possession of a
firearm, other weapon or ammunition relinquished
pursuant to 23 Pa.C.S. § 6108.3; or
(B) a dealer licensed pursuant to section 6113
(relating to licensing of dealers) or subsequent
purchaser from a dealer licensed pursuant to section
6113, who accepts possession of a firearm, other
weapon or ammunition relinquished pursuant to 23
Pa.C.S. § 6108.2.
(4) It shall be an affirmative defense to any
prosecution under paragraph (3) that the person accepting
possession of a firearm, other weapon or ammunition in
violation of paragraph (3):
(i) notified the sheriff as soon as practicable that
he has taken possession; and
(ii) relinquished possession of any firearm, other
weapon or ammunition possessed in violation of paragraph
(3) as directed by the sheriff.
(5) A person who has accepted possession of a firearm,
other weapon or ammunition pursuant to 23 Pa.C.S. § 6108.3
commits a misdemeanor of the first degree if he intentionally
or knowingly returns a firearm, other weapon or ammunition to
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a defendant or intentionally or knowingly allows a defendant
to have access to the firearm, other weapon or ammunition
prior to either of the following:
(i) The sheriff accepts return of the safekeeping
permit issued to the party pursuant to 23 Pa.C.S. §
6108.3(d)(1)(i).
(ii) The issuance of a court order pursuant to
subsection (f)(2) or 23 Pa.C.S. § 6108.1(b) (relating to
return of relinquished firearms, other weapons and
ammunition and additional relief) which modifies a valid
protection from abuse order issued pursuant to 23 Pa.C.S.
§ 6108, which order provided for the relinquishment of
the firearm, other weapon or ammunition by allowing the
defendant to take possession of the firearm, other weapon
or ammunition that had previously been ordered
relinquished.
(b) Enumerated offenses.--The following offenses shall apply
to subsection (a):
Section 908 (relating to prohibited offensive weapons).
Section 911 (relating to corrupt organizations).
Section 912 (relating to possession of weapon on school
property).
Section 2502 (relating to murder).
Section 2503 (relating to voluntary manslaughter).
Section 2504 (relating to involuntary manslaughter) if
the offense is based on the reckless use of a firearm.
Section 2702 (relating to aggravated assault).
Section 2703 (relating to assault by prisoner).
Section 2704 (relating to assault by life prisoner).
Section 2709.1 (relating to stalking).
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Section 2716 (relating to weapons of mass destruction).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 2910 (relating to luring a child into a motor
vehicle or structure).
Section 3121 (relating to rape).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3125 (relating to aggravated indecent assault).
Section 3301 (relating to arson and related offenses).
Section 3302 (relating to causing or risking
catastrophe).
Section 3502 (relating to burglary).
Section 3503 (relating to criminal trespass) if the
offense is graded a felony of the second degree or higher.
Section 3701 (relating to robbery).
Section 3702 (relating to robbery of motor vehicle).
Section 3921 (relating to theft by unlawful taking or
disposition) upon conviction of the second felony offense.
Section 3923 (relating to theft by extortion) when the
offense is accompanied by threats of violence.
Section 3925 (relating to receiving stolen property) upon
conviction of the second felony offense.
Section 4906 (relating to false reports to law
enforcement authorities) if the fictitious report involved
the theft of a firearm as provided in section 4906(c)(2).
Section 4912 (relating to impersonating a public servant)
if the person is impersonating a law enforcement officer.
Section 4952 (relating to intimidation of witnesses or
victims).
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Section 4953 (relating to retaliation against witness,
victim or party).
Section 5121 (relating to escape).
Section 5122 (relating to weapons or implements for
escape).
Section 5501(3) (relating to riot).
Section 5515 (relating to prohibiting of paramilitary
training).
Section 5516 (relating to facsimile weapons of mass
destruction).
Section 6110.1 (relating to possession of firearm by
minor).
Section 6301 (relating to corruption of minors).
Section 6302 (relating to sale or lease of weapons and
explosives).
Any offense equivalent to any of the above-enumerated
offenses under the prior laws of this Commonwealth or any
offense equivalent to any of the above-enumerated offenses
under the statutes of any other state or of the United
States.
(c) Other persons.--In addition to any person who has been
convicted of any offense listed under subsection (b), the
following persons shall be subject to the prohibition of
subsection (a):
(1) A person who is a fugitive from justice. This
paragraph does not apply to an individual whose fugitive
status is based upon a nonmoving or moving summary offense
under Title 75 (relating to vehicles).
(2) A person who has been convicted of an offense under
the act of April 14, 1972 (P.L.233, No.64), known as The
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Controlled Substance, Drug, Device and Cosmetic Act, or any
equivalent Federal statute or equivalent statute of any other
state, that may be punishable by a term of imprisonment
exceeding two years.
(3) A person who has been convicted of driving under the
influence of alcohol or controlled substance as provided in
75 Pa.C.S. § 3802 (relating to driving under influence of
alcohol or controlled substance) or the former 75 Pa.C.S. §
3731, on three or more separate occasions within a five-year
period. For the purposes of this paragraph only, the
prohibition of subsection (a) shall only apply to transfers
or purchases of firearms after the third conviction.
(4) A person who has been adjudicated as an incompetent
or who has been involuntarily committed to a mental
institution for inpatient care and treatment under section
302, 303 or 304 of the provisions of the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures Act.
This paragraph shall not apply to any proceeding under
section 302 of the Mental Health Procedures Act unless the
examining physician has issued a certification that inpatient
care was necessary or that the person was committable.
(5) A person who, being an alien, is illegally or
unlawfully in the United States.
(6) A person who is the subject of an active protection
from abuse order issued pursuant to 23 Pa.C.S. § 6108, which
order provided for the relinquishment of firearms during the
period of time the order is in effect. This prohibition shall
terminate upon the expiration or vacation of an active
protection from abuse order or portion thereof relating to
the relinquishment of firearms.
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(7) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or
under any equivalent Federal statute or statute of any other
state as a result of conduct which if committed by an adult
would constitute an offense under sections 2502, 2503, 2702,
2703 (relating to assault by prisoner), 2704, 2901, 3121,
3123, 3301, 3502, 3701 and 3923.
(8) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal
statute or statute of any other state as a result of conduct
which if committed by an adult would constitute an offense
enumerated in subsection (b) with the exception of those
crimes set forth in paragraph (7). This prohibition shall
terminate 15 years after the last applicable delinquent
adjudication or upon the person reaching the age of 30,
whichever is earlier.
(9) A person who is prohibited from possessing or
acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to
unlawful acts). If the offense which resulted in the
prohibition under 18 U.S.C. § 922(g)(9) was committed, as
provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to
definitions), by a person in any of the following
relationships:
(i) the current or former spouse, parent or guardian
of the victim;
(ii) a person with whom the victim shares a child in
common;
(iii) a person who cohabits with or has cohabited
with the victim as a spouse, parent or guardian; or
(iv) a person similarly situated to a spouse, parent
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or guardian of the victim;
then the relationship need not be an element of the offense
to meet the requirements of this paragraph.
(d) Exemption.--A person who has been convicted of a crime
specified in subsection (a) or (b) or a person whose conduct
meets the criteria in subsection (c)(1), (2), (5), (7) or (9)
may make application to the court of common pleas of the county
where the principal residence of the applicant is situated for
relief from the disability imposed by this section upon the
possession, transfer or control of a firearm. The court shall
grant such relief if it determines that any of the following
apply:
(1) The conviction has been vacated under circumstances
where all appeals have been exhausted or where the right to
appeal has expired.
(2) The conviction has been the subject of a full pardon
by the Governor.
(3) Each of the following conditions is met:
(i) The Secretary of the Treasury of the United
States has relieved the applicant of an applicable
disability imposed by Federal law upon the possession,
ownership or control of a firearm as a result of the
applicant's prior conviction, except that the court may
waive this condition if the court determines that the
Congress of the United States has not appropriated
sufficient funds to enable the Secretary of the Treasury
to grant relief to applicants eligible for the relief.
(ii) A period of ten years, not including any time
spent in incarceration, has elapsed since the most recent
conviction of the applicant of a crime enumerated in
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subsection (b), a felony violation of The Controlled
Substance, Drug, Device and Cosmetic Act or the offense
which resulted in the prohibition under 18 U.S.C. §
922(g)(9).
(e) Proceedings.--
(1) If a person convicted of an offense under subsection
(a), (b) or (c)(1), (2), (5), (7) or (9) makes application to
the court, a hearing shall be held in open court to determine
whether the requirements of this section have been met. The
commissioner and the district attorney of the county where
the application is filed and any victim or survivor of a
victim of the offense upon which the disability is based may
be parties to the proceeding.
(2) Upon application to the court of common pleas
pursuant to paragraph (1) by an applicant who is subject to
the prohibition under subsection (c)(3), the court shall
grant such relief if a period of ten years, not including any
time spent in incarceration, has passed since the applicant's
most recent conviction under subsection (c)(3).
(f) Other exemptions and proceedings.--
(1) Upon application to the court of common pleas under
this subsection by an applicant subject to the prohibitions
under subsection (c)(4), the court may grant such relief as
it deems appropriate if the court determines that the
applicant may possess a firearm without risk to the applicant
or any other person.
(2) If application is made under this subsection for
relief from the disability imposed under subsection (c)(6),
notice of such application shall be given to the person who
had petitioned for the protection from abuse order, and such
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person shall be a party to the proceedings. Notice of any
court order or amendment to a court order restoring firearms
possession or control shall be given to the person who had
petitioned for the protection from abuse order, to the
sheriff and to the Pennsylvania State Police. The application
and any proceedings on the application shall comply with 23
Pa.C.S. Ch. 61 (relating to protection from abuse).
(3) All hearings conducted under this subsection shall
be closed unless otherwise requested to be open by the
applicant.
(4) (i) The owner of any seized or confiscated firearms
or of any firearms ordered relinquished under 23 Pa.C.S.
§ 6108 shall be provided with a signed and dated written
receipt by the appropriate law enforcement agency. This
receipt shall include, but not limited to, a detailed
identifying description indicating the serial number and
condition of the firearm. In addition, the appropriate
law enforcement agency shall be liable to the lawful
owner of said confiscated, seized or relinquished firearm
for any loss, damage or substantial decrease in value of
said firearm that is a direct result of a lack of
reasonable care by the appropriate law enforcement
agency.
(ii) Firearms shall not be engraved or permanently
marked in any manner, including, but not limited to,
engraving of evidence or other identification numbers.
Unless reasonable suspicion exists to believe that a
particular firearm has been used in the commission of a
crime, no firearm shall be test fired. Any reduction in
the value of a firearm due to test firing, engraving or
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permanently marking in violation of this paragraph shall
be considered damage, and the law enforcement agency
shall be liable to the lawful owner of the firearm for
the reduction in value caused by the test firing,
engraving or permanently marking.
(iii) For purposes of this paragraph, the term
"firearm" shall include any scope, sight, bipod, sling,
light, magazine, clip, ammunition or other firearm
accessory attached to or seized, confiscated or
relinquished with a firearm.
(g) Other restrictions.--Nothing in this section shall
exempt a person from a disability in relation to the possession
or control of a firearm which is imposed as a condition of
probation or parole or which is imposed pursuant to the
provision of any law other than this section.
(h) License prohibition.--Any person who is prohibited from
possessing, using, controlling, selling, purchasing,
transferring or manufacturing any firearm under this section
shall not be eligible for or permitted to obtain a license to
carry a firearm under section 6109 (relating to licenses).
(i) Firearm.--As used in this section only, the term
"firearm" shall include any weapons which are designed to or may
readily be converted to expel any projectile by the action of an
explosive or the frame or receiver of any such weapon.
(j) Copy of order to State Police.--If the court grants
relief from the disabilities imposed under this section, a copy
of the order shall be sent by the prothonotary within ten days
of the entry of the order to the Pennsylvania State Police and
shall include the name, date of birth and Social Security number
of the individual.
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§ 6105.1. Restoration of firearm rights for offenses under
prior laws of this Commonwealth.
(a) Restoration.--A person convicted of a disabling offense
may make application to the court of common pleas in the county
where the principal residence of the applicant is situated for
restoration of firearms rights. The court shall grant
restoration of firearms rights after a hearing in open court to
determine whether the requirements of this section have been met
unless:
(1) the applicant has been convicted of any other
offense specified in section 6105(a) or (b) (relating to
persons not to possess, use, manufacture, control, sell or
transfer firearms) or the applicant's conduct meets the
criteria in section 6105(c)(1), (2), (3), (4), (5), (6) or
(7);
(2) the applicant has been convicted of any other crime
punishable by imprisonment exceeding one year as defined in
section 6102 (relating to definitions); or
(3) the applicant's character and reputation is such
that the applicant would be likely to act in a manner
dangerous to public safety.
(b) Notice and standing.--
(1) Notice of an application for restoration of firearms
rights shall be provided to the Pennsylvania State Police,
the district attorney of the county where the disabling
offense occurred and the district attorney of the county
where the application is filed. The district attorney of the
county where the application is filed, the district attorney
of the county where the disabling offense occurred and the
Pennsylvania State Police may, at their option, be parties to
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the proceeding.
(2) Notwithstanding paragraph (1), the standing of the
Pennsylvania State Police as a party to a proceeding under
this section shall be limited to determinations of whether
the offense meets the definition of the phrase "disabling
offense" or whether the provisions of subsection (a)(1) and
(2) have been satisfied.
(c) Copy of order to Pennsylvania State Police.--If the
court grants restoration of firearms rights to an applicant, a
copy of the order shall be sent by the prothonotary within ten
days of the entry of the order to the district attorneys and the
Pennsylvania State Police, Firearms Division, and shall include
the name, date of birth and Social Security number of the
applicant.
(d) Expungement and pardon.--A restoration of firearms
rights under this section shall not result in the expungement of
any criminal history record information nor will it constitute a
gubernatorial pardon.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Disabling offense." A conviction for any offense which:
(1) resulted in a Federal firearms disability and is
substantially similar to either an offense currently graded
as a crime punishable by a term of imprisonment for not more
than two years or conduct which no longer constitutes a
violation of law; and
(2) was a violation of either of the following:
(i) the former act of May 1, 1929 (P.L.905, No.403),
known as The Vehicle Code, or the former act of April 29,
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1959 (P.L.58, No.32), known as The Vehicle Code; or
(ii) the former act of June 24, 1939 (P.L.872,
No.375), known as the Penal Code.
The definition shall not include any offense which, if committed
under contemporary standards, would constitute a misdemeanor of
the second degree or greater under section 2701 (relating to
simple assault) and was committed by a current or former spouse,
parent or guardian of the victim, by a person with whom the
victim shares a child in common, by a person who is cohabitating
with or has cohabitated with the victim as a spouse, parent or
guardian or by a person similarly situated to a spouse, parent
or guardian of the victim.
"Restoration of firearms rights." Relieving any and all
disabilities with respect to a person's right to own, possess,
use, control, sell, purchase, transfer, manufacture, receive,
ship or transport firearms, including any disabilities imposed
pursuant to this subchapter. The phrase shall also mean the
restoration of the right to vote, to hold public office and to
serve on a jury.
§ 6106. Firearms not to be carried without a license.
(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who
carries a firearm in any vehicle or any person who carries a
firearm concealed on or about his person, except in his place
of abode or fixed place of business, without a valid and
lawfully issued license under this chapter commits a felony
of the third degree.
(2) A person who is otherwise eligible to possess a
valid license under this chapter but carries a firearm in any
vehicle or any person who carries a firearm concealed on or
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about his person, except in his place of abode or fixed place
of business, without a valid and lawfully issued license and
has not committed any other criminal violation commits a
misdemeanor of the first degree.
(b) Exceptions.--The provisions of subsection (a) shall not
apply to:
(1) Constables, sheriffs, prison or jail wardens, or
their deputies, policemen of this Commonwealth or its
political subdivisions, or other law-enforcement officers.
(2) Members of the army, navy, marine corps, air force
or coast guard of the United States or of the National Guard
or organized reserves when on duty.
(3) The regularly enrolled members of any organization
duly organized to purchase or receive such firearms from the
United States or from this Commonwealth.
(4) Any persons engaged in target shooting with a
firearm, if such persons are at or are going to or from their
places of assembly or target practice and if, while going to
or from their places of assembly or target practice, the
firearm is not loaded.
(5) Officers or employees of the United States duly
authorized to carry a concealed firearm.
(6) Agents, messengers and other employees of common
carriers, banks, or business firms, whose duties require them
to protect moneys, valuables and other property in the
discharge of such duties.
(7) Any person engaged in the business of manufacturing,
repairing, or dealing in firearms, or the agent or
representative of any such person, having in his possession,
using or carrying a firearm in the usual or ordinary course
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of such business.
(8) Any person while carrying a firearm which is not
loaded and is in a secure wrapper from the place of purchase
to his home or place of business, or to a place of repair,
sale or appraisal or back to his home or place of business,
or in moving from one place of abode or business to another
or from his home to a vacation or recreational home or
dwelling or back, or to recover stolen property under section
6111.1(b)(4) (relating to Pennsylvania State Police), or to a
place of instruction intended to teach the safe handling, use
or maintenance of firearms or back or to a location to which
the person has been directed to relinquish firearms under 23
Pa.C.S. § 6108 (relating to relief) or back upon return of
the relinquished firearm or to a licensed dealer's place of
business for relinquishment pursuant to 23 Pa.C.S. § 6108.2
(relating to relinquishment for consignment sale, lawful
transfer or safekeeping) or back upon return of the
relinquished firearm or to a location for safekeeping
pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment
to third party for safekeeping) or back upon return of the
relinquished firearm.
(9) Persons licensed to hunt, take furbearers or fish in
this Commonwealth, if such persons are actually hunting,
taking furbearers or fishing as permitted by such license, or
are going to the places where they desire to hunt, take
furbearers or fish or returning from such places.
(10) Persons training dogs, if such persons are actually
training dogs during the regular training season.
(11) Any person while carrying a firearm in any vehicle,
which person possesses a valid and lawfully issued license
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for that firearm which has been issued under the laws of the
United States or any other state.
(12) A person who has a lawfully issued license to carry
a firearm pursuant to section 6109 (relating to licenses) and
that said license expired within six months prior to the date
of arrest and that the individual is otherwise eligible for
renewal of the license.
(13) Any person who is otherwise eligible to possess a
firearm under this chapter and who is operating a motor
vehicle which is registered in the person's name or the name
of a spouse or parent and which contains a firearm for which
a valid license has been issued pursuant to section 6109 to
the spouse or parent owning the firearm.
(14) A person lawfully engaged in the interstate
transportation of a firearm as defined under 18 U.S.C. §
921(a)(3) (relating to definitions) in compliance with 18
U.S.C. § 926A (relating to interstate transportation of
firearms).
(15) Any person who possesses a valid and lawfully
issued license or permit to carry a firearm which has been
issued under the laws of another state, regardless of whether
a reciprocity agreement exists between the Commonwealth and
the state under section 6109(k), provided:
(i) The state provides a reciprocal privilege for
individuals licensed to carry firearms under section
6109.
(ii) The Attorney General has determined that the
firearm laws of the state are similar to the firearm laws
of this Commonwealth.
(16) Any person holding a license in accordance with
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section 6109(f)(3).
(c) Sportsman's firearm permit.--
(1) Before any exception shall be granted under
paragraph (b)(9) or (10) of this section to any person 18
years of age or older licensed to hunt, trap or fish or who
has been issued a permit relating to hunting dogs, such
person shall, at the time of securing his hunting, furtaking
or fishing license or any time after such license has been
issued, secure a sportsman's firearm permit from the county
treasurer. The sportsman's firearm permit shall be issued
immediately and be valid throughout this Commonwealth for a
period of five years from the date of issue for any legal
firearm, when carried in conjunction with a valid hunting,
furtaking or fishing license or permit relating to hunting
dogs. The sportsman's firearm permit shall be in triplicate
on a form to be furnished by the Pennsylvania State Police.
The original permit shall be delivered to the person, and the
first copy thereof, within seven days, shall be forwarded to
the Commissioner of the Pennsylvania State Police by the
county treasurer. The second copy shall be retained by the
county treasurer for a period of two years from the date of
expiration. The county treasurer shall be entitled to collect
a fee of not more than $6 for each such permit issued, which
shall include the cost of any official form. The Pennsylvania
State Police may recover from the county treasurer the cost
of any such form, but may not charge more than $1 for each
official permit form furnished to the county treasurer.
(2) Any person who sells or attempts to sell a
sportsman's firearm permit for a fee in excess of that amount
fixed under this subsection commits a summary offense.
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(d) Revocation of registration.--Any registration of a
firearm under subsection (c) of this section may be revoked by
the county treasurer who issued it, upon written notice to the
holder thereof.
(e) Definitions.--
(1) For purposes of subsection (b)(3), (4), (5), (7) and
(8), the term "firearm" shall include any weapon which is
designed to or may readily be converted to expel any
projectile by the action of an explosive or the frame or
receiver of the weapon.
(2) As used in this section, the phrase "place of
instruction" shall include any hunting club, rifle club,
rifle range, pistol range, shooting range, the premises of a
licensed firearms dealer or a lawful gun show or meet.
§ 6106.1. Carrying loaded weapons other than firearms.
(a) General rule.--Except as provided in Title 34 (relating
to game), no person shall carry a loaded pistol, revolver,
shotgun or rifle, other than a firearm as defined in section
6102 (relating to definitions), in any vehicle. The provisions
of this section shall not apply to persons excepted from the
requirement of a license to carry firearms under section 6106(b)
(1), (2), (5) or (6) (relating to firearms not to be carried
without a license) nor shall the provisions of this section be
construed to permit persons to carry firearms in a vehicle where
such conduct is prohibited by section 6106.
(b) Penalty.--A person who violates the provisions of this
section commits a summary offense.
§ 6107. Prohibited conduct during emergency.
(a) General rule.--No person shall carry a firearm upon the
public streets or upon any public property during an emergency
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proclaimed by a State or municipal governmental executive unless
that person is:
(1) Actively engaged in a defense of that person's life
or property from peril or threat.
(2) Licensed to carry firearms under section 6109
(relating to licenses) or is exempt from licensing under
section 6106(b) (relating to firearms not to be carried
without a license).
(b) Seizure, taking and confiscation.--Except as otherwise
provided under subsection (a) and notwithstanding the provisions
of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any
other provision of law to the contrary, no firearm, accessory or
ammunition may be seized, taken or confiscated during an
emergency unless the seizure, taking or confiscation would be
authorized absent the emergency.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Accessory." Any scope, sight, bipod, sling, light,
magazine, clip or other related item that is attached to or
necessary for the operation of a firearm.
"Firearm." The term includes any weapon that is designed to
or may readily be converted to expel any projectile by the
action of an explosive or the frame or receiver of any weapon.
§ 6108. Carrying firearms on public streets or public property
in Philadelphia.
No person shall carry a firearm, rifle or shotgun at any time
upon the public streets or upon any public property in a city of
the first class unless:
(1) such person is licensed to carry a firearm; or
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(2) such person is exempt from licensing under section
6106(b) of this title (relating to firearms not to be carried
without a license).
§ 6109. Licenses.
(a) Purpose of license.--A license to carry a firearm shall
be for the purpose of carrying a firearm concealed on or about
one's person or in a vehicle throughout this Commonwealth.
(b) Place of application.--An individual who is 21 years of
age or older may apply to a sheriff for a license to carry a
firearm concealed on or about his person or in a vehicle within
this Commonwealth. If the applicant is a resident of this
Commonwealth, he shall make application with the sheriff of the
county in which he resides or, if a resident of a city of the
first class, with the chief of police of that city.
(c) Form of application and content.--The application for a
license to carry a firearm shall be uniform throughout this
Commonwealth and shall be on a form prescribed by the
Pennsylvania State Police. The form may contain provisions, not
exceeding one page, to assure compliance with this section.
Issuing authorities shall use only the application form
prescribed by the Pennsylvania State Police. One of the
following reasons for obtaining a firearm license shall be set
forth in the application: self-defense, employment, hunting and
fishing, target shooting, gun collecting or another proper
reason. The application form shall be dated and signed by the
applicant and shall contain the following statement:
I have never been convicted of a crime that prohibits me
from possessing or acquiring a firearm under Federal or
State law. I am of sound mind and have never been
committed to a mental institution. I hereby certify that
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the statements contained herein are true and correct to
the best of my knowledge and belief. I understand that,
if I knowingly make any false statements herein, I am
subject to penalties prescribed by law. I authorize the
sheriff, or his designee, or, in the case of first class
cities, the chief or head of the police department, or
his designee, to inspect only those records or documents
relevant to information required for this application. If
I am issued a license and knowingly become ineligible to
legally possess or acquire firearms, I will promptly
notify the sheriff of the county in which I reside or, if
I reside in a city of the first class, the chief of
police of that city.
(d) Sheriff to conduct investigation.--The sheriff to whom
the application is made shall:
(1) investigate the applicant's record of criminal
conviction;
(2) investigate whether or not the applicant is under
indictment for or has ever been convicted of a crime
punishable by imprisonment exceeding one year;
(3) investigate whether the applicant's character and
reputation are such that the applicant will not be likely to
act in a manner dangerous to public safety;
(4) investigate whether the applicant would be precluded
from receiving a license under subsection (e)(1) or section
6105(h) (relating to persons not to possess, use,
manufacture, control, sell or transfer firearms); and
(5) conduct a criminal background, juvenile delinquency
and mental health check following the procedures set forth in
section 6111 (relating to sale or transfer of firearms),
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receive a unique approval number for that inquiry and record
the date and number on the application.
(e) Issuance of license.--
(1) A license to carry a firearm shall be for the
purpose of carrying a firearm concealed on or about one's
person or in a vehicle and shall be issued if, after an
investigation not to exceed 45 days, it appears that the
applicant is an individual concerning whom no good cause
exists to deny the license. A license shall not be issued to
any of the following:
(i) An individual whose character and reputation is
such that the individual would be likely to act in a
manner dangerous to public safety.
(ii) An individual who has been convicted of an
offense under the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and
Cosmetic Act.
(iii) An individual convicted of a crime enumerated
in section 6105.
(iv) An individual who, within the past ten years,
has been adjudicated delinquent for a crime enumerated in
section 6105 or for an offense under The Controlled
Substance, Drug, Device and Cosmetic Act.
(v) An individual who is not of sound mind or who
has ever been committed to a mental institution.
(vi) An individual who is addicted to or is an
unlawful user of marijuana or a stimulant, depressant or
narcotic drug.
(vii) An individual who is a habitual drunkard.
(viii) An individual who is charged with or has been
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convicted of a crime punishable by imprisonment for a
term exceeding one year except as provided for in section
6123 (relating to waiver of disability or pardons).
(ix) A resident of another state who does not
possess a current license or permit or similar document
to carry a firearm issued by that state if a license is
provided for by the laws of that state, as published
annually in the Federal Register by the Bureau of
Alcohol, Tobacco and Firearms of the Department of the
Treasury under 18 U.S.C. § 921(a)(19) (relating to
definitions).
(x) An alien who is illegally in the United States.
(xi) An individual who has been discharged from the
armed forces of the United States under dishonorable
conditions.
(xii) An individual who is a fugitive from justice.
This subparagraph does not apply to an individual whose
fugitive status is based upon nonmoving or moving summary
offense under Title 75 (relating to vehicles).
(xiii) An individual who is otherwise prohibited
from possessing, using, manufacturing, controlling,
purchasing, selling or transferring a firearm as provided
by section 6105.
(xiv) An individual who is prohibited from
possessing or acquiring a firearm under the statutes of
the United States.
(3) The license to carry a firearm shall be designed to
be uniform throughout this Commonwealth and shall be in a
form prescribed by the Pennsylvania State Police. The license
shall bear the following:
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(i) The name, address, date of birth, race, sex,
citizenship, height, weight, color of hair, color of eyes
and signature of the licensee.
(ii) The signature of the sheriff issuing the
license.
(iii) A license number of which the first two
numbers shall be a county location code followed by
numbers issued in numerical sequence.
(iv) The point-of-contact telephone number
designated by the Pennsylvania State Police under
subsection (l).
(v) The reason for issuance.
(vi) The period of validation.
(4) The sheriff shall require a photograph of the
licensee on the license. The photograph shall be in a form
compatible with the Commonwealth Photo Imaging Network.
(5) The original license shall be issued to the
applicant. The first copy of the license shall be forwarded
to the Pennsylvania State Police within seven days of the
date of issue. The second copy shall be retained by the
issuing authority for a period of seven years. Except
pursuant to court order, both copies and the application
shall, at the end of the seven-year period, be destroyed
unless the license has been renewed within the seven-year
period.
(f) Term of license.--
(1) A license to carry a firearm issued under subsection
(e) shall be valid throughout this Commonwealth for a period
of five years unless extended under paragraph (3) or sooner
revoked.
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(2) At least 60 days prior to the expiration of each
license, the issuing sheriff shall send to the licensee an
application for renewal of license. Failure to receive a
renewal application shall not relieve a licensee from the
responsibility to renew the license.
(3) Notwithstanding paragraph (1) or any other provision
of law to the contrary, a license to carry a firearm that is
held by a member of the United States Armed Forces or the
Pennsylvania National Guard on Federal active duty and
deployed overseas that is scheduled to expire during the
period of deployment shall be extended until 90 days after
the end of the deployment.
(4) Possession of a license, together with a copy of the
person's military orders showing the dates of overseas
deployment, including the date that the overseas deployment
ends, shall constitute, during the extension period specified
in paragraph (3), a defense to any charge filed pursuant to
section 6106 (relating to firearms not to be carried without
a license) or 6108 (relating to carrying firearms on public
streets or public property in Philadelphia).
(g) Grant or denial of license.--Upon the receipt of an
application for a license to carry a firearm, the sheriff shall,
within 45 days, issue or refuse to issue a license on the basis
of the investigation under subsection (d) and the accuracy of
the information contained in the application. If the sheriff
refuses to issue a license, the sheriff shall notify the
applicant in writing of the refusal and the specific reasons.
The notice shall be sent by certified mail to the applicant at
the address set forth in the application.
(h) Fee.--
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(1) In addition to fees described in paragraphs (2)(ii)
and (3), the fee for a license to carry a firearm is $19.
This includes all of the following:
(i) A renewal notice processing fee of $1.50.
(ii) An administrative fee of $5 under section 14(2)
of the act of July 6, 1984 (P.L.614, No.127), known as
the Sheriff Fee Act.
(2) (Expired).
(3) An additional fee of $1 shall be paid by the
applicant for a license to carry a firearm and shall be
remitted by the sheriff to the Firearms License Validation
System Account, which is hereby established as a special
restricted receipt account within the General Fund of the
State Treasury. The account shall be used for purposes under
subsection (l). Moneys credited to the account and any
investment income accrued are hereby appropriated on a
continuing basis to the Pennsylvania State Police.
(4) No fee other than that provided by this subsection
or the Sheriff Fee Act may be assessed by the sheriff for the
performance of any background check made pursuant to this
act.
(5) The fee is payable to the sheriff to whom the
application is submitted and is payable at the time of
application for the license.
(6) Except for the administrative fee of $5 under
section 14(2) of the Sheriff Fee Act, all other fees shall be
refunded if the application is denied but shall not be
refunded if a license is issued and subsequently revoked.
(7) A person who sells or attempts to sell a license to
carry a firearm for a fee in excess of the amounts fixed
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under this subsection commits a summary offense.
(i) Revocation.--A license to carry firearms may be revoked
by the issuing authority for good cause. A license to carry
firearms shall be revoked by the issuing authority for any
reason stated in subsection (e)(1) which occurs during the term
of the permit. Notice of revocation shall be in writing and
shall state the specific reason for revocation. Notice shall be
sent by certified mail to the individual whose license is
revoked, and, at that time, notice shall also be provided to the
Pennsylvania State Police by electronic means, including e-mail
or facsimile transmission, that the license is no longer valid.
An individual whose license is revoked shall surrender the
license to the issuing authority within five days of receipt of
the notice. An individual whose license is revoked may appeal to
the court of common pleas for the judicial district in which the
individual resides. An individual who violates this section
commits a summary offense.
(i.1) Notice to sheriff.--Notwithstanding any statute to the
contrary:
(1) Upon conviction of a person for a crime specified in
section 6105(a) or (b) or upon conviction of a person for a
crime punishable by imprisonment exceeding one year or upon a
determination that the conduct of a person meets the criteria
specified in section 6105(c)(1), (2), (3), (5), (6) or (9),
the court shall determine if the defendant has a license to
carry firearms issued pursuant to this section. If the
defendant has such a license, the court shall notify the
sheriff of the county in which that person resides, on a form
developed by the Pennsylvania State Police, of the identity
of the person and the nature of the crime or conduct which
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resulted in the notification. The notification shall be
transmitted by the judge within seven days of the conviction
or determination.
(2) Upon adjudication that a person is incompetent or
upon the involuntary commitment of a person to a mental
institution for inpatient care and treatment under the act of
July 9, 1976 (P.L.817, No.143), known as the Mental Health
Procedures Act, or upon involuntary treatment of a person as
described under section 6105(c)(4), the judge of the court of
common pleas, mental health review officer or county mental
health and mental retardation administrator shall notify the
sheriff of the county in which that person resides, on a form
developed by the Pennsylvania State Police, of the identity
of the person who has been adjudicated, committed or treated
and the nature of the adjudication, commitment or treatment.
The notification shall be transmitted by the judge, mental
health review officer or county mental health and mental
retardation administrator within seven days of the
adjudication, commitment or treatment.
(j) Immunity.--A sheriff who complies in good faith with
this section shall be immune from liability resulting or arising
from the action or misconduct with a firearm committed by any
individual to whom a license to carry a firearm has been issued.
(k) Reciprocity.--
(1) The Attorney General shall have the power and duty
to enter into reciprocity agreements with other states
providing for the mutual recognition of a license to carry a
firearm issued by the Commonwealth and a license or permit to
carry a firearm issued by the other state. To carry out this
duty, the Attorney General is authorized to negotiate
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reciprocity agreements and grant recognition of a license or
permit to carry a firearm issued by another state.
(2) The Attorney General shall report to the General
Assembly within 180 days of the effective date of this
paragraph and annually thereafter concerning the agreements
which have been consummated under this subsection.
(l) Firearms License Validation System.--
(1) The Pennsylvania State Police shall establish a
nationwide toll-free telephone number, known as the Firearms
License Validation System, which shall be operational seven
days a week, 24 hours per day, for the purpose of responding
to law enforcement inquiries regarding the validity of any
Pennsylvania license to carry a firearm.
(2) Notwithstanding any other law regarding the
confidentiality of information, inquiries to the Firearms
License Validation System regarding the validity of any
Pennsylvania license to carry a firearm may only be made by
law enforcement personnel acting within the scope of their
official duties.
(3) Law enforcement personnel outside this Commonwealth
shall provide their originating agency identifier number and
the license number of the license to carry a firearm which is
the subject of the inquiry.
(4) Responses to inquiries by law enforcement personnel
outside this Commonwealth shall be limited to the name of the
licensee, the validity of the license and any information
which may be provided to a criminal justice agency pursuant
to Chapter 91 (relating to criminal history record
information).
(m) Inquiries.--
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(1) The Attorney General shall, not later than one year
after the effective date of this subsection and not less than
once annually, contact in writing the appropriate authorities
in any other state which does not have a current reciprocity
agreement with the Commonwealth to determine if:
(i) the state will negotiate a reciprocity
agreement;
(ii) a licensee may carry a concealed firearm in the
state; or
(iii) a licensee may apply for a license or permit
to carry a firearm issued by the state.
(2) The Attorney General shall maintain a current list
of those states which have a reciprocity agreement with the
Commonwealth, those states which allow licensees to carry a
concealed firearm and those states which allow licensees to
apply for a license or permit to carry a firearm. This list
shall be posted on the Internet, provided to the Pennsylvania
State Police and made available to the public upon request.
(m.1) Temporary emergency licenses.--
(1) A person seeking a temporary emergency license to
carry a concealed firearm shall submit to the sheriff of the
county in which the person resides all of the following:
(i) Evidence of imminent danger to the person or the
person's minor child. For purposes of this subparagraph,
the term "minor" shall have the same meaning as provided
in 1 Pa.C.S. § 1991 (relating to definitions).
(ii) A sworn affidavit that contains the information
required on an application for a license to carry a
firearm and attesting that the person is 21 years of age
or older, is not prohibited from owning firearms under
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section 6105 (relating to persons not to possess, use,
manufacture, control, sell or transfer firearms) or any
other Federal or State law and is not currently subject
to a protection from abuse order or a protection order
issued by a court of another state.
(iii) In addition to the provisions of subsection
(h), a temporary emergency license fee established by the
Commissioner of the Pennsylvania State Police for an
amount that does not exceed the actual cost of conducting
the criminal background check or $10, whichever is less.
(iv) An application for a license to carry a firearm
on the form prescribed pursuant to subsection (c).
(2) Upon receipt of the items required under paragraph
(1), the sheriff immediately shall conduct a criminal
history, juvenile delinquency and mental health record check
of the applicant pursuant to section 6105. Immediately upon
receipt of the results of the records check, the sheriff
shall review the information and shall determine whether the
applicant meets the criteria set forth in this subsection. If
the sheriff determines that the applicant has met all of the
criteria, the sheriff shall immediately issue the applicant a
temporary emergency license to carry a concealed firearm.
(3) If the sheriff refuses to issue a temporary
emergency license, the sheriff shall specify the grounds for
the denial in a written notice to the applicant. The
applicant may appeal the denial or challenge criminal records
check results that were the basis of the denial, if
applicable, in the same manner as a denial of a license to
carry a firearm under this section.
(4) A temporary emergency license issued under this
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subsection shall be valid for 45 days and may not be renewed.
A person who has been issued a temporary emergency license
under this subsection shall not be issued another temporary
emergency license unless at least five years have expired
since the issuance of the prior temporary emergency license.
During the 45 days the temporary emergency license is valid,
the sheriff shall conduct an additional investigation of the
person for the purposes of determining whether the person may
be issued a license pursuant to this section. If, during the
course of this investigation, the sheriff discovers any
information that would have prohibited the issuance of a
license pursuant to this section, the sheriff shall be
authorized to revoke the temporary emergency license as
provided in subsection (i).
(5) The temporary emergency license issued pursuant to
this section shall be consistent with the form prescribed in
subsection (e)(3), (4) and (5). In addition to the
information provided in those paragraphs, the temporary
emergency license shall be clearly marked "Temporary."
(6) A person who holds a temporary emergency license to
carry a firearm shall have the same rights to carry a firearm
as a person issued a license to carry a firearm under this
section. A licensee under this subsection shall be subject to
all other duties, restrictions and penalties under this
section, including revocation pursuant to subsection (i).
(7) A sheriff who issues a temporary emergency license
to carry a firearm shall retain, for the entire period during
which the temporary emergency license is in effect, the
evidence of imminent danger that the applicant submitted to
the sheriff that was the basis for the license, or a copy of
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the evidence, as appropriate.
(8) A person applying for a temporary emergency license
shall complete the application required pursuant to
subsection (c) and shall provide at the time of application
the information required in paragraph (1).
(9) Prior to the expiration of a temporary emergency
license, if the sheriff has determined pursuant to
investigation that the person issued a temporary emergency
license is not disqualified and if the temporary emergency
license has not been revoked pursuant to subsection (i), the
sheriff shall issue a license pursuant to this section that
is effective for the balance of the five-year period from the
date of the issuance of the temporary emergency license.
Records and all other information, duties and obligations
regarding such licenses shall be applicable as otherwise
provided in this section.
(10) As used in this subsection, the term "evidence of
imminent danger" means:
(i) a written document prepared by the Attorney
General, a district attorney, a chief law enforcement
officer, judicial officer or their designees describing
the facts that give a person reasonable cause to fear a
criminal attack upon the person or the person's minor
child. For the purposes of this subparagraph, the term
"chief law enforcement officer" shall have the same
meaning as provided in 42 Pa.C.S. § 8951 (relating to
definitions) and "judicial officer" shall have the same
meaning as provided in 42 Pa.C.S. § 102 (relating to
definitions).
(ii) a police report.
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(m.2) Inconsistent provisions.--Notwithstanding the
provisions of section 7506 (relating to violation of rules
regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727
(relating to additional limitations on operation) or the act of
June 28, 1995 (P.L.89, No.18), known as the Conservation and
Natural Resources Act, and regulations promulgated under that
act, a firearm may be carried as provided in subsection (a) by:
(1) a law enforcement officer whose current
identification as a law enforcement officer shall be
construed as a valid license to carry a firearm; or
(2) any licensee.
(m.3) Construction.--Nothing in this section shall be
construed to:
(1) Permit the hunting or harvesting of any wildlife
with a firearm or ammunition not otherwise permitted by 34
Pa.C.S. (relating to game).
(2) Authorize any Commonwealth agency to regulate the
possession of firearms in any manner inconsistent with the
provisions of this title.
(n) Definition.--As used in this section, the term
"licensee" means an individual who is licensed to carry a
firearm under this section.
§ 6110.1. Possession of firearm by minor.
(a) Firearm.--Except as provided in subsection (b), a person
under 18 years of age shall not possess or transport a firearm
anywhere in this Commonwealth.
(b) Exception.--Subsection (a) shall not apply to a person
under 18 years of age:
(1) who is under the supervision of a parent,
grandparent, legal guardian or an adult acting with the
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expressed consent of the minor's custodial parent or legal
guardian and the minor is engaged in lawful activity,
including safety training, lawful target shooting, engaging
in an organized competition involving the use of a firearm or
the firearm is unloaded and the minor is transporting it for
a lawful purpose; or
(2) who is lawfully hunting or trapping in accordance
with 34 Pa.C.S. (relating to game).
(c) Responsibility of adult.--Any person who knowingly and
intentionally delivers or provides to the minor a firearm in
violation of subsection (a) commits a felony of the third
degree.
(d) Forfeiture.--Any firearm in the possession of a person
under 18 years of age in violation of this section shall be
promptly seized by the arresting law enforcement officer and
upon conviction or adjudication of delinquency shall be
forfeited or, if stolen, returned to the lawful owner.
§ 6110.2. Possession of firearm with altered manufacturer's
number.
(a) General rule.--No person shall possess a firearm which
has had the manufacturer's number integral to the frame or
receiver altered, changed, removed or obliterated.
(b) Penalty.--A person who violates this section commits a
felony of the second degree.
(c) Definition.--As used in this section, the term "firearm"
shall have the same meaning as that term is defined in section
6105(i) (relating to persons not to possess, use, manufacture,
control, sell or transfer firearms), except that the term shall
not include antique firearms as defined in section 6118
(relating to antique firearms).
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§ 6111. Sale or transfer of firearms.
(a) Time and manner of delivery.--
(1) Except as provided in paragraph (2), no seller shall
deliver a firearm to the purchaser or transferee thereof
until 48 hours shall have elapsed from the time of the
application for the purchase thereof, and, when delivered,
the firearm shall be securely wrapped and shall be unloaded.
(2) Thirty days after publication in the Pennsylvania
Bulletin that the Instantaneous Criminal History Records
Check System has been established in accordance with the
Brady Handgun Violence Prevention Act (Public Law 103-159, 18
U.S.C. § 921 et seq.), no seller shall deliver a firearm to
the purchaser thereof until the provisions of this section
have been satisfied, and, when delivered, the firearm shall
be securely wrapped and shall be unloaded.
(b) Duty of seller.--No licensed importer, licensed
manufacturer or licensed dealer shall sell or deliver any
firearm to another person, other than a licensed importer,
licensed manufacturer, licensed dealer or licensed collector,
until the conditions of subsection (a) have been satisfied and
until he has:
(1) For purposes of a firearm as defined in section 6102
(relating to definitions), obtained a completed
application/record of sale from the potential buyer or
transferee to be filled out in triplicate, the original copy
to be sent to the Pennsylvania State Police, postmarked via
first class mail, within 14 days of the sale, one copy to be
retained by the licensed importer, licensed manufacturer or
licensed dealer for a period of 20 years and one copy to be
provided to the purchaser or transferee. The form of this
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application/record of sale shall be no more than one page in
length and shall be promulgated by the Pennsylvania State
Police and provided by the licensed importer, licensed
manufacturer or licensed dealer. The application/record of
sale shall include the name, address, birthdate, gender,
race, physical description and Social Security number of the
purchaser or transferee, the date of the application and the
caliber, length of barrel, make, model and manufacturer's
number of the firearm to be purchased or transferred. The
application/record of sale shall also contain the following
question:
Are you the actual buyer of the firearm(s), as defined
under 18 Pa.C.S. § 6102 (relating to definitions), listed
on this application/record of sale? Warning: You are not
the actual buyer if you are acquiring the firearm(s) on
behalf of another person, unless you are legitimately
acquiring the firearm as a gift for any of the following
individuals who are legally eligible to own a firearm:
(1) spouse;
(2) parent;
(3) child;
(4) grandparent; or
(5) grandchild.
(1.1) On the date of publication in the Pennsylvania
Bulletin of a notice by the Pennsylvania State Police that
the instantaneous records check has been implemented, all of
the following shall apply:
(i) In the event of an electronic failure under
section 6111.1(b)(2) (relating to Pennsylvania State
Police) for purposes of a firearm which exceeds the
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barrel and related lengths set forth in section 6102,
obtained a completed application/record of sale from the
potential buyer or transferee to be filled out in
triplicate, the original copy to be sent to the
Pennsylvania State Police, postmarked via first class
mail, within 14 days of sale, one copy to be retained by
the licensed importer, licensed manufacturer or licensed
dealer for a period of 20 years and one copy to be
provided to the purchaser or transferee.
(ii) The form of the application/record of sale
shall be no more than one page in length and shall be
promulgated by the Pennsylvania State Police and provided
by the licensed importer, licensed manufacturer or
licensed dealer.
(iii) For purposes of conducting the criminal
history, juvenile delinquency and mental health records
background check which shall be completed within ten days
of receipt of the information from the dealer, the
application/record of sale shall include the name,
address, birthdate, gender, race, physical description
and Social Security number of the purchaser or transferee
and the date of application.
(iv) No information regarding the type of firearm
need be included other than an indication that the
firearm exceeds the barrel lengths set forth in section
6102.
(v) Unless it has been discovered pursuant to a
criminal history, juvenile delinquency and mental health
records background check that the potential purchaser or
transferee is prohibited from possessing a firearm
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pursuant to section 6105 (relating to persons not to
possess, use, manufacture, control, sell or transfer
firearms), no information on the application/record of
sale provided pursuant to this subsection shall be
retained as precluded by section 6111.4 (relating to
registration of firearms) by the Pennsylvania State
Police either through retention of the application/record
of sale or by entering the information onto a computer,
and, further, an application/record of sale received by
the Pennsylvania State Police pursuant to this subsection
shall be destroyed within 72 hours of the completion of
the criminal history, juvenile delinquency and mental
health records background check.
(1.2) Fees collected under paragraph (3) and section
6111.2 (relating to firearm sales surcharge) shall be
transmitted to the Pennsylvania State Police within 14 days
of collection.
(1.3) In addition to the criminal penalty under section
6119 (relating to violation penalty), any person who
knowingly and intentionally maintains or fails to destroy any
information submitted to the Pennsylvania State Police for
purposes of a background check pursuant to paragraphs (1.1)
and (1.4) or violates section 6111.4 shall be subject to a
civil penalty of $250 per violation, entry or failure to
destroy.
(1.4) Following implementation of the instantaneous
records check by the Pennsylvania State Police on or before
December 1, 1998, no application/record of sale shall be
completed for the purchase or transfer of a firearm which
exceeds the barrel lengths set forth in section 6102. A
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statement shall be submitted by the dealer to the
Pennsylvania State Police, postmarked via first class mail,
within 14 days of the sale, containing the number of firearms
sold which exceed the barrel and related lengths set forth in
section 6102, the amount of surcharge and other fees remitted
and a list of the unique approval numbers given pursuant to
paragraph (4), together with a statement that the background
checks have been performed on the firearms contained in the
statement. The form of the statement relating to performance
of background checks shall be promulgated by the Pennsylvania
State Police.
(2) Inspected photoidentification of the potential
purchaser or transferee, including, but not limited to, a
driver's license, official Pennsylvania photoidentification
card or official government photoidentification card. In the
case of a potential buyer or transferee who is a member of a
recognized religious sect or community whose tenets forbid or
discourage the taking of photographs of members of that sect
or community, a seller shall accept a valid-without-photo
driver's license or a combination of documents, as prescribed
by the Pennsylvania State Police, containing the applicant's
name, address, date of birth and the signature of the
applicant.
(3) Requested by means of a telephone call that the
Pennsylvania State Police conduct a criminal history,
juvenile delinquency history and a mental health record
check. The purchaser and the licensed dealer shall provide
such information as is necessary to accurately identify the
purchaser. The requester shall be charged a fee equivalent to
the cost of providing the service but not to exceed $2 per
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buyer or transferee.
(4) Received a unique approval number for that inquiry
from the Pennsylvania State Police and recorded the date and
the number on the application/record of sale form.
(5) Issued a receipt containing the information from
paragraph (4), including the unique approval number of the
purchaser. This receipt shall be prima facie evidence of the
purchaser's or transferee's compliance with the provisions of
this section.
(6) Unless it has been discovered pursuant to a criminal
history, juvenile delinquency and mental health records
background check that the potential purchaser or transferee
is prohibited from possessing a firearm pursuant to section
6105, no information received via telephone following the
implementation of the instantaneous background check system
from a purchaser or transferee who has received a unique
approval number shall be retained by the Pennsylvania State
Police.
(7) For purposes of the enforcement of 18 U.S.C. §
922(d)(9), (g)(1) and (s)(1) (relating to unlawful acts), in
the event the criminal history or juvenile delinquency
background check indicates a conviction for a misdemeanor
that the Pennsylvania State Police cannot determine is or is
not related to an act of domestic violence, the Pennsylvania
State Police shall issue a temporary delay of the approval of
the purchase or transfer. During the temporary delay, the
Pennsylvania State Police shall conduct a review or
investigation of the conviction with courts, local police
departments, district attorneys and other law enforcement or
related institutions as necessary to determine whether or not
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the misdemeanor conviction involved an act of domestic
violence. The Pennsylvania State Police shall conduct the
review or investigation as expeditiously as possible. No
firearm may be transferred by the dealer to the purchaser who
is the subject of the investigation during the temporary
delay. The Pennsylvania State Police shall notify the dealer
of the termination of the temporary delay and either deny the
sale or provide the unique approval number under paragraph
(4).
(c) Duty of other persons.--Any person who is not a licensed
importer, manufacturer or dealer and who desires to sell or
transfer a firearm to another unlicensed person shall do so only
upon the place of business of a licensed importer, manufacturer,
dealer or county sheriff's office, the latter of whom shall
follow the procedure set forth in this section as if he were the
seller of the firearm. The provisions of this section shall not
apply to transfers between spouses or to transfers between a
parent and child or to transfers between grandparent and
grandchild.
(d) Defense.--Compliance with the provisions of this section
shall be a defense to any criminal complaint under the laws of
this Commonwealth or other claim or cause of action under this
chapter arising from the sale or transfer of any firearm.
(e) Nonapplicability of section.--This section shall not
apply to the following:
(1) Any firearm manufactured on or before 1898.
(2) Any firearm with a matchlock, flintlock or
percussion cap type of ignition system.
(3) Any replica of any firearm described in paragraph
(1) if the replica:
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(i) is not designed or redesigned to use rimfire or
conventional center fire fixed ammunition; or
(ii) uses rimfire or conventional center fire fixed
ammunition which is no longer manufactured in the United
States and which is not readily available in the ordinary
channels of commercial trade.
(f) Application of section.--
(1) For the purposes of this section only, except as
provided by paragraph (2), "firearm" shall mean any weapon
which is designed to or may readily be converted to expel any
projectile by the action of an explosive or the frame or
receiver of any such weapon.
(2) The provisions contained in subsections (a) and (c)
shall only apply to pistols or revolvers with a barrel length
of less than 15 inches, any shotgun with a barrel length of
less than 18 inches, any rifle with a barrel length of less
than 16 inches or any firearm with an overall length of less
than 26 inches.
(3) The provisions contained in subsection (a) shall not
apply to any law enforcement officer whose current
identification as a law enforcement officer shall be
construed as a valid license to carry a firearm or any person
who possesses a valid license to carry a firearm under
section 6109 (relating to licenses).
(4) (i) The provisions of subsection (a) shall not
apply to any person who presents to the seller or
transferor a written statement issued by the official
described in subparagraph (iii) during the ten-day period
ending on the date of the most recent proposal of such
transfer or sale by the transferee or purchaser stating
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that the transferee or purchaser requires access to a
firearm because of a threat to the life of the transferee
or purchaser or any member of the household of that
transferee or purchaser.
(ii) The issuing official shall notify the
applicant's local police authority that such a statement
has been issued. In counties of the first class the chief
of police shall notify the police station or substation
closest to the applicant's residence.
(iii) The statement issued under subparagraph (ii)
shall be issued by the district attorney, or his
designee, of the county of residence if the transferee or
purchaser resides in a municipality where there is no
chief of police. Otherwise, the statement shall be issued
by the chief of police in the municipality in which the
purchaser or transferee resides.
(g) Penalties.--
(1) Any person, licensed dealer, licensed manufacturer
or licensed importer who knowingly or intentionally sells,
delivers or transfers a firearm in violation of this section
commits a misdemeanor of the second degree.
(2) Any person, licensed dealer, licensed manufacturer
or licensed importer who knowingly or intentionally sells,
delivers or transfers a firearm under circumstances intended
to provide a firearm to any person, purchaser or transferee
who is unqualified or ineligible to control, possess or use a
firearm under this chapter commits a felony of the third
degree and shall in addition be subject to revocation of the
license to sell firearms for a period of three years.
(3) Any person, licensed dealer, licensed manufacturer
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or licensed importer who knowingly and intentionally requests
a criminal history, juvenile delinquency or mental health
record check or other confidential information from the
Pennsylvania State Police under this chapter for any purpose
other than compliance with this chapter or knowingly and
intentionally disseminates any criminal history, juvenile
delinquency or mental health record or other confidential
information to any person other than the subject of the
information commits a felony of the third degree.
(3.1) Any person, licensed dealer, licensed manufacturer
or licensed importer who knowingly and intentionally obtains
or furnishes information collected or maintained pursuant to
section 6109 for any purpose other than compliance with this
chapter or who knowingly or intentionally disseminates,
publishes or otherwise makes available such information to
any person other than the subject of the information commits
a felony of the third degree.
(4) Any person, purchaser or transferee commits a felony
of the third degree if, in connection with the purchase,
delivery or transfer of a firearm under this chapter, he
knowingly and intentionally:
(i) makes any materially false oral statement;
(ii) makes any materially false written statement,
including a statement on any form promulgated by Federal
or State agencies; or
(iii) willfully furnishes or exhibits any false
identification intended or likely to deceive the seller,
licensed dealer or licensed manufacturer.
(5) Notwithstanding section 306 (relating to liability
for conduct of another; complicity) or any other statute to
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the contrary, any person, licensed importer, licensed dealer
or licensed manufacturer who knowingly and intentionally
sells, delivers or transfers a firearm in violation of this
chapter who has reason to believe that the firearm is
intended to be used in the commission of a crime or attempt
to commit a crime shall be criminally liable for such crime
or attempted crime.
(6) Notwithstanding any act or statute to the contrary,
any person, licensed importer, licensed manufacturer or
licensed dealer who knowingly and intentionally sells or
delivers a firearm in violation of this chapter who has
reason to believe that the firearm is intended to be used in
the commission of a crime or attempt to commit a crime shall
be liable in the amount of the civil judgment for injuries
suffered by any person so injured by such crime or attempted
crime.
(h) Subsequent violation penalty.--
(1) A second or subsequent violation of this section
shall be a felony of the second degree. A person who at the
time of sentencing has been convicted of another offense
under this section shall be sentenced to a mandatory minimum
sentence of imprisonment of five years. A second or
subsequent offense shall also result in permanent revocation
of any license to sell, import or manufacture a firearm.
(2) Notice of the applicability of this subsection to
the defendant and reasonable notice of the Commonwealth's
intention to proceed under this section shall be provided
prior to trial. The applicability of this section shall be
determined at sentencing. The court shall consider evidence
presented at trial, shall afford the Commonwealth and the
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defendant an opportunity to present necessary additional
evidence and shall determine by a preponderance of the
evidence if this section is applicable.
(3) There shall be no authority for a court to impose on
a defendant to which this subsection is applicable a lesser
sentence than provided for in paragraph (1), to place the
defendant on probation or to suspend sentence. Nothing in
this section shall prevent the sentencing court from imposing
a sentence greater than that provided in this section.
Sentencing guidelines promulgated by the Pennsylvania
Commission on Sentencing shall not supersede the mandatory
sentences provided in this section.
(4) If a sentencing court refuses to apply this
subsection where applicable, the Commonwealth shall have the
right to appellate review of the action of the sentencing
court. The appellate court shall vacate the sentence and
remand the case to the sentencing court for imposition of a
sentence in accordance with this section if it finds that the
sentence was imposed in violation of this subsection.
(5) For the purposes of this subsection, a person shall
be deemed to have been convicted of another offense under
this section whether or not judgment of sentence has been
imposed for that violation.
(i) Confidentiality.--All information provided by the
potential purchaser, transferee or applicant, including, but not
limited to, the potential purchaser, transferee or applicant's
name or identity, furnished by a potential purchaser or
transferee under this section or any applicant for a license to
carry a firearm as provided by section 6109 shall be
confidential and not subject to public disclosure. In addition
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to any other sanction or penalty imposed by this chapter, any
person, licensed dealer, State or local governmental agency or
department that violates this subsection shall be liable in
civil damages in the amount of $1,000 per occurrence or three
times the actual damages incurred as a result of the violation,
whichever is greater, as well as reasonable attorney fees.
(j) Exemption.--
(1) The provisions of subsections (a) and (b) shall not
apply to:
(i) sales between Federal firearms licensees; or
(ii) the purchase of firearms by a chief law
enforcement officer or his designee, for the official use
of law enforcement officers.
(2) For the purposes of this subsection, the term "chief
law enforcement officer" shall include the Commissioner of
the Pennsylvania State Police, the chief or head of a police
department, a county sheriff or any equivalent law
enforcement official.
§ 6111.1. Pennsylvania State Police.
(a) Administration.--The Pennsylvania State Police shall
have the responsibility to administer the provisions of this
chapter.
(b) Duty of Pennsylvania State Police.--
(1) Upon receipt of a request for a criminal history,
juvenile delinquency history and mental health record check
of the potential purchaser or transferee, the Pennsylvania
State Police shall immediately during the licensee's call or
by return call forthwith:
(i) review the Pennsylvania State Police criminal
history and fingerprint records to determine if the
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potential purchaser or transferee is prohibited from
receipt or possession of a firearm under Federal or State
law;
(ii) review the juvenile delinquency and mental
health records of the Pennsylvania State Police to
determine whether the potential purchaser or transferee
is prohibited from receipt or possession of a firearm
under Federal or State law; and
(iii) inform the licensee making the inquiry either:
(A) that the potential purchase or transfer is
prohibited; or
(B) provide the licensee with a unique approval
number.
(2) In the event of electronic failure, scheduled
computer downtime or similar event beyond the control of the
Pennsylvania State Police, the Pennsylvania State Police
shall immediately notify the requesting licensee of the
reason for and estimated length of the delay. If the failure
or event lasts for a period exceeding 48 hours, the dealer
shall not be subject to any penalty for completing a
transaction absent the completion of an instantaneous records
check for the remainder of the failure or similar event, but
the dealer shall obtain a completed application/record of
sale following the provisions of section 6111(b)(1) and (1.1)
(relating to sale or transfer of firearms) as if an
instantaneous records check has not been established for any
sale or transfer of a firearm for the purpose of a subsequent
background check.
(3) The Pennsylvania State Police shall fully comply,
execute and enforce the directives of this section as
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follows:
(i) The instantaneous background check for firearms
as defined in section 6102 (relating to definitions)
shall begin on July 1, 1998.
(ii) The instantaneous background check for firearms
that exceed the barrel lengths set forth in section 6102
shall begin on the later of:
(A) the date of publication of the notice under
section 6111(a)(2); or
(B) December 31, 1998.
(4) The Pennsylvania State Police and any local law
enforcement agency shall make all reasonable efforts to
determine the lawful owner of any firearm confiscated or
recovered by the Pennsylvania State Police or any local law
enforcement agency and return said firearm to its lawful
owner if the owner is not otherwise prohibited from
possessing the firearm. When a court of law has determined
that the Pennsylvania State Police or any local law
enforcement agency have failed to exercise the duty under
this subsection, reasonable attorney fees shall be awarded to
any lawful owner of said firearm who has sought judicial
enforcement of this subsection.
(c) Establish a telephone number.--The Pennsylvania State
Police shall establish a telephone number which shall be
operational seven days a week between the hours of 8 a.m. and 10
p.m. local time for purposes of responding to inquiries as
described in this section from licensed manufacturers, licensed
importers and licensed dealers. The Pennsylvania State Police
shall employ and train such personnel as are necessary to
administer expeditiously the provisions of this section.
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(d) Distribution.--The Pennsylvania State Police shall
provide, without charge, summaries of uniform firearm laws and
firearm safety brochures pursuant to section 6125 (relating to
distribution of uniform firearm laws and firearm safety
brochures).
(e) Challenge to records.--
(1) Any person who is denied the right to receive, sell,
transfer, possess, carry, manufacture or purchase a firearm
as a result of the procedures established by this section may
challenge the accuracy of that person's criminal history,
juvenile delinquency history or mental health record pursuant
to a denial by the instantaneous records check by submitting
a challenge to the Pennsylvania State Police within 30 days
from the date of the denial.
(2) The Pennsylvania State Police shall conduct a review
of the accuracy of the information forming the basis for the
denial and shall have the burden of proving the accuracy of
the record. Within 20 days after receiving a challenge, the
Pennsylvania State Police shall notify the challenger of the
basis for the denial, including, but not limited to, the
jurisdiction and docket number of any relevant court decision
and provide the challenger an opportunity to provide
additional information for the purposes of the review. The
Pennsylvania State Police shall communicate its final
decision to the challenger within 60 days of the receipt of
the challenge. The decision of the Pennsylvania State Police
shall include all information which formed a basis for the
decision.
(3) If the challenge is ruled invalid, the person shall
have the right to appeal the decision to the Attorney General
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within 30 days of the decision. The Attorney General shall
conduct a hearing de novo in accordance with the
Administrative Agency Law. The burden of proof shall be upon
the Commonwealth.
(4) The decision of the Attorney General may be appealed
to the Commonwealth Court by an aggrieved party.
(f) Notification of mental health adjudication, treatment,
commitment, drug use or addiction.--
(1) Notwithstanding any statute to the contrary, judges
of the courts of common pleas shall notify the Pennsylvania
State Police, on a form developed by the Pennsylvania State
Police, of:
(i) the identity of any individual who has been
adjudicated as an incompetent or as a mental defective or
who has been involuntarily committed to a mental
institution under the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act, or
who has been involuntarily treated as described in
section 6105(c)(4) (relating to persons not to possess,
use, manufacture, control, sell or transfer firearms) or
as described in 18 U.S.C. § 922(g)(4) (relating to
unlawful acts) and its implementing Federal regulations;
and
(ii) any finding of fact or court order related to
any person described in 18 U.S.C. § 922(g)(3).
(2) The notification shall be transmitted by the judge
to the Pennsylvania State Police within seven days of the
adjudication, commitment or treatment.
(3) Notwithstanding any law to the contrary, the
Pennsylvania State Police may disclose, electronically or
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otherwise, to the United States Attorney General or a
designee, any record relevant to a determination of whether a
person is disqualified from possessing or receiving a firearm
under 18 U.S.C. § 922 (g)(3) or (4) or an applicable state
statute.
(g) Review by court.--
(1) Upon receipt of a copy of the order of a court of
competent jurisdiction which vacates a final order or an
involuntary certification issued by a mental health review
officer, the Pennsylvania State Police shall expunge all
records of the involuntary treatment received under
subsection (f).
(2) A person who is involuntarily committed pursuant to
section 302 of the Mental Health Procedures Act may petition
the court to review the sufficiency of the evidence upon
which the commitment was based. If the court determines that
the evidence upon which the involuntary commitment was based
was insufficient, the court shall order that the record of
the commitment submitted to the Pennsylvania State Police be
expunged. A petition filed under this subsection shall toll
the 60-day period set forth under section 6105(a)(2).
(3) The Pennsylvania State Police shall expunge all
records of an involuntary commitment of an individual who is
discharged from a mental health facility based upon the
initial review by the physician occurring within two hours of
arrival under section 302(b) of the Mental Health Procedures
Act and the physician's determination that no severe mental
disability existed pursuant to section 302(b) of the Mental
Health Procedures Act. The physician shall provide signed
confirmation of the determination of the lack of severe
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mental disability following the initial examination under
section 302(b) of the Mental Health Procedures Act to the
Pennsylvania State Police.
(h) Juvenile registry.--
(1) The contents of law enforcement records and files
compiled under 42 Pa.C.S. § 6308 (relating to law enforcement
records) concerning a child shall not be disclosed to the
public except if the child is 14 years of age or older at the
time of the alleged conduct and if any of the following
apply:
(i) The child has been adjudicated delinquent by a
court as a result of an act or acts which constitute any
offense enumerated in section 6105.
(ii) A petition alleging delinquency has been filed
by a law enforcement agency alleging that the child has
committed an act or acts which constitute an offense
enumerated in section 6105 and the child previously has
been adjudicated delinquent by a court as a result of an
act or acts which included the elements of one of such
crimes.
(2) Notwithstanding any provision of this subsection,
the contents of law enforcement records and files concerning
any child adjudicated delinquent for the commission of any
criminal activity described in paragraph (1) shall be
recorded in the registry of the Pennsylvania State Police for
the limited purposes of this chapter.
(i) Reports.--The Pennsylvania State Police shall annually
compile and report to the General Assembly, on or before
December 31, the following information for the previous year:
(1) number of firearm sales, including the types of
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firearms;
(2) number of applications for sale of firearms denied,
number of challenges of the denials and number of final
reversals of initial denials;
(3) summary of the Pennsylvania State Police's
activities, including the average time taken to complete a
criminal history, juvenile delinquency history or mental
health record check; and
(4) uniform crime reporting statistics compiled by the
Pennsylvania State Police based on the National Incident-
based Reporting System.
(j) Other criminal information.--The Pennsylvania State
Police shall be authorized to obtain any crime statistics
necessary for the purposes of this chapter from any local law
enforcement agency.
(j.1) Delinquency and mental health records.--The provisions
of this section which relate to juvenile delinquency and mental
health records checks shall be applicable when the data has been
made available to the Pennsylvania State Police but not later
than October 11, 1999.
(j.2) Records check.--The provisions of this section which
relate to the instantaneous records check conducted by telephone
shall be applicable 30 days following notice by the Pennsylvania
State Police pursuant to section 6111(a)(2).
(j.3) Immunity.--The Pennsylvania State Police and its
employees shall be immune from actions for damages for the use
of a firearm by a purchaser or for the unlawful transfer of a
firearm by a dealer unless the act of the Pennsylvania State
Police or its employees constitutes a crime, actual fraud,
actual malice or willful misconduct.
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(k) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Firearm." The term shall have the same meaning as in
section 6111.2 (relating to firearm sales surcharge).
"Physician." Any licensed psychiatrist or clinical
psychologist as defined in the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act.
§ 6111.2. Firearm sales surcharge.
(a) Surcharge imposed.--There is hereby imposed on each sale
of a firearm subject to tax under Article II of the act of March
4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, an
additional surcharge of $3. This shall be referred to as the
Firearm Sale Surcharge. All moneys received from this surcharge
shall be deposited in the Firearm Instant Records Check Fund.
(b) Increases or decreases.--Five years from the effective
date of this subsection, and every five years thereafter, the
Pennsylvania State Police shall provide such information as
necessary to the Legislative Budget and Finance Committee for
the purpose of reviewing the need to increase or decrease the
instant check fee. The committee shall issue a report of its
findings and recommendations to the General Assembly for a
statutory change in the fee.
(c) Revenue sources.--Funds received under the provisions of
this section and section 6111(b)(3) (relating to sale or
transfer of firearms), as estimated and certified by the
Secretary of Revenue, shall be deposited within five days of the
end of each quarter into the fund.
(d) Definition.--As used in this section only, the term
"firearm" shall mean any weapon which is designed to or may
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readily be converted to expel any projectile by the action of an
explosion or the frame or receiver of any such weapon.
§ 6111.3. Firearm Records Check Fund.
(a) Establishment.--The Firearm Records Check Fund is hereby
established as a restricted account in the State Treasury,
separate and apart from all other public money or funds of the
Commonwealth, to be appropriated annually by the General
Assembly, for use in carrying out the provisions of section 6111
(relating to firearm ownership). The moneys in the fund on June
1, 1998, are hereby appropriated to the Pennsylvania State
Police.
(b) Source.--The source of the fund shall be moneys
collected and transferred under section 6111.2 (relating to
firearm sales surcharge) and moneys collected and transferred
under section 6111(b)(3).
§ 6111.4. Registration of firearms.
Notwithstanding any section of this chapter to the contrary,
nothing in this chapter shall be construed to allow any
government or law enforcement agency or any agent thereof to
create, maintain or operate any registry of firearm ownership
within this Commonwealth. For the purposes of this section only,
the term "firearm" shall include any weapon that is designed to
or may readily be converted to expel any projectile by the
action of an explosive or the frame or receiver of any such
weapon.
§ 6111.5. Rules and regulations.
The Pennsylvania State Police shall in the manner provided by
law promulgate the rules and regulations necessary to carry out
this chapter, including regulations to ensure the identity,
confidentiality and security of all records and data provided
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pursuant hereto.
§ 6112. Retail dealer required to be licensed.
No retail dealer shall sell, or otherwise transfer or expose
for sale or transfer, or have in his possession with intent to
sell or transfer, any firearm as defined in section 6113(d)
(relating to licensing of dealers) without being licensed as
provided in this chapter.
§ 6113. Licensing of dealers.
(a) General rule.--The chief or head of any police force or
police department of a city, and, elsewhere, the sheriff of the
county, shall grant to reputable applicants licenses, in form
prescribed by the Pennsylvania State Police, effective for three
years from date of issue, permitting the licensee to sell
firearms direct to the consumer, subject to the following
conditions in addition to those specified in section 6111
(relating to sale or transfer of firearms), for breach of any of
which the license shall be forfeited and the licensee subject to
punishment as provided in this subchapter:
(1) The business shall be carried on only upon the
premises designated in the license or at a lawful gun show or
meet.
(2) The license, or a copy thereof, certified by the
issuing authority, shall be displayed on the premises where
it can easily be read.
(3) No firearm shall be sold in violation of any
provision of this subchapter.
(4) No firearm shall be sold under any circumstances
unless the purchaser is personally known to the seller or
shall present clear evidence of the purchaser's identity.
(5) A true record in triplicate shall be made of every
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firearm sold, in a book kept for the purpose, the form of
which may be prescribed by the Pennsylvania State Police, and
shall be personally signed by the purchaser and by the person
effecting the sale, each in the presence of the other, and
shall contain the information required by section 6111. The
record shall be maintained by the licensee for a period of 20
years.
(6) No firearm as defined in section 6102 (relating to
definitions) shall be displayed in any part of any premises
where it can readily be seen from the outside. In the event
that the Commissioner of the Pennsylvania State Police shall
find a clear and present danger to public safety within this
Commonwealth or any area thereof, firearms shall be stored
and safeguarded pursuant to regulations to be established by
the Pennsylvania State Police by the licensee during the
hours when the licensee is closed for business.
(7) The dealer shall possess all applicable current
revenue licenses.
(b) Fee.--The fee for issuing said license shall be $30,
which fee shall be paid into the county treasury.
(c) Revocation.--Any license granted under subsection (a) of
this section may be revoked for cause by the person issuing the
same, upon written notice to the holder thereof.
(d) Definitions.--For the purposes of this section and
section 6112 (relating to retail dealer required to be licensed)
only unless otherwise specifically provided, the term "firearm"
shall include any weapon that is designed to or may readily be
converted to expel any projectile by the action of an explosive
or the frame or receiver of any such weapon.
§ 6114. Judicial review.
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The action of the chief of police, sheriff, county treasurer
or other officer under this subchapter shall be subject to
judicial review in the manner and within the time provided by 2
Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local
agency action). A judgment sustaining a refusal to grant a
license shall not bar, after one year, a new application; nor
shall a judgment in favor of the petitioner prevent the
defendant from thereafter revoking or refusing to renew such
license for any proper cause which may thereafter occur. The
court shall have full power to dispose of all costs.
§ 6115. Loans on, or lending or giving firearms prohibited.
(a) Offense defined.--No person shall make any loan secured
by mortgage, deposit or pledge of a firearm, nor, except as
provided in subsection (b), shall any person lend or give a
firearm to another or otherwise deliver a firearm contrary to
the provisions of this subchapter.
(b) Exception.--
(1) Subsection (a) shall not apply if any of the
following apply:
(i) The person who receives the firearm is licensed
to carry a firearm under section 6109 (relating to
licenses).
(ii) The person who receives the firearm is exempt
from licensing.
(iii) The person who receives the firearm is engaged
in a hunter safety program certified by the Pennsylvania
Game Commission or a firearm training program or
competition sanctioned or approved by the National Rifle
Association.
(iv) The person who receives the firearm meets all
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of the following:
(A) Is under 18 years of age.
(B) Pursuant to section 6110.1 (relating to
possession of firearm by minor) is under the
supervision, guidance and instruction of a
responsible individual who:
(I) is 21 years of age or older; and
(II) is not prohibited from owning or
possessing a firearm under section 6105 (relating
to persons not to possess, use, manufacture,
control, sell or transfer firearms).
(v) The person who receives the firearm is lawfully
hunting or trapping and is in compliance with the
provisions of Title 34 (relating to game).
(vi) A bank or other chartered lending institution
is able to adequately secure firearms in its possession.
(2) Nothing in this section shall be construed to
prohibit the transfer of a firearm under 20 Pa.C.S. Ch. 21
(relating to intestate succession) or by bequest if the
individual receiving the firearm is not precluded from owning
or possessing a firearm under section 6105.
(3) Nothing in this section shall be construed to
prohibit the loaning or giving of a firearm to another in
one's dwelling or place of business if the firearm is
retained within the dwelling or place of business.
(4) Nothing in this section shall prohibit the
relinquishment of firearms to a third party in accordance
with 23 Pa.C.S. § 6108.3 (relating to relinquishment to third
party for safekeeping).
§ 6116. False evidence of identity.
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In addition to any other penalty provided in this chapter,
the furnishing of false information or offering false evidence
of identity is a violation of section 4904 (relating to unsworn
falsification to authorities).
§ 6117. Altering or obliterating marks of identification.
(a) Offense defined.--No person shall change, alter, remove,
or obliterate the manufacturer's number integral to the frame or
receiver of any firearm which shall have the same meaning as
provided in section 6105 (relating to persons not to possess,
use, manufacture, control, sell or transfer firearms).
(c) Penalty.--A violation of this section constitutes a
felony of the second degree.
§ 6118. Antique firearms.
(a) General rule.--This subchapter shall not apply to
antique firearms.
(b) Exception.--Subsection (a) shall not apply to the extent
that such antique firearms, reproductions or replicas of
firearms are concealed weapons as provided in section 6106
(relating to firearms not be carried without a license), nor
shall it apply to the provisions of section 6105 (relating to
persons not to possess, use, manufacture, control, sell or
transfer firearms) if such antique firearms, reproductions or
replicas of firearms are suitable for use.
(c) Definition.--As used in this section, the term "antique
firearm" means:
(1) Any firearm with a matchlock, flintlock or
percussion cap type of ignition system.
(2) Any firearm manufactured on or before 1898.
(3) Any replica of any firearm described in paragraph
(2) if such replica:
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(i) is not designed or redesigned for using rimfire
or conventional center fire fixed ammunition; or
(ii) uses rimfire or conventional center fire fixed
ammunition which is no longer manufactured in the United
States and which is not readily available in the ordinary
channels of commercial trade.
§ 6119. Violation penalty.
Except as otherwise specifically provided, an offense under
this subchapter constitutes a misdemeanor of the first degree.
§ 6120. Limitation on the regulation of firearms and
ammunition.
(a) General rule.--No county, municipality or township may
in any manner regulate the lawful ownership, possession,
transfer or transportation of firearms, ammunition or ammunition
components when carried or transported for purposes not
prohibited by the laws of this Commonwealth.
(a.1) No right of action.--
(1) No political subdivision may bring or maintain an
action at law or in equity against any firearms or ammunition
manufacturer, trade association or dealer for damages,
abatement, injunctive relief or any other relief or remedy
resulting from or relating to either the lawful design or
manufacture of firearms or ammunition or the lawful marketing
or sale of firearms or ammunition to the public.
(2) Nothing in this subsection shall be construed to
prohibit a political subdivision from bringing or maintaining
an action against a firearms or ammunition manufacturer or
dealer for breach of contract or warranty as to firearms or
ammunition purchased by the political subdivision.
(a.2) Relief.--A person adversely affected by an ordinance,
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a resolution, regulation, rule, practice or any other action
promulgated or enforced by a county, municipality or township
prohibited under subsection (a) or 53 Pa.C.S. § 2962(g)
(relating to limitation on municipal powers) may seek
declaratory or injunctive relief and actual damages in an
appropriate court.
(a.3) Reasonable expenses.--A court shall award reasonable
expenses to a person adversely affected in an action under
subsection (a.2) for any of the following:
(1) A final determination by the court is granted in
favor of the person adversely affected.
(2) The regulation in question is rescinded, repealed or
otherwise abrogated after suit has been filed under
subsection (a.2) but before the final determination by the
court.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Dealer." The term shall include any person engaged in the
business of selling at wholesale or retail a firearm or
ammunition.
"Firearms." This term shall have the meaning given to it in
section 5515 (relating to prohibiting of paramilitary training)
but shall not include air rifles as that term is defined in
section 6304 (relating to sale and use of air rifles).
"Person adversely affected." Any of the following:
(1) A resident of this Commonwealth who may legally
possess a firearm under Federal and State law.
(2) A person who otherwise has standing under the laws
of this Commonwealth to bring an action under subsection
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(a.2).
(3) A membership organization, in which a member is a
person described under paragraph (1) or (2).
"Political subdivision." The term shall include any home
rule charter municipality, county, city, borough, incorporated
town, township or school district.
"Reasonable expenses." The term includes, but is not limited
to, attorney fees, expert witness fees, court costs and
compensation for loss of income.
§ 6121. Certain bullets prohibited.
(a) Offense defined.--It is unlawful for any person to
possess, use or attempt to use a KTW teflon-coated bullet or
other armor-piercing ammunition while committing or attempting
to commit a crime of violence as defined in section 6102
(relating to definitions).
(b) Grading.--An offense under this section constitutes a
felony of the third degree.
(c) Sentencing.--Any person who is convicted in any court of
this Commonwealth of a crime of violence and who uses or
carries, in the commission of that crime, a firearm loaded with
KTW ammunition or any person who violates this section shall, in
addition to the punishment provided for the commission of the
crime, be sentenced to a term of imprisonment for not less than
five years. Notwithstanding any other provision of law, the
court shall not suspend the sentence of any person convicted of
a crime subject to this subsection nor place him on probation
nor shall the term of imprisonment run concurrently with any
other term of imprisonment including that imposed for the crime
in which the KTW ammunition was being used or carried. No person
sentenced under this subsection shall be eligible for parole.
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(d) Definition.--As used in this section the term "armor-
piercing ammunition" means ammunition which, when or if fired
from any firearm as defined in section 6102 that is used or
attempted to be used in violation of subsection (a) under the
test procedure of the National Institute of Law Enforcement and
Criminal Justice Standard for the Ballistics Resistance of
Police Body Armor promulgated December 1978, is determined to be
capable of penetrating bullet-resistant apparel or body armor
meeting the requirements of Type IIA of Standard NILECJ-STD-
0101.01 as formulated by the United States Department of Justice
and published in December of 1978.
§ 6122. Proof of license and exception.
(a) General rule.--When carrying a firearm concealed on or
about one's person or in a vehicle, an individual licensed to
carry a firearm shall, upon lawful demand of a law enforcement
officer, produce the license for inspection. Failure to produce
such license either at the time of arrest or at the preliminary
hearing shall create a rebuttable presumption of nonlicensure.
(b) Exception.--An individual carrying a firearm on or about
his person or in a vehicle and claiming an exception under
section 6106(b) (relating to firearms not to be carried without
a license) shall, upon lawful demand of a law enforcement
officer, produce satisfactory evidence of qualification for
exception.
§ 6123. Waiver of disability or pardons.
A waiver of disability from Federal authorities as provided
for in 18 U.S.C. § 925 (relating to exceptions; relief from
disabilities), a full pardon from the Governor or an overturning
of a conviction shall remove any corresponding disability under
this subchapter except the disability under section 6105
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(relating to persons not to possess, use, manufacture, control,
sell or transfer firearms).
§ 6124. Administrative regulations.
The commissioner may establish form specifications and
regulations, consistent with section 6109(c) (relating to
licenses), with respect to uniform forms control, including the
following:
(1) License to carry firearms.
(2) Firearm registration.
(3) Dealer's license.
(4) Application for purchase of a firearm.
(5) Record of sale of firearms.
§ 6125. Distribution of uniform firearm laws and firearm safety
brochures.
It shall be the duty of the Pennsylvania State Police
beginning January 1, 1996, to distribute to every licensed
firearm dealer in this Commonwealth firearms safety brochures at
no cost to the dealer. The brochures shall be written by the
Pennsylvania State Police, with the cooperation of the
Pennsylvania Game Commission, and shall include a summary of the
major provisions of this subchapter, including, but not limited
to, the duties of the sellers and purchasers and the transferees
of firearms. The brochure or a copy thereof shall be provided
without charge to each purchaser.
§ 6127. Firearm tracing.
(a) Illegal possession.--Upon confiscating or recovering a
firearm from the possession of anyone who is not permitted by
Federal or State law to possess a firearm, a local law
enforcement agency shall use the best available information,
including a firearms trace where necessary, to determine how and
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from where the person gained possession of the firearm.
(b) Tracing.--Local law enforcement shall use the National
Tracing Center of the Federal Bureau of Alcohol, Tobacco,
Firearms and Explosives in complying with subsection (a).
(c) Notification.--Local law enforcement agencies shall
advise the Pennsylvania State Police of all firearms that are
recovered in accordance with this section.
SUBCHAPTER B
FIREARMS GENERALLY
Sec.
6141.1. Purchase of rifles and shotguns outside this
Commonwealth.
6142. Locking device for firearms.
§ 6141.1. Purchase of rifles and shotguns outside this
Commonwealth.
Nothing in this chapter shall be construed to prohibit a
person in this Commonwealth who may lawfully purchase, possess,
use, control, sell, transfer or manufacture a firearm which
exceeds the barrel and related lengths set forth in section 6102
(relating to definitions) from lawfully purchasing or otherwise
obtaining such a firearm in a jurisdiction outside this
Commonwealth.
§ 6142. Locking device for firearms.
(a) Offense defined.--It shall be unlawful for any licensee
to sell, deliver or transfer any firearm as defined in section
6102 (relating to definitions), other than an antique firearm as
defined in section 6118 (relating to antique firearms), to any
other person, other than another licensee, unless the transferee
is provided with or purchases a locking device for that firearm
or the design of the firearm incorporates a locking device.
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(b) Exceptions.--Firearms for transfer to or possession by
any law enforcement officer employed by any Federal, State or
local government entity or rail police employed and certified by
a rail carrier as a police officer are not subject to the
provisions of this section.
(c) Penalties.--A violation of the provisions of this
section shall be a summary offense.
(d) Good faith compliance.--A licensee who in good faith
complies with this section shall not be civilly liable as a
result of such compliance with this section, except for any acts
or omissions intentionally designed to harm or for grossly
negligent acts or omissions which result in harm.
(e) Admissibility of evidence.--A transferee's purchase or
receipt of a locking device in conjunction with the purchase of
a firearm pursuant to this section shall not be admissible as
evidence in any civil action brought against the transferee.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Licensee." Any licensed manufacturer, importer or dealer of
firearms.
"Locking device." Either of the following:
(1) a device that, when installed on a firearm, is
designed to prevent the firearm from being operated without
first deactivating the device; or
(2) a device that is incorporated into the design of a
firearm and that is designed to prevent the operation of the
firearm by anyone not having access to the device.
SUBCHAPTER C
OTHER DANGEROUS ARTICLES
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Sec.
6161. Carrying explosives on conveyances.
6162. Shipping explosives.
§ 6161. Carrying explosives on conveyances.
(a) Offense defined.--A person is guilty of a misdemeanor of
the second degree if he enters into or upon any railroad train,
locomotive, tender or car thereof, or into or upon any
automobile or other conveyance used for the carrying of freight
or passengers, having in his custody or about his person any
nitroglycerine or other explosive, other than as freight
regularly shipped as such.
(b) Powers of crew.--The conductor or person having charge
and control of any railroad train, coach, or other conveyance
for the carriage of freight or passengers, may arrest any person
found violating the provisions of this section and detain such
person until reaching some place, where such person may be
delivered to a constable or other police authority.
(c) Venue.--It shall be lawful to prosecute such offenders
in any county through which said public conveyance passes,
without reference to the place where such offenders were
arrested.
§ 6162. Shipping explosives.
(a) Offense defined.--A person is guilty of a misdemeanor of
the third degree if he knowingly delivers, or causes to be
delivered to any transportation company, or to any person
engaged in the business of transportation, any explosive
material adapted for blasting, or for any other purpose for
which such articles may be used, under any false or deceptive
invoice or description, or without informing the carrier at or
before the time when such delivery is made, of the true nature
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of the same, and without having the keg, barrel, can or package
containing the same plainly marked with the name of the
explosive material therein contained, together with the word
"dangerous."
(b) Damages.--Any person convicted of an offense under this
section shall, in addition to any other penalty, be responsible
for all damages to persons or property directly or indirectly
resulting from the explosion of any such article.
(c) Opening of suspected containers.--Any person engaged in
the business of transportation, upon affidavit made of the fact
that any container tendered for transportation, not in
compliance with the provisions of this section is believed to
contain explosive material, may require such container to be
opened, and refuse to receive any such container unless such
requirement is complied with.
(d) Disposition of explosives.--If such container is opened
and found to contain any explosive material, the container and
its contents shall be forthwith removed to any lawful place for
the storing of explosives. After conviction of the offender, or
after three months from such removal, the container, with its
contents, shall be sold at public sale, after the expiration of
ten days from notice of the time and place of such sale,
published in one newspaper in the county where such seizure
shall have been made. The proceeds of such sale, after deducting
therefrom the expenses of removal, storage, advertisement and
sale, shall be paid into the treasury of the county.
SUBCHAPTER D
STRAW PURCHASE PREVENTION
EDUCATION PROGRAM
Sec.
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§ 6181. Scope of subchapter.
§ 6182. Legislative findings and declarations.
§ 6183. Definitions.
§ 6184. Straw Purchase Prevention Education Program.
§ 6185. Powers and duties of Attorney General.
§ 6186. Straw Purchase Prevention Education Fund.
§ 6187. Transfer for initial funding.
§ 6181. Scope of subchapter.
This subchapter provides for the establishment of the Straw
Purchase Prevention Education Program within the Office of
Attorney General.
§ 6182. Legislative findings and declarations.
The General Assembly finds and declares that:
(1) The illegal purchase of firearms throughout this
Commonwealth is a threat to public safety and security.
(2) Urban areas are experiencing increased violence as a
result of criminal misuse of firearms. Stemming the flow of
these illegal firearms through straw purchases will help to
curb the crime rate throughout this Commonwealth and increase
public safety.
(3) Educating the public that illegally purchasing a
firearm for someone otherwise prohibited from possessing one
is a serious crime and punishable under Federal law by ten
years' imprisonment advances public safety.
(4) Committed to educating firearms dealers and the
general public, the National Shooting Sports Foundation, in
partnership with the Bureau of Alcohol, Tobacco, Firearms and
Explosives, in July 2000 created the "Don't Lie for the Other
Guy Program."
(5) The "Don't Lie for the Other Guy Program" was
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developed to raise public awareness that it is a serious
crime to purchase a firearm for someone who cannot legally do
so and to educate firearms dealers on how to better detect
and deter potential straw purchases. The campaign delivers
the message that anyone attempting an illegal firearm
purchase faces a stiff Federal penalty.
(6) The "Don't Lie for the Other Guy Program" is vital
to educating federally licensed firearms dealers and their
employees on how to recognize and deter the illegal purchase
of firearms through straw purchases. This program is an
important tool for the Bureau of Alcohol, Tobacco, Firearms
and Explosives to pursue its mission of preventing terrorism,
reducing violent crime and protecting the public.
(7) The nationally recognized "Don't Lie for the Other
Guy Program" has been endorsed by United States attorneys
throughout the nation, various law enforcement agencies, the
Bureau of Alcohol, Tobacco, Firearms and Explosives and the
Department of Justice.
(8) It is in the best interest of this Commonwealth to
establish a straw purchase prevention education program
within the Office of Attorney General to provide resources
and direct grant money to the "Don't Lie for the Other Guy
Program" and similar programs that offer straw purchase
prevention education.
§ 6183. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Fund." The Straw Purchase Prevention Education Fund
established in section 6186 (relating to Straw Purchase
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Prevention Education Fund).
"Program." The Straw Purchase Prevention Education Program
established in section 6184 (relating to Straw Purchase
Prevention Education Program).
§ 6184. Straw Purchase Prevention Education Program.
(a) Establishment.--The Straw Purchase Prevention Education
Program is established and shall provide resources and direct
grant money to underwrite the cost of implementing an
educational and public service outreach program in the
community.
(b) Outreach.--The educational and public service outreach
program shall inform individuals of the illegal nature of
purchasing a firearm for an individual prohibited from owning
firearms. The outreach program shall be developed by a not-for-
profit organization which:
(1) Is a national trade association representing the
shooting, hunting and firearm industry.
(2) Has a membership consisting of firearm
manufacturers, firearm distributors, firearm retailers,
publishers and sportsmen's organizations.
(3) Has been in existence for at least 45 years prior to
the effective date of this section.
(c) Priority of grants.--Grants shall be prioritized based
on the highest incidence of firearm violence in a county of this
Commonwealth.
§ 6185. Powers and duties of Attorney General.
In addition to any other powers and duties, the Attorney
General of the Commonwealth shall:
(1) Establish a grant program to provide moneys from the
fund pursuant to section 6184 (relating to Straw Purchase
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Prevention Education Program).
(2) Promulgate rules and regulations to carry out the
provisions of this subchapter.
§ 6186. Straw Purchase Prevention Education Fund.
(a) Establishment.--The Straw Purchase Prevention Education
Fund is hereby established in the State Treasury as a restricted
account. The fund shall consist of funds appropriated by the
General Assembly.
(b) Continuing appropriation.--All moneys in the fund and
the interest accruing thereon are hereby appropriated to the
Office of Attorney General on a continuing basis to carry out
the provisions of this subchapter.
§ 6187. Transfer for initial funding.
The sum of $100,000 is hereby transferred from the General
Fund to the Straw Purchase Prevention Education Fund for
expenditure during the fiscal year July 1, 2009, to June 30,
2010, to carry out the provisions of this subchapter.]
Section 2. Title 18 is amended by adding a chapter to read:
CHAPTER 62
FIREARMS AND OTHER DANGEROUS ARTICLES
Subchapter
A. General Provisions
B. Disqualifications
C. Sales and Background Checks
D. Licensure
E. Safety and Responsibility
F. Straw Purchase Prevention Education Program
G. Violations
SUBCHAPTER A
GENERAL PROVISIONS
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Sec.
6201. Short title.
6202. Definitions.
6203. Administration.
6204. Judicial review.
6205. Forms.
6206. Annual report.
6207. Preservation of constitutional rights.
§ 6201. Short title.
This chapter shall be known and may be cited as the
Pennsylvania Firearms Act.
§ 6202. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Antique firearm."
(1) Subject to paragraph (2), any of the following:
(i) A firearm with a matchlock, flintlock or
percussion cap type of ignition system.
(ii) A firearm manufactured during or before 1898.
(iii) A replica of any firearm described under
paragraph (2) if the replica:
(A) is not designed or redesigned for using
rimfire or conventional center fire fixed ammunition;
or
(B) uses rimfire or conventional center fire
fixed ammunition that is no longer manufactured in
the United States and that is not readily available
in the ordinary channels of commercial trade.
(2) A firearm that would otherwise meet the definition
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under paragraph (1) shall not be considered an antique
firearm for purposes of the following:
(i) Section 6211 (relating to disqualification from
possession or ownership).
(ii) Section 6212 (relating to disqualification
based on protection from abuse order).
(iii) Section 6232 (relating to license to carry) if
the antique firearm is suitable for use.
"Armor-piercing ammunition." As defined in 18 U.S.C. §
921(a)(17) (relating to definitions).
"Barrel length." The measurement of a firearm determined by
measuring from the muzzle of the barrel to the face of the
closed action, bolt or cylinder, whichever is applicable.
"Commissioner." The Commissioner of Pennsylvania State
Police.
"Commonwealth Photo Imaging Network." The computer network
administered by the Commonwealth and used to record and store
digital photographs of an individual's face and any scars,
marks, tattoos or other unique features of the individual.
"Conviction." A conviction, a finding of guilty or the
entering of a plea of guilty or nolo contendere, whether or not
judgment of sentence has been imposed, as determined by the law
of the jurisdiction in which the prosecution was held. The term
excludes a conviction that has been expunged or overturned or
for which an individual has been pardoned unless the pardon
expressly provides that the individual may not possess or
transport a firearm.
"County treasurer." The county treasurer or, in a home rule
or optional plan county, the individual whose duties encompass
those of a county treasurer.
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"Crime punishable by imprisonment exceeding one year." The
term excludes Federal or State offenses pertaining to antitrust,
unfair trade practices, restraints on trade or regulation of
business.
"Dealer" or "licensed dealer." Any of the following:
(1) A person licensed under this chapter.
(2) A person engaged in the business of selling firearms
at wholesale or retail. For purposes of this paragraph, the
phrase "engaged in the business" means devoting time,
attention and labor to:
(i) manufacturing firearms or ammunition as a
regular course of trade or business with the principal
objective of livelihood and profit through the sale or
distribution of the firearms or ammunition manufactured;
(ii) dealing in firearms through the repetitive
purchase and resale of firearms, but not regarding
occasional sales, exchanges or purchases of firearms for
the enhancement of a personal collection or for a hobby
or regarding the sale of all or part of the person's
personal collection of firearms; or
(iii) importing firearms or ammunition as a regular
course of trade or business with the principal objective
of livelihood and profit through the sale or distribution
of the firearms or ammunition imported.
(3) A person engaged in the business of repairing
firearms or of making or fitting special barrels, stocks or
trigger mechanisms to firearms. For purposes of this
paragraph, the phrase "engaged in the business" means
devoting time, attention and labor to engaging in the
activity as a regular course of trade or business with the
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principal objective of livelihood and profit, but not
regarding the occasional repair of firearms or the occasional
fitting of special barrels, stocks or trigger mechanisms to
firearms.
(4) A pawnbroker. For purposes of this paragraph, the
term "pawnbroker" means a person whose business or occupation
includes the taking or receiving, by way of pledge or pawn,
of a firearm as security for the payment or repayment of
money.
(5) Except as otherwise provided in paragraph (2)(ii), a
person who sells or trades firearms at a gun show or event.
For purposes of this paragraph, the term "gun show" shall be
as defined in 27 CFR § 178.100(b) (relating to conduct of
business away from licensed premises).
For purposes of this definition, the phrase "with the principal
objective of livelihood and profit" shall mean that the intent
underlying the sale or disposition is predominantly one of
pecuniary gain, as opposed to other intents, such as improving
or liquidating a personal firearms collection.
"Disability." An individual's disqualification from the
ownership, possession or control of a firearm.
"Firearm." Either of the following:
(1) A weapon that is designed to or may readily be
converted to expel a projectile by the action of an
explosive.
(2) The frame or receiver of a weapon under paragraph
(1).
"Firearm background check." A review of the criminal
history, juvenile delinquency history and mental health records
of an individual applying to obtain ownership of a firearm.
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"Handgun." Any of the following firearms:
(1) A pistol or revolver with a barrel length less than
15 inches.
(2) A shotgun with a barrel length less than 18 inches.
(3) A rifle with a barrel length less than 16 inches.
(4) A pistol, revolver, rifle or shotgun with an overall
length of less than 26 inches.
"Law enforcement officer." Any of the following:
(1) An individual who is:
(i) employed by a police department or organization
of the Commonwealth or political subdivision thereof;
(ii) empowered to effect an arrest with or without
warrant; and
(iii) authorized to carry a firearm in the
performance of that individual's duties.
(2) A sheriff or deputy sheriff.
(3) A constable or deputy constable who is:
(i) empowered to effect an arrest with or without
warrant; and
(ii) certified or qualified pursuant to 44 Pa.C.S. §
7148 (relating to use of firearms) to carry or use a
firearm in the performance of that individual's duties.
"License to carry." Authorization under section 6232
(relating to license to carry) to carry a handgun concealed on
or about the individual or in a vehicle within this
Commonwealth.
"Loaded." A firearm is loaded if the firing chamber, the
nondetachable magazine or, in the case of a revolver, any of the
chambers of the cylinder contain ammunition capable of being
fired. In the case of a firearm that uses a detachable magazine,
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the term means a magazine suitable for use in the firearm that
contains ammunition and has been inserted in the firearm or is
in the same container or, where the container has multiple
compartments, the same compartment as the firearm. The pouch,
holder, holster or other protective device shall be deemed to be
a separate compartment if the magazine is inserted into a pouch,
holder, holster or other protective device that provides for a
complete and secure enclosure of the ammunition.
"Locking device." Either of the following:
(1) A device that when installed on a handgun is
designed to prevent the handgun from being operated without
first deactivating the device.
(2) A device that is incorporated into the design of a
handgun and that is designed to prevent the operation of the
handgun by anyone not having access to the device.
"Long gun." A firearm that is not a handgun.
"Private sale." A sale or transfer between two nonlicensed
individuals.
"Purchaser." An individual acquiring a firearm by purchase
or other transfer of ownership.
"Safekeeping permit." As defined in 23 Pa.C.S. § 6102(a)
(relating to definitions).
"Seller." An individual licensed as an importer,
manufacturer or dealer of firearms.
"Sheriff."
(1) Except as provided in paragraph (2), the sheriff of
the county.
(2) In a city of the first class, the chief or head of
the police department.
"State." When used in reference to different parts of the
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United States, includes the District of Columbia, the
Commonwealth of Puerto Rico and territories and possessions of
the United States.
§ 6203. Administration.
(a) Duty of State Police.--The Pennsylvania State Police
shall have the responsibility to administer the provisions of
this chapter.
(b) Rules and regulations.--The Pennsylvania State Police
shall promulgate rules and regulations necessary to carry out
this chapter, including regulations to ensure the identity,
confidentiality and security of all records and data provided
under this chapter.
(c) Immunity.--The Pennsylvania State Police and its
employees are immune from actions for damages for the use of a
firearm by a purchaser or for the unlawful transfer of a firearm
by a seller unless the act of the Pennsylvania State Police or
its employees constitutes a crime, actual fraud, actual malice
or willful misconduct.
§ 6204. Judicial review.
(a) Procedure.--An action of a chief of police, sheriff,
county treasurer or other officer under this chapter shall be
subject to judicial review in the manner and within the time
provided by 2 Pa.C.S. Ch. 7 Subch. B (relating to judicial
review of local agency action).
(b) Judgment.--The following shall apply:
(1) A judgment sustaining a refusal to grant a license
may not bar, after one year, a new application for a license.
(2) A judgment in favor of the petitioner may not
prevent the defendant from thereafter revoking or refusing to
renew the license for any proper cause that may later occur.
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(c) Costs.--The court may dispose of all costs regarding
judicial review under this section.
§ 6205. Forms.
Consistent with section 6232(c) (relating to license to
carry), the commissioner may establish form specifications and
regulations, with respect to uniform forms control, including
the following:
(1) License to carry a handgun.
(2) Firearm registration.
(3) Dealer's license.
(4) Application for purchase of a firearm.
(5) Record of sale of firearms.
§ 6206. Annual report.
On or before December 31, the Pennsylvania State Police shall
annually compile and report to the General Assembly the
following information for the previous year:
(1) The number of firearm sales, including the types of
firearms.
(2) The number of applications for sale of firearms
denied.
(3) The number of challenges to denials of applications
for sale of firearms.
(4) The number of final reversals of initial denials of
applications for sale of firearms.
(5) A summary of the activities of the Pennsylvania
State Police, including the average time taken to complete a
firearm background check.
(6) Uniform crime reporting statistics compiled by the
Pennsylvania State Police based on the National Incident-
Based Reporting System enforcement agency.
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§ 6207. Preservation of constitutional rights.
(a) Registry of firearms ownership prohibited.--The
following shall apply:
(1) Subject to paragraph (2) and notwithstanding any
provision of this chapter to the contrary, nothing in this
chapter may be construed to allow a government or law
enforcement agency or any agent thereof to create, maintain
or operate any registry of firearm ownership within this
Commonwealth.
(2) Maintenance of records specified under this chapter
for the specific purposes authorized by this chapter is
permissible.
(b) Limitation on regulation of firearms and ammunition.--No
political subdivision may:
(1) regulate in any manner the lawful ownership,
possession, transfer or transportation of firearms,
ammunition or ammunition components when carried or
transported for purposes not prohibited by the laws of this
Commonwealth; or
(2) bring or maintain an action at law or in equity
against any firearms or ammunition manufacturer, trade
association or dealer for damages, abatement, injunctive
relief or any other relief or remedy resulting from or
relating to either the lawful design or manufacture of
firearms or ammunition or the lawful marketing or sale of
firearms or ammunition to the public. Nothing in this
paragraph may be construed to prohibit a political
subdivision from bringing or maintaining an action against a
firearms or ammunition manufacturer or dealer for breach of
contract or warranty as to firearms or ammunition purchased
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by the political subdivision.
(c) Seizure, taking and confiscation.--Except as provided in
section 6241(b) (relating to other firearms restrictions) and
notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to
Commonwealth services) or any other provision of law to the
contrary, no firearm, accessory or ammunition may be seized,
taken or confiscated during an emergency proclaimed by a State
or municipal governmental executive unless the seizure, taking
or confiscation would otherwise be authorized in the absence of
an emergency.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Accessory." A scope, sight, bipod, sling, light, magazine,
clip or other related item that is attached to or necessary for
the operation of a firearm.
"Firearm." As defined in section 6202 (relating to
definitions), except that the term shall not include an air
rifle as defined in section 6304(g) (relating to sale and use of
air rifles).
"Political subdivision." The term shall include any home
rule charter municipality, county, city, borough, incorporated
town, township or school district.
SUBCHAPTER B
DISQUALIFICATIONS
Sec.
6211. Disqualification from possession or ownership.
6212. Disqualification based on protection from abuse order.
6213. Relinquishment of firearms upon disqualification.
6214. Notice of disqualifying event to sheriff.
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6215. Disposition of firearms in law enforcement custody.
6216. Relief from disability.
6217. Effect of Federal waiver or pardon.
6218. Restoration of firearms rights for offenses under prior
laws.
§ 6211. Disqualification from possession or ownership.
(a) Offense defined.--No individual may possess, use,
control, sell, transfer or manufacture or obtain a license to
possess, use, control, sell, transfer or manufacture a firearm
in this Commonwealth if either of the following has occurred:
(1) The individual has been convicted of an offense
under subsection (b), within or outside this Commonwealth,
regardless of the length of sentence.
(2) The conduct of the individual meets the criteria
established in subsection (c).
(b) Disqualifying offenses.--The following offenses shall
apply to subsection (a)(1):
(1) Section 908 (relating to prohibited offensive
weapons).
(2) Section 911 (relating to corrupt organizations).
(3) Section 912 (relating to possession of weapon on
school property).
(4) Section 2502 (relating to murder).
(5) Section 2503 (relating to voluntary manslaughter).
(6) Section 2504 (relating to involuntary manslaughter),
if the offense is based on the reckless use of a firearm.
(7) Section 2702 (relating to aggravated assault).
(8) Section 2703 (relating to assault by prisoner).
(9) Section 2704 (relating to assault by life prisoner).
(10) Section 2709.1 (relating to stalking).
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(11) Section 2716 (relating to weapons of mass
destruction).
(12) Section 2901 (relating to kidnapping).
(13) Section 2902 (relating to unlawful restraint).
(14) Section 2910 (relating to luring a child into a
motor vehicle or structure).
(15) Section 3121 (relating to rape).
(16) Section 3123 (relating to involuntary deviate
sexual intercourse).
(17) Section 3125 (relating to aggravated indecent
assault).
(18) Section 3301 (relating to arson and related
offenses).
(19) Section 3302 (relating to causing or risking
catastrophe).
(20) Section 3502 (relating to burglary).
(21) Section 3503 (relating to criminal trespass), if
the offense is graded a felony of the second degree or
higher.
(22) Section 3701 (relating to robbery).
(23) Section 3702 (relating to robbery of motor
vehicle).
(24) Section 3921 (relating to theft by unlawful taking
or disposition), upon conviction of the second felony
offense.
(25) Section 3923 (relating to theft by extortion), when
the offense is accompanied by threats of violence.
(26) Section 3925 (relating to receiving stolen
property), upon conviction of the second felony offense.
(27) Section 4906 (relating to false reports to law
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enforcement authorities), if the fictitious report involved
the theft of a firearm as provided in section 4906(c)(2).
(28) Section 4912 (relating to impersonating a public
servant), if the individual is impersonating a law
enforcement officer.
(29) Section 4952 (relating to intimidation of witnesses
or victims).
(30) Section 4953 (relating to retaliation against
witness, victim or party).
(31) Section 5121 (relating to escape).
(32) Section 5122 (relating to weapons or implements for
escape).
(33) Section 5501(3) (relating to riot).
(34) Section 5515 (relating to prohibiting of
paramilitary training).
(35) Section 5516 (relating to facsimile weapons of mass
destruction).
(36) Section 6110.1 (relating to possession of firearm
by minor).
(37) Section 6301 (relating to corruption of minors).
(38) Section 6302 (relating to sale or lease of weapons
and explosives).
(39) An offense equivalent to any of the offenses set
forth in paragraphs (1) through (38) under:
(i) the prior laws of this Commonwealth; or
(ii) Federal law or the statutes of any other state.
(c) Disqualifying conduct.--In addition to any individual
who has been convicted of an offense under subsection (b), the
following individuals are subject to the prohibition under
subsection (a):
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(1) An individual who is a fugitive from justice. This
paragraph does not apply to an individual whose fugitive
status is based upon a nonmoving or moving summary offense
under 75 Pa.C.S. (relating to vehicles).
(2) An individual who has been convicted of an offense
under the act of April 14, 1972 (P.L.233, No.64), known as
The Controlled Substance, Drug, Device and Cosmetic Act, or
any equivalent Federal statute or equivalent statute of any
other state, that may be punishable by a term of imprisonment
exceeding two years.
(3) An individual who has been convicted of driving
under the influence of alcohol or controlled substance as
provided under 75 Pa.C.S. § 3802 (relating to driving under
influence of alcohol or controlled substance) or former 75
Pa.C.S. § 3731 (relating to driving under influence of
alcohol or controlled substance), on three or more separate
occasions within a five-year period. For the purposes of this
paragraph only, the prohibition of subsection (a) shall apply
only to transfers or purchases of firearms after the third
conviction.
(4) An individual who has been adjudicated as
incapacitated under 20 Pa.C.S. Ch. 55 (relating to
incapacitated persons) to possess a firearm.
(5) An individual who has been involuntarily committed
to a mental institution for inpatient care and treatment
under section 302, 303 or 304 of the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures
Act. This paragraph shall not apply to any proceeding under
section 302 of the Mental Health Procedures Act unless the
examining physician has issued a certification that inpatient
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care was necessary or that the individual was committable.
(6) An individual who, being an alien, is illegally or
unlawfully in the United States.
(7) An individual who is the subject of an active
protection from abuse order issued under 23 Pa.C.S. § 6108
(relating to relief), which order provided for the
relinquishment of firearms during the period of time the
order is in effect. This prohibition shall terminate upon the
expiration or vacation of an active protection from abuse
order or portion thereof relating to the relinquishment of
firearms.
(8) An individual who was adjudicated delinquent by a
court under 42 Pa.C.S. § 6341 (relating to adjudication) or
under any equivalent Federal statute or statute of any other
state as a result of conduct, which, if committed by an
adult, would constitute an offense under any of the
following:
(i) Section 2502, 2503, 2702, 2703, 2704, 2901,
3121, 3123, 3301, 3502, 3701 or 3923.
(ii) Subsection (b), except for those crimes under
subparagraph (i). The prohibition under this subparagraph
shall terminate 15 years after the last applicable
delinquent adjudication or upon the individual reaching
30 years of age, whichever date occurs earlier.
(iii) Section 13(a)(30) of The Controlled Substance,
Drug, Device and Cosmetic Act. The prohibition under this
subparagraph shall terminate 15 years after the last
applicable delinquent adjudication or upon the individual
reaching 30 years of age, whichever date occurs earlier.
(9) An individual who is prohibited from possessing or
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acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to
unlawful acts). If the offense that resulted in the
prohibition under 18 U.S.C. § 922(g)(9) was committed, as
provided under 18 U.S.C. § 921(a)(33)(A)(ii) (relating to
definitions), by an individual in any of the following
relationships, then the relationship does not need to be an
element of the offense to meet the requirements of this
paragraph:
(i) The current or former spouse, parent or guardian
of the victim.
(ii) An individual with whom the victim shares a
child in common.
(iii) An individual who cohabits with or has
cohabited with the victim as a spouse, parent or
guardian.
(iv) An individual similarly situated to a spouse,
parent or guardian of the victim.
(d) License prohibition.--An individual who is prohibited
from possessing, using, controlling, selling, purchasing,
transferring or manufacturing a firearm under this section may
not be eligible for or permitted to obtain a license to carry
under section 6232 (relating to license to carry).
§ 6212. Disqualification based on protection from abuse order.
(a) Transfer period.--Section 6213 (relating to
relinquishment of firearms upon disqualification) shall not
apply to an individual whose disability is the result of the
individual becoming the subject of an active protection from
abuse order as provided under section 6211(c)(7) (relating to
disqualification from possession or ownership).
(b) Relinquishment to sheriff.--An individual who is the
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subject of an active protection from abuse order issued under 23
Pa.C.S. § 6108 (relating to relief), which order provided for
the relinquishment of firearms, other weapons or ammunition
during the period of time the order is in effect, commits a
misdemeanor of the first degree if the individual intentionally
or knowingly fails to relinquish the firearms, other weapons or
ammunition to the sheriff as required by the order unless, in
lieu of relinquishment, the individual provides an affidavit
that lists the firearms, other weapons or ammunition to the
sheriff in accordance with 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2
(relating to relinquishment for consignment sale, lawful
transfer or safekeeping) or 6108.3 (relating to relinquishment
to third party for safekeeping).
(c) Acceptance of weapons from disqualified individual.--An
individual who intentionally or knowingly accepts possession of
a firearm, other weapon or ammunition from another individual
who the individual knows is the subject of an active protection
from abuse order issued under 23 Pa.C.S. § 6108, which order
provided for the relinquishment of the firearm, other weapon or
ammunition during the period of time the order is in effect, is
guilty of a misdemeanor of the third degree. This prohibition
does not apply to:
(1) A third party accepting possession of the firearm,
other weapon or ammunition relinquished under 23 Pa.C.S. §
6108.3.
(2) A dealer licensed under section 6231 (relating to
licensure of firearms dealers) or subsequent purchaser from a
dealer licensed pursuant to section 6231, who accepts
possession of the firearm, other weapon or ammunition
relinquished under 23 Pa.C.S. § 6108.2.
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(d) Affirmative defense.--It is an affirmative defense to
any prosecution under subsection (b) that the individual
accepting possession of a firearm, other weapon or ammunition in
violation of that subsection:
(1) notified the sheriff as soon as practical that the
individual has taken possession; and
(2) relinquished possession of the firearm, other weapon
or ammunition possessed in violation of subsection (b) as
directed by the sheriff.
(e) Access to weapons.--An individual who has accepted
possession of a firearm, other weapon or ammunition under 23
Pa.C.S. § 6108.3 commits a misdemeanor of the first degree if
the individual intentionally or knowingly returns the firearm,
other weapon or ammunition to the defendant or intentionally or
knowingly allows the defendant to have access to the firearm,
other weapon or ammunition prior to the sheriff accepting return
of the safekeeping permit issued to the party under 23 Pa.C.S. §
6108.3(d)(1)(i), under section 6216(e) (relating to relief from
disability) or 23 Pa.C.S. § 6108.1(b) (relating to return of
relinquished firearms, other weapons and ammunition and
additional relief) which modifies a valid protection from abuse
order issued under 23 Pa.C.S. § 6108, which order provided for
the relinquishment of the firearm, other weapon or ammunition by
allowing the defendant to take possession of the firearm, other
weapon or ammunition that had previously been ordered
relinquished.
§ 6213. Relinquishment of firearms upon disqualification.
(a) Time frame for relinquishment.--Except as otherwise
provided under section 6212 (relating to disqualification based
on protection from abuse order), an individual who is prohibited
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from possessing, using, controlling, selling, transferring or
manufacturing a firearm under section 6211 (relating to
disqualification from possession or ownership) shall have a
reasonable period of time, not to exceed 60 days from the date
of the imposition of the disability under section 6211, in which
to sell or transfer that individual's firearms to another
eligible individual who is not a member of the prohibited
individual's household.
(b) Firearms included.--All firearms owned by a person
living in the household of the prohibited individual shall be
transferred under subsection (a).
(c) Enforcement.--An arrest for a violation of this section
may be without warrant upon probable cause by a police officer
or sheriff.
(d) Seizure of firearms, other weapons and ammunition.--
Subsequent to an arrest under subsection (c), the police officer
or sheriff shall seize all firearms, other weapons and
ammunition in the defendant's possession. As soon as it is
reasonably possible, the arresting officer shall deliver the
confiscated firearms, other weapons and ammunition to the office
of the sheriff. The sheriff shall maintain possession of the
firearms, other weapons and ammunition until the court
determines that the defendant is no longer disqualified from
firearms ownership under section 6216 (relating to relief from
disability), at which time the firearms, other weapons and
ammunition shall be promptly returned to the defendant.
(e) Receipt for relinquished firearm.--The owner of a seized
or confiscated firearm or of a firearm ordered relinquished
under 23 Pa.C.S. § 6108 shall be provided with a signed and
dated written receipt by the appropriate law enforcement
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agency. This receipt shall include a detailed identifying
description indicating the serial number and condition of the
firearm.
§ 6214. Notice of disqualifying event to sheriff.
(a) Disqualifying offense or conduct.--The following shall
apply:
(1) Subject to the provisions of section 6212 (relating
to disqualification based on protection from abuse order),
this subsection shall apply upon:
(i) conviction of an individual for a crime
specified in section 6211(a) or (b) (relating to
disqualification from possession or ownership);
(ii) conviction of an individual for a crime
punishable by imprisonment exceeding one year; or
(iii) a determination that the conduct of an
individual meets the criteria specified under section
6211(c)(1), (2), (3), (6), (7) or (9).
(2) Subject to paragraph (1), the court shall determine
whether the defendant has a license to carry a handgun issued
under section 6232 (relating to license to carry). If the
defendant has a license, the court shall notify the sheriff
of the county in which that individual resides, on a form
developed by the Pennsylvania State Police, of the identity
of the individual and the nature of the crime or conduct that
resulted in the notification.
(b) Disqualification for mental health reasons.--The
following shall apply:
(1) This subsection shall apply upon:
(i) adjudication that an individual is incapacitated
under 20 Pa.C.S. Ch. 55 (relating to incapacitated
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persons) to possess a firearm;
(ii) the involuntary commitment of an individual to
a mental institution for inpatient care and treatment
under the act of July 9, 1976 (P.L.817, No.143), known as
the Mental Health Procedures Act; or
(iii) the involuntary treatment of an individual as
described under section 6211(c)(5).
(2) Subject to paragraph (1), the judge of the court of
common pleas, mental health review officer or county mental
health and intellectual disability administrator shall notify
the sheriff of the county in which that individual resides,
on a form developed by the Pennsylvania State Police, of the
identity of the individual who has been adjudicated,
committed or treated and the nature of the adjudication,
commitment or treatment.
(c) Timing of notice.--The notification required under this
section shall be transmitted to the sheriff within seven days of
the disqualifying event.
§ 6215. Disposition of firearms in law enforcement custody.
(a) Liability for loss or damage.--The appropriate law
enforcement agency shall be liable to the lawful owner of a
confiscated, seized or relinquished firearm for any loss, damage
or substantial decrease in value of the firearm that is a direct
result of a lack of reasonable care by the appropriate law
enforcement agency.
(b) Permanent markings and test firing.--The following shall
apply:
(1) A firearm may not be engraved or permanently marked
in any manner, including engraving of evidence or other
identification numbers.
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(2) Unless reasonable suspicion exists to believe that a
particular firearm has been used in the commission of a
crime, no firearm may be test fired.
(3) Any reduction in the value of a firearm due to test
firing, engraving or permanently marking in violation of this
subsection shall be considered damage, and the law
enforcement agency shall be liable to the lawful owner of the
firearm for the reduction in value caused by the test firing,
engraving or permanent marking.
(4) For purposes of this subsection, a firearm includes
any scope, sight, bipod, sling, light, magazine, clip,
ammunition or other firearm accessory attached to or seized,
confiscated or relinquished with the firearm.
(c) Confiscated or recovered firearms.--Subject to
subsection (d), the Pennsylvania State Police and a local law
enforcement agency shall make all reasonable efforts to
determine the lawful owner of a firearm confiscated or recovered
by the Pennsylvania State Police or a local law enforcement
agency and return the firearm to its lawful owner if the owner
is not otherwise prohibited from possessing the firearm. When a
court determines that the Pennsylvania State Police or a local
law enforcement agency failed to exercise the duty under this
subsection, reasonable attorney fees shall be awarded to the
lawful owner of a firearm who sought judicial enforcement of
this subsection.
(d) Firearm tracing.--Upon confiscating or recovering a
firearm from the possession of an individual who is not
permitted by Federal or State law to possess a firearm, a local
law enforcement agency shall use the best available information,
including a firearms trace where necessary, to determine how and
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from where the individual gained possession of the firearm. In
conducting a firearms trace in compliance with this subsection,
a local law enforcement agency shall:
(1) use the National Tracing Center of the Federal
Bureau of Alcohol, Tobacco, Firearms and Explosives; and
(2) advise the Pennsylvania State Police of all firearms
that are recovered in accordance with this subsection.
§ 6216. Relief from disability.
(a) Who may apply for relief.--An individual who is
disqualified under section 6211 (relating to disqualification
from possession or ownership) may apply for relief from the
disability imposed by this subchapter.
(b) Application and hearing regarding certain offenses.--The
following shall apply:
(1) This subsection shall apply in the case of an
individual whose disqualification is based on section
6211(a), (b) or (c)(1), (2), (3), (6), (8) or (9).
(2) Application for relief from disability under this
chapter shall be made to the court of common pleas of the
county where the principal residence of the applicant is
situated.
(3) A hearing under this subsection shall be held in
open court to determine whether the requirements of this
section have been met.
(4) The commissioner and the district attorney of the
county where the application is filed and any victim or
survivor of a victim of the offense upon which the disability
is based shall have standing to participate in the proceeding
under this section.
(5) The court shall grant relief if it determines that
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any of the following apply:
(i) The conviction has been vacated under
circumstances where all appeals have been exhausted or
where the right to appeal has expired.
(ii) The conviction has been the subject of a full
pardon by the Governor.
(iii) Each of the following conditions is met:
(A) The Secretary of the Treasury of the United
States has relieved the applicant of an applicable
disability imposed by Federal law upon the
possession, ownership or control of a firearm as a
result of the applicant's prior conviction, except
that the court may waive this condition if the court
determines that the Congress of the United States has
not appropriated sufficient funds to enable the
Secretary of the Treasury to grant relief to
applicants eligible for the relief.
(B) Excluding any time spent in incarceration, a
period of 10 years has elapsed since the most recent
conviction of the applicant of any of the following:
(I) An offense under section 6211(b) or (c)
(3) or (9).
(II) A felony violation of the act of April
14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic
Act.
(c) Application and hearing regarding incapacity or
commitment.--The following shall apply:
(1) This subsection shall:
(i) apply in the case of an individual whose
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disqualification is based on section 6211(c)(4) or (5);
and
(ii) be subject to the certification provision under
section 6211(c)(5).
(2) Application for relief from disability under this
chapter shall be made to the court of common pleas of the
county in which the order under 20 Pa.C.S. Ch. 55 (relating
to incapacitated persons) or the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures Act,
was issued.
(3) A hearing under this subsection shall be closed
unless otherwise requested to be open by the applicant.
(4) The court may grant any relief it deems appropriate
if:
(i) the court determines that the applicant may
possess a firearm without risk to the applicant or any
other individual; or
(ii) the treating licensed physician or licensed
clinical psychologist of the disqualified individual
provides testimony or a sworn statement that the
disqualification is no longer necessary to protect the
health or safety of the individual or any other
individual.
(d) Application and hearing regarding protection from abuse
orders.--Application for relief from disability under this
chapter for an individual whose disqualification is based on
section 6211(c)(7) shall be governed by 23 Pa.C.S. Ch. 61
(relating to protection from abuse).
(e) Relief not granted.--Nothing in this section exempts an
individual from a disability in relation to the possession or
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control of a firearm that is imposed:
(1) as a condition of probation or parole; or
(2) under any other provision of law.
(f) Order granting relief from disability.--If the court
grants relief from the disability under this section, a copy of
the order shall be sent by the prothonotary within ten days of
the entry of the order to the Pennsylvania State Police and
shall include the name, date of birth and Social Security number
of the individual.
§ 6217. Effect of Federal waiver or pardon.
(a) General rule.--Subject to subsection (b), any of the
following events shall remove a corresponding disability under
this subchapter:
(1) A waiver of disability from Federal authorities as
provided for under 18 U.S.C. § 925 (relating to exceptions:
relief from disabilities).
(2) A full pardon from the Governor.
(3) An overturning of a conviction.
(b) Disability not automatically removed.--A disability
imposed under section 6211 (relating to disqualification from
possession or ownership) or 6212 (relating to disqualification
based on protection from abuse order) may not be automatically
relieved as provided under subsection (a), but shall be subject
to the procedures set forth under section 6216 (relating to
relief from disability).
§ 6218. Restoration of firearms rights for offenses under prior
laws.
(a) Restoration available.--An individual convicted of a
disabling offense may apply to the court of common pleas in the
county where the principal residence of the applicant is
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situated for restoration of firearms rights unless any of the
following apply:
(1) The applicant has been convicted of any other
offense specified under section 6211(a) or (b) (relating to
disqualification from possession or ownership) or the
applicant's conduct meets the criteria under section 6211(c)
(1), (2), (3), (4), (5), (6), (7) or (8)(i).
(2) The applicant has been convicted of any other crime
punishable by imprisonment exceeding one year.
(3) The applicant's character and reputation is such
that the applicant would be likely to act in a manner
dangerous to public safety.
(b) Notice.--Notice of an application for restoration of
firearms rights shall be provided to the following, who may
choose to be a party to the proceeding:
(1) The Pennsylvania State Police.
(2) The district attorney of the county where the
disabling offense occurred.
(3) The district attorney of the county where the
application is filed.
(c) Procedure.--The court shall hold a hearing in open court
regarding the application under this section, subject to the
following:
(1) The court shall grant restoration of firearms rights
to an applicant if it determines that the requirements of
this section have been met.
(2) The role of the Pennsylvania State Police as a party
to a proceeding under this section shall be limited to a
determination of whether:
(i) the applicant's offense meets the definition of
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a disabling offense under this section; or
(ii) the applicant is ineligible for restoration of
firearms rights under subsection (a)(1) or (2).
(3) If the court grants restoration of firearms rights
to an applicant, a copy of the order shall be sent by the
prothonotary within 10 days of the entry of the order to the
persons listed under subsection (b) and include the name,
date of birth and Social Security number of the applicant.
(d) Limited effect of restoration.--A restoration of
firearms rights under this section may not:
(1) result in the expungement of criminal history record
information; or
(2) constitute a gubernatorial pardon.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Disabling offense." A conviction for any offense that meets
all of the following criteria:
(1) Is a violation of any of the following former laws:
(i) The act of May 1, 1929 (P.L.905, No.403), known
as The Vehicle Code.
(ii) The act of June 24, 1939 (P.L.872, No.375),
known as the Penal Code.
(iii) The act of April 29, 1959 (P.L.58, No.32),
known as The Vehicle Code.
(2) Resulted in a Federal firearms disability and is
substantially similar to either an offense currently graded
as a crime punishable by a term of imprisonment for not more
than two years or conduct that no longer constitutes a
violation of law.
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(3) Is not an offense that, if committed under
contemporary standards, would constitute a misdemeanor of the
second degree or greater under section 2701 (relating to
simple assault) and was committed by any of the following:
(i) A current or former spouse, parent or guardian
of the victim.
(ii) An individual with whom the victim shares a
child in common.
(iii) An individual who is cohabiting with or has
cohabited with the victim as a spouse, parent or
guardian.
(iv) An individual similarly situated to a spouse,
parent or guardian of the victim.
"Restoration of firearms rights." Relieving each disability
with respect to an individual's right to own, possess, use,
control, sell, purchase, transfer, manufacture, receive, ship or
transport a firearm, including a disability imposed by this
subchapter.
SUBCHAPTER C
SALES AND BACKGROUND CHECKS
Sec.
6221. Sale or transfer of firearms.
6222. Sale or transfer of handguns.
6223. Sale or transfer of long guns.
6224. Firearm sale surcharge.
6225. Firearm background checks.
6226. Access to mental health records for firearm background
check purposes.
6227. Access to juvenile registry for firearm background check
purposes.
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6228. Challenge to firearm background checks.
§ 6221. Sale or transfer of firearms.
(a) Applicability.--The following shall apply:
(1) No seller may sell or deliver a firearm to another
individual until the conditions of this section have been
met.
(2) The provisions of this section are in addition to
any requirements imposed under sections 6222 (relating to
sale or transfer of handguns) and 6223 (relating to sale or
transfer of long guns).
(3) This section does not apply to transfers to another
seller or to a licensed collector.
(4) This section does not apply to transactions
involving antique firearms.
(5) The provisions of this section and sections 6222 and
6223 do not apply to:
(i) Sales between Federal firearms licensees.
(ii) The purchase of firearms by the commissioner,
the chief or head of a police department, a county
sheriff or any equivalent law enforcement official, or a
designee of any of the foregoing, for the official use of
law enforcement officers.
(6) Compliance with the provisions of this section and
sections 6222 and 6223 is a defense to any criminal complaint
under the laws of this Commonwealth or other claim or cause
of action under this subchapter arising from the sale or
transfer of any firearm.
(b) Presentation of photoidentification.--The following
shall apply:
(1) A seller of a firearm shall inspect
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photoidentification of a potential purchaser or transferee,
which may include a driver's license, official Pennsylvania
photoidentification card or official government
photoidentification card.
(2) In the case of a potential purchaser or transferee
of a firearm who is a member of a recognized religious sect
or community whose tenets forbid or discourage the taking of
photographs of members of that sect or community, a seller of
firearms shall accept a valid-without-photo driver's license
or a combination of documents, as prescribed by the
Pennsylvania State Police, containing the applicant's name,
address, date of birth and the signature of the applicant.
(c) Background check.--The following shall apply:
(1) A seller of a firearm shall request by means of a
telephone call that the Pennsylvania State Police conduct a
criminal history, juvenile delinquency history and mental
health records background check of a potential purchaser or
transferee.
(2) The purchaser or transferee and the seller shall
provide the necessary information to accurately identify the
purchaser or transferee.
(3) The person requesting the check under this
subsection shall be charged a fee equivalent to the cost of
providing the service but not to exceed $2 per purchaser or
transferee.
(d) Approval number.--A transfer of a firearm may not occur
until the seller has received a unique approval number for a
background check from the Pennsylvania State Police and recorded
the date and the number on the application/record of sale form.
(e) Receipt.--A seller of a firearm shall issue a receipt
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containing the information from subsection (d), including the
unique approval number of the purchaser. This receipt is prima
facie evidence of the purchaser's or transferee's compliance
with the provisions of this section.
(f) Retention of information.--Unless it has been discovered
pursuant to a criminal history, juvenile delinquency and mental
health records background check that the potential purchaser or
transferee is prohibited from possessing a firearm pursuant to
this subchapter, no information received via telephone following
the implementation of the instantaneous background check system
from a purchaser who has received a unique approval number may
be retained by the Pennsylvania State Police.
(g) Temporary delay in approval of purchase or transfer.--
For purposes of the enforcement of 18 U.S.C. § 922(d)(9), (g)(1)
and (s)(1) (relating to unlawful acts), in the event the
criminal history or juvenile delinquency background check
indicates a conviction for a misdemeanor that the Pennsylvania
State Police cannot determine is or is not related to an act of
domestic violence, the Pennsylvania State Police shall issue a
temporary delay of the approval of the purchase or transfer,
subject to the following:
(1) During the temporary delay, the Pennsylvania State
Police shall conduct a review or investigation of the
conviction with courts, local police departments, district
attorneys and other law enforcement or related institutions
as necessary to determine whether or not the misdemeanor
conviction involved an act of domestic violence.
(2) The Pennsylvania State Police shall conduct the
review or investigation as expeditiously as possible.
(3) No firearm may be transferred by the seller to the
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purchaser who is the subject of the investigation during the
temporary delay.
(4) The Pennsylvania State Police shall notify the
seller of the termination of the temporary delay and either
deny the sale or provide the unique approval number under
subsection (d).
(h) Disposition of fees collected.--Fees collected under
paragraph (c)(3) and section 6224 (relating to firearm sale
surcharge) shall be transmitted to the Pennsylvania State Police
within 14 days of collection.
§ 6222. Sale or transfer of handguns.
(a) Applicability.--The following shall apply:
(1) This section applies to the sale or transfer of a
handgun, in addition to the requirements of section 6221
(relating to sale or transfer of firearms).
(2) Subsection (b) does not apply to any law enforcement
officer whose current identification as a law enforcement
officer is construed as a valid license to carry a handgun or
any individual who possesses a valid license to carry a
handgun under section 6232 (relating to license to carry).
(3) Subsection (b) does not apply to an applicant who
presents to the seller a written statement stating that the
applicant requires access to a firearm because of a threat to
the life of the applicant or a member of the household of
that applicant. The written statement shall conform to the
following:
(i) The statement shall be issued by:
(A) the chief of police in the municipality in
which the purchaser resides; or
(B) if the applicant resides in a municipality
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where there is no chief of police, the district
attorney, or the designee of the district attorney,
of the county of residence of the applicant.
(ii) The statement shall be issued during the ten-
day period ending on the date of the most recent proposal
of the transfer or sale by the purchaser.
(iii) The issuing official shall notify the
applicant's local police authority that the statement has
been issued. In a county of the first class, the chief of
police shall notify the police station or substation
closest to the applicant's residence.
(b) Time and manner of delivery.--Subject to subsection (a)
(3):
(1) No seller may deliver a handgun to a purchaser until
48 hours have elapsed from the time of the application for
the purchase of the handgun.
(2) When delivered, the handgun shall be securely
wrapped and unloaded.
(c) Application form.--A seller of a handgun shall obtain an
application/record of sale from the potential purchaser filled
out in triplicate. The form of this application/record of sale
shall be no more than one page in length and shall be
promulgated by the Pennsylvania State Police and provided by the
seller. The application/record of sale shall include the
following information:
(1) Date of application.
(2) Name, address, date of birth, gender, race, physical
description and Social Security number of the purchaser.
(3) Caliber, length of barrel, make, model and
manufacturer's number of the handgun to be purchased.
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(4) The following question:
Are you the actual buyer of the handgun(s) listed on
this application/record of sale? Warning: You are not
the actual buyer if you are acquiring the handgun(s)
on behalf of another individual, unless you are
legitimately acquiring the firearm as a gift for any
of the following individuals who are legally eligible
to own a handgun:
(1) Spouse.
(2) Parent.
(3) Child.
(4) Grandparent.
(5) Grandchild.
(5) A statement, next to a check-off box, that the
purchaser has received a firearms safety brochure as set
forth in section 6243(c) (relating to firearms safety). The
purchaser shall indicate the receipt of the brochure by
checking the box.
(d) Disposition of application.--An application under this
section shall be distributed as follows:
(1) The original shall be sent to the Pennsylvania State
Police, postmarked via first class mail, within 14 days of
the sale.
(2) One copy shall be retained by the seller for a
period of 20 years.
(3) One copy shall be provided to the purchaser.
(e) Locking device.--No seller shall sell, deliver or
transfer a handgun to any purchaser unless the purchaser is
provided with or purchases a locking device for that handgun or
the design of the handgun incorporates a locking device, except
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for the following situations:
(1) The purchaser is another seller.
(2) The handgun meets the definition of an antique
firearm.
(3) The handgun is for transfer to or possession by a
law enforcement officer or by rail police employed and
certified by a rail carrier as a police officer.
(f) Loans on and lending or giving handguns.--Except as
provided under subsections (g) and (h), no individual may:
(1) Make a loan secured by mortgage, deposit or pledge
of a handgun.
(2) Lend or give a handgun to another individual.
(3) Otherwise deliver a handgun contrary to the
provisions of this subchapter.
(g) Exceptions to lending or giving prohibition.--Subsection
(f) shall not apply if any of the following apply:
(1) The person who receives the handgun is licensed to
carry a firearm under section 6232.
(2) The person who receives the handgun is exempt from
licensing.
(3) The person who receives the handgun is engaged in a
hunter safety program certified by the Pennsylvania Game
Commission or a firearm training program or competition
sanctioned or approved by the National Rifle Association.
(4) The person who receives the handgun meets all of the
following requirements:
(i) Is under 18 years of age.
(ii) Pursuant to section 6241(d) (relating to other
firearms restrictions) is under the supervision, guidance
and instruction of a responsible individual who:
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(A) is 21 years of age or older; and
(B) is not prohibited from owning or possessing
a firearm under section 6211 (relating to
disqualification from possession or ownership) or
6212 (relating to disqualification based on
protection from abuse order).
(5) The person who receives the handgun is lawfully
hunting or trapping and is in compliance with the provisions
of 34 Pa.C.S. (relating to game).
(6) A bank or other chartered lending institution
receiving the handgun is able to adequately secure firearms
in its possession.
(h) Impact of prohibition on lending.--Nothing in this
section shall be construed to prohibit any of the following:
(1) The transfer of a firearm under 20 Pa.C.S. Ch. 21
(relating to intestate succession) or by bequest if the
individual receiving the handgun is not precluded from owning
or possessing a firearm under section 6211 or 6212.
(2) The lending or giving of a handgun to another in
one's dwelling or place of business if the handgun is
retained within the dwelling or place of business.
(3) The relinquishment of a firearm to a third party in
accordance with 23 Pa.C.S. § 6108.3 (relating to
relinquishment to third party for safekeeping).
(i) Private sales of handguns.--An individual who is not a
seller as defined in section 6202 (relating to definitions) and
who desires to sell or transfer a handgun to another unlicensed
individual may do so only upon the place of business of a seller
or the county sheriff's office. If the transaction occurs at the
county sheriff's office, the sheriff shall follow the procedure
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set forth in this section and section 6221 as if the sheriff
were the seller of the handgun. This subsection does not apply
to a transfer between spouses, a parent and child, or a
grandparent and grandchild.
§ 6223. Sale or transfer of long guns.
(a) Applicability.--This section applies to the sale or
transfer of a long gun, in addition to the requirements of
section 6221 (relating to sale or transfer of firearms).
(b) No application required.--Following implementation of
the instantaneous records check by the Pennsylvania State Police
on or before December 1, 1998, no application/record of sale
shall be completed for the purchase or transfer of a long gun.
(c) Cumulative statement of transfers.--A statement shall be
submitted by the seller to the Pennsylvania State Police,
postmarked via first class mail, within 14 days of the transfer,
containing:
(1) The number of long guns transferred.
(2) The amount of surcharge and other fees remitted
under section 6224(a) (relating to firearm sale surcharge).
(3) A list of the unique approval numbers given under
section 6221(d).
(4) A statement that background checks as provided in
section 6221(c) have been performed on the purchasers of the
long guns contained in the statement. The form of the
statement relating to performance of background checks shall
be promulgated by the Pennsylvania State Police.
(d) Failure of Pennsylvania Instant Check System.--In the
event of an electronic failure under section 6225 (relating to
firearm background checks), the following apply:
(1) A seller of a long gun shall obtain an
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application/record of sale from the potential purchaser
filled out in triplicate.
(2) The form of the application/record of sale shall be
no more than one page in length and shall be promulgated by
the Pennsylvania State Police and provided by the seller.
(3) For purposes of conducting the criminal history,
juvenile delinquency and mental health records background
check, which shall be completed within 10 days of receipt of
the information from the seller, the application/record of
sale shall include the name, address, birth date, gender,
race, physical description and Social Security number of the
purchaser and the date of application.
(4) No information regarding the type of firearm need be
included other than an indication that the firearm is a long
gun.
(5) The application shall be distributed as follows:
(i) The original shall be sent to the Pennsylvania
State Police, postmarked via first class mail, within 14
days of the sale.
(ii) One copy shall be retained by the seller for a
period of 20 years.
(iii) One copy shall be provided to the purchaser.
(6) Unless it has been discovered pursuant to a criminal
history, juvenile delinquency and mental health records
background check that the potential purchaser is prohibited
from possessing a firearm under this subchapter, no
information on the application/record of sale provided under
this subsection may be retained, as precluded by section
6207(a) (relating to preservation of constitutional rights),
by the Pennsylvania State Police either through retention of
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the application/record of sale or by entering the information
onto a computer.
(7) An application/record of sale received by the
Pennsylvania State Police under this subsection shall be
destroyed within 72 hours of the completion of the firearm
background check.
§ 6224. Firearm sale surcharge.
(a) Imposition of surcharge.--There is imposed on each sale
of a firearm subject to tax under Article II of the act of March
4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, an
additional surcharge of $3, which shall be referred to as the
firearm sale surcharge.
(b) Increase or decrease in surcharge.--Five years from
October 11, 1995, and every five years thereafter, the
Pennsylvania State Police shall provide the necessary
information to the Legislative Budget and Finance Committee for
the purpose of reviewing the need to increase or decrease the
instant check fee. The committee shall issue a report of its
findings and recommendations to the General Assembly for a
statutory change in the fee.
(c) Use of surcharge.--The Pennsylvania State Police shall
use the firearm sale surcharge to carry out the provisions of
sections 6221 (relating to sale or transfer of firearms), 6222
(relating to sale or transfer of handguns) and 6223 (relating to
sale or transfer of long guns).
§ 6225. Firearm background checks.
(a) Duties upon receipt of request.--Upon receipt of a
request for a firearm background check of a potential purchaser
or transferee, the Pennsylvania State Police shall immediately,
during the seller's call or by return call, forthwith complete
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the following:
(1) Review the Pennsylvania State Police criminal
history and fingerprint records to determine whether the
potential purchaser or transferee is prohibited from receipt
or possession of a firearm under Federal or State law.
(2) Review the juvenile delinquency and mental health
records of the Pennsylvania State Police to determine whether
the potential purchaser or transferee is prohibited from
receipt or possession of a firearm under Federal or State
law.
(3) Make one of the following responses to the inquiry:
(i) Inform the seller that the potential purchaser
or transferee is prohibited from receipt or possession of
a firearm.
(ii) Provide the seller with a unique approval
number.
(b) Effect of unavailability of instantaneous records check
system.--In the event of electronic failure, scheduled computer
downtime or similar event beyond the control of the Pennsylvania
State Police, the following shall apply:
(1) The Pennsylvania State Police shall immediately
notify the requesting seller of the reason for and estimated
length of the delay.
(2) If the failure or event lasts for a period exceeding
48 hours, the seller shall not be subject to any penalty for
completing a transaction absent the completion of an
instantaneous records check for the remainder of the failure
or similar event.
(3) The seller shall obtain a completed
application/record of sale following the provisions of
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sections 6221 (relating to sale or transfer of firearms),
6222 (relating to sale or transfer of handguns) and 6223
(relating to sale or transfer of long guns) as if an
instantaneous records check system has not been established
for any sale or transfer of a firearm for the purpose of a
subsequent background check.
(c) Establishment of telephone number.--The Pennsylvania
State Police shall establish a telephone number that shall be
operational seven days a week between the hours of 8 a.m. and 10
p.m. local time for purposes of responding to inquiries as
described in this section from sellers. The Pennsylvania State
Police shall employ and train such individuals as are necessary
to expeditiously administer the provisions of this section.
(d) Criminal information.--In addition to the information to
be reviewed by the Pennsylvania State Police under subsection
(a)(1), the Pennsylvania State Police may obtain criminal
statistics necessary for the purposes of this subchapter from a
local law enforcement agency.
(e) Confidentiality.--Information provided by a potential
purchaser, transferee or applicant shall be confidential and not
subject to public disclosure. This information includes, but is
not limited to, the following:
(1) The name or identity of the potential purchaser,
transferee or applicant.
(2) Information furnished by the potential purchaser or
transferee under this section or an applicant for a license
to carry under section 6232 (relating to license to carry).
§ 6226. Access to mental health records for firearm background
check purposes.
(a) Notification of mental health adjudication, treatment or
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commitment.--Notwithstanding any statute to the contrary, a
judge of the court of common pleas shall notify the Pennsylvania
State Police, on a form developed by the Pennsylvania State
Police, of the identity of any of the following individuals:
(1) An individual who has been adjudicated as
incapacitated under 20 Pa.C.S. Ch. 55 (relating to
incapacitated persons) to possess a firearm.
(2) An individual who has been involuntarily committed
to a mental institution under the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures Act.
(3) An individual who has been involuntarily treated as
described in section 6211(c)(5) (relating to disqualification
from possession or ownership).
(4) An individual as described in 18 U.S.C. § 922(g)(4)
(relating to unlawful acts) and its implementing Federal
regulations.
(b) Notification of drug use or addiction.--Notwithstanding
any statute to the contrary, a judge of the court of common
pleas shall notify the Pennsylvania State Police, on a form
developed by the Pennsylvania State Police, of any finding of
fact or court order related to any individual described in 18
U.S.C. § 922(g)(3).
(c) Timing of notification.--The notification under this
section shall be transmitted by the judge to the Pennsylvania
State Police within seven days of the adjudication, commitment
or treatment.
(d) Sharing of information with Federal authorities.--
Notwithstanding any law to the contrary, the Pennsylvania State
Police may disclose, electronically or otherwise, to the United
States Attorney General or a designee, any record relevant to a
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determination of whether an individual is disqualified from
possessing or receiving a firearm under 18 U.S.C. § 922 (g)(3)
or (4) or an applicable State statute.
(e) Court review.--An individual who is involuntarily
committed under section 302 of the Mental Health Procedures Act
may petition the court to review the sufficiency of the evidence
upon which the commitment was based, subject to the following:
(1) If the court determines that the evidence upon which
the involuntary commitment was based was insufficient, the
court shall order that the record of the commitment submitted
to the Pennsylvania State Police be expunged. A petition
filed under this subsection shall toll the 60-day period
under section 6213(a) (relating to relinquishment of firearms
upon disqualification).
(2) Upon receipt of a copy of the order of a court of
competent jurisdiction that vacates a final order or an
involuntary certification issued by a mental health review
officer, the Pennsylvania State Police shall expunge all
records of the involuntary treatment received under
subsection (a).
(f) Expungement on physician certification.--The
Pennsylvania State Police shall expunge all records of an
involuntary commitment if all of the following conditions are
met:
(1) The individual is discharged from a mental health
facility based upon the initial review by the physician
occurring within two hours of arrival under section 302(b) of
the Mental Health Procedures Act.
(2) The physician determines that no severe mental
disability existed under section 302(b) of the Mental Health
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Procedures Act.
(3) The physician shall provide signed confirmation of
the determination of the lack of severe mental disability
following the initial examination under section 302(b) of the
Mental Health Procedures Act to the Pennsylvania State
Police.
(g) Definition--As used in this section, the term
"physician" means a physician who may authorize an involuntary
commitment under the Mental Health Procedures Act.
§ 6227. Access to juvenile registry for firearm background
check purposes.
(a) Disclosure.--The contents of law enforcement records and
files compiled under 42 Pa.C.S. § 6308 (relating to law
enforcement records) concerning a child shall not be disclosed
to the public except if the child is 14 years of age or older at
the time of the alleged conduct and if any of the following
apply:
(1) The child has been adjudicated delinquent by a court
as a result of an act that constitutes an offense enumerated
in section 6211 (relating to disqualification from possession
or ownership).
(2) A petition alleging delinquency has been filed by a
law enforcement agency alleging that the child has committed
an act that constitutes an offense enumerated in section 6211
and the child previously had been adjudicated delinquent by a
court as a result of an act that included the elements of one
of the offenses.
(b) Limited use.--Notwithstanding any provision of this
section, the contents of law enforcement records and files
concerning any child adjudicated delinquent for the commission
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of any criminal activity described in subsection (a) shall be
recorded in the registry of the Pennsylvania State Police for
the limited purposes of this subchapter.
§ 6228. Challenge to firearm background checks.
(a) Right to challenge.--An individual who is denied the
right to receive, sell, transfer, possess, carry, manufacture or
purchase a firearm as a result of the procedures in section 6225
(relating to firearm background checks) may challenge the
accuracy of that individual's criminal history, juvenile
delinquency history or mental health records reviewed during the
check by submitting a challenge to the Pennsylvania State Police
within 30 days from the date of the denial.
(b) Review of accuracy of records.--The Pennsylvania State
Police shall conduct a review of the accuracy of the information
forming the basis for the denial and shall have the burden of
proving the accuracy of the record.
(c) Notice of findings.--Within 20 days after receiving a
challenge, the Pennsylvania State Police shall notify the
challenger of the basis for the denial, including, but not
limited to, the jurisdiction and docket number of any relevant
court decision and shall provide the challenger an opportunity
to provide additional information for the purposes of the
review. The Pennsylvania State Police shall communicate its
final decision to the challenger within 60 days of the receipt
of the challenge. The decision of the Pennsylvania State Police
shall include all information that formed a basis for the
decision.
(d) Appeal to Attorney General.--If the challenge is ruled
invalid, the individual shall have the right to appeal the
decision to the Attorney General within 30 days of the
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decision. The Attorney General shall conduct a hearing de novo
in accordance with the Administrative Agency Law. The burden of
proof shall be upon the Commonwealth.
(e) Appeal to Commonwealth Court.--An aggrieved party may
appeal the decision of the Attorney General to Commonwealth
Court.
SUBCHAPTER D
LICENSURE
Sec.
6231. Licensure of firearms dealers.
6232. License to carry.
6233. Firearms License Validation System.
6234. Revocation of license to carry.
6235. Disqualification from license to carry.
6236. Exemption from license to carry.
6237. Sportsman's firearm permit.
§ 6231. Licensure of firearms dealers.
(a) Retail dealer required to be licensed.--No retail dealer
shall sell, or otherwise transfer or expose for sale or
transfer, or have in his possession with intent to sell or
transfer, any firearm without being licensed as provided in this
section.
(b) Issuance of license.--A license to sell firearms
directly to the consumer shall be issued in accordance with the
following:
(1) The chief or head of any police force or police
department of a city and, elsewhere, the sheriff of the
county, shall grant a license to a reputable applicant.
(2) The license shall be in the form prescribed by the
Pennsylvania State Police.
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(3) The license shall be effective for three years from
date of issue.
(4) A fee of $30 shall be charged for the issuance of
the license and paid into the county treasury.
(c) Conditions of license.--A license issued under this
section shall be subject to the following and any breach of any
condition shall cause the license to be forfeited and the
licensee to be subject to punishment as provided in this
subchapter:
(1) The conditions specified in sections 6221 (relating
to sale or transfer of firearms), 6222 (relating to sale or
transfer of handguns) and 6223 (relating to sale or transfer
of long guns) shall apply.
(2) The business may be carried on only:
(i) the premises designated in the license; or
(ii) at a lawful gun show or meet.
(3) The license, or a copy certified by the issuing
authority, shall be displayed on the premises where it can
easily be read.
(4) No firearm may be sold in violation of any provision
of this subchapter.
(5) No firearm may be sold under any circumstances
unless the purchaser is individually known to the transferor
or presents clear evidence of the purchaser's identity.
(6) A record of each handgun transaction shall be kept
in accordance with the provisions of section 6222.
(7) No handgun shall be displayed in any part of any
premises where it can readily be seen from the outside.
(8) In the event that the commissioner shall find a
clear and present danger to public safety within this
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Commonwealth or any area thereof, firearms shall be stored
and safeguarded, pursuant to regulations to be established by
the Pennsylvania State Police, by the licensee during the
hours when the licensee is closed for business.
(9) The dealer shall possess all applicable current
revenue licenses.
(d) Revocation.--A license granted under this section may be
revoked for cause by the issuing authority upon written notice
to the licensee.
§ 6232. License to carry.
(a) License required.--No individual may carry a handgun
concealed on or about the individual, or in any vehicle within
this Commonwealth, other than the individual's place of abode or
fixed place of business, without first obtaining a license under
this section.
(b) Who may apply and place of application.--
(1) Subject to paragraph (2), an individual who is 21
years of age or older may apply to a sheriff for a license to
carry.
(2) If an applicant is a resident of this Commonwealth,
the application for a license to carry shall be made to
either of the following:
(i) If the applicant is a resident of a city of the
first class, the chief of police of that city.
(ii) Except as provided in subparagraph (i), the
sheriff of the county in which the applicant resides.
(c) Form of application and content.--An application for a
license to carry shall conform to the following requirements:
(1) The application shall be uniform throughout this
Commonwealth and on a form prescribed by the Pennsylvania
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State Police. The form may contain provisions, not exceeding
one page, to assure compliance with this section. An issuing
authority shall use only the application form prescribed by
the Pennsylvania State Police.
(2) One of the following reasons for obtaining a license
to carry shall be set forth in the application:
(i) Self-defense.
(ii) Employment.
(iii) Hunting and fishing.
(iv) Target shooting.
(v) Gun collecting.
(vi) Another proper reason.
(3) An application form shall be dated and signed by the
applicant and shall contain the following statement:
I am of sound mind. I have never been convicted of a
crime that prohibits me from possessing or acquiring
a firearm under Federal or State law, or if I have
previously been disqualified from possessing or
acquiring a firearm for this reason, the disability
has been removed according to 18 Pa.C.S. § 6216(b)
(relating to relief from disability). I have never
been involuntarily committed to a mental institution,
or if I have previously been disqualified from
possessing or acquiring a firearm for this reason,
the disability has been removed according to 18
Pa.C.S. § 6216(c). I hereby certify that the
statements contained herein are true and correct to
the best of my knowledge and belief. I understand
that, if I knowingly make any false statements
herein, I am subject to penalties prescribed by
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law. I authorize the sheriff, or the designee of the
sheriff, or, in the case of first class cities, the
chief or head of the police department, or the
designee of the chief or head of the police
department, to inspect only those records or
documents relevant to information required for this
application. If I am issued a license and knowingly
become ineligible to legally possess or acquire
firearms, I will promptly notify the sheriff of the
county in which I reside or, if I reside in a city of
the first class, the chief of police of that city.
(d) Sheriff to conduct investigation.--The sheriff to whom
the application is made shall perform all of the following:
(1) Investigate the applicant's record of criminal
conviction.
(2) Investigate whether or not the applicant is under
indictment for or has ever been convicted of a crime
punishable by imprisonment exceeding one year.
(3) Investigate whether the applicant's character and
reputation are such that the applicant will not be likely to
act in a manner dangerous to public safety.
(4) Investigate whether the applicant would be precluded
from receiving a license under this chapter.
(5) Conduct a firearm background check following the
procedures set forth in sections 6221 (relating to sale or
transfer of firearms) and 6222 (relating to sale or transfer
of handguns), receive a unique approval number for that
inquiry and record the date and number on the application.
(e) Grant or denial of license.--
(1) After an investigation not to exceed 45 days, the
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sheriff shall issue a license to carry to an applicant if it
appears that there exists no good cause for the applicant to
be denied the license.
(2) The sheriff may refuse to issue a license on the
basis of the investigation under subsection (d) and the
accuracy of the information contained in the application.
(3) If the sheriff refuses to issue a license, the
sheriff shall notify the applicant in writing of the refusal
and the specific reasons for the refusal. The notice shall be
sent by certified mail to the applicant at the address set
forth in the application.
(f) License form and content.--A license to carry shall be
uniform throughout this Commonwealth and in a form prescribed by
the Pennsylvania State Police. The license shall bear the
following:
(1) The name, address, date of birth, race, sex,
citizenship, height, weight, color of hair, color of eyes and
signature of the licensee.
(2) The signature of the sheriff issuing the license.
(3) A license number of which the first two numbers
shall be a county location code followed by numbers issued in
numerical sequence.
(4) The point-of-contact telephone number designated by
the Pennsylvania State Police under section 6233 (relating to
Firearms License Validation System).
(5) The reason for issuance.
(6) The period of validation.
(7) A photograph of the licensee in a form compatible
with the Commonwealth Photo Imaging Network.
(g) Disposition of license.--The original license shall be
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issued to the applicant. The first copy of the license shall be
forwarded to the Pennsylvania State Police within seven days of
the date of issue. The second copy shall be retained by the
issuing authority for a period of seven years. Except pursuant
to court order, both copies and the application shall, at the
end of the seven-year period, be destroyed unless the license
has been renewed within the seven-year period.
(h) Term of license.--
(1) A license to carry issued under this section is
valid throughout this Commonwealth for a period of five years
unless extended under paragraph (3) or sooner revoked.
(2) At least 60 days prior to the expiration of each
license, the issuing sheriff shall send to the licensee an
application for renewal of license. Failure to receive a
renewal application does not relieve a licensee from the
responsibility to renew the license.
(3) Notwithstanding paragraph (1) or any other provision
of law to the contrary, a license to carry a firearm that is
held by a member of the armed forces of the United States or
the Pennsylvania National Guard on Federal active duty and
deployed overseas that is scheduled to expire during the
period of deployment shall be extended until 90 days after
the end of the deployment.
(4) Possession of a license, together with a copy of the
individual's military orders showing the dates of overseas
deployment, including the date that the overseas deployment
ends, shall constitute, during the extension period specified
in paragraph (3), a defense to any charge filed pursuant to
this section or section 6241(c) (relating to other firearms
restrictions).
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(i) Proof of license.--
(1) Upon the lawful demand of a law enforcement officer,
an individual carrying a firearm concealed on or about the
individual or in a vehicle shall:
(i) produce the license to carry for inspection by
the law enforcement officer; or
(ii) if the individual claims an exception under
section 6236 (relating to exemption from license to
carry), produce satisfactory evidence of qualification
for exception to the law enforcement officer.
(2) Failure to produce a license to carry either at the
time of arrest or at the preliminary hearing shall create a
rebuttable presumption of nonlicensure.
(j) Emergency circumstances.--
(1) If an individual provides evidence of imminent
danger to the individual or a child of the individual, the
person receiving the individual's application for a license
to carry under this section shall provide expedited
procedures regarding the application, investigation and
decision-making processes under subsections (c), (d) and (e),
taking into consideration the nature of the emergency
circumstances that warrant the expedited procedures.
(2) The commissioner may establish an additional fee for
an initial license to carry granted as a result of an
expedited process under this subsection, which additional fee
may not exceed the actual cost of conducting a criminal
background check on the individual or $10, whichever is less.
(3) As used in this subsection, the term "evidence of
imminent danger" shall mean a written document that:
(i) is prepared by the Attorney General, a district
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attorney, a chief law enforcement officer as defined in
42 Pa.C.S. § 8951 (relating to definitions), a judicial
officer as defined in 42 Pa.C.S. § 102 (relating to
definitions) or a designee of any one of them; and
(ii) describes the facts that give an individual
reasonable cause to fear a criminal attack upon the
individual or a child of the individual, where the child
is under 21 years of age.
(k) Fees.--Fees may be collected for a license to carry,
subject to the following conditions:
(1) In addition to the fee described in paragraph (2),
the fee for a license to carry shall be $19, which includes
both of the following:
(i) A renewal notice processing fee of $1.50.
(ii) An administrative fee of $5 under section 14(2)
of the act of July 6, 1984 (P.L.614, No.127), known as
the Sheriff Fee Act.
(2) An additional fee of $1 shall be paid by the
applicant for a license to carry and shall be remitted by the
sheriff to the Firearms License Validation System Account,
which is established as a special restricted receipt account
within the General Fund of the State Treasury. The account
shall be used for purposes set forth in section 6233
(relating to Firearms License Validation System). Money
credited to the account and any investment income accrued are
appropriated on a continuing basis to the Pennsylvania State
Police.
(3) No fee other than that provided by this subsection
or the Sheriff Fee Act may be assessed by the sheriff for the
performance of any background check made under this chapter.
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(4) A fee under this subsection is payable to the
sheriff to whom the application is submitted and is payable
at the time of application for the license.
(5) Except for the administrative fee of $5 under
section 14(2) of the Sheriff Fee Act, fees regarding an
application for a license to carry shall be refunded if the
license is denied.
(6) No fee under this subsection may be refunded if a
license to carry had been issued and is subsequently revoked.
(l) Immunity.--A sheriff who complies in good faith with
this section is immune from liability resulting or arising from
the action or misconduct with a firearm committed by any
individual to whom a license to carry has been issued.
(m) Construction.--Nothing in this section shall be
construed to:
(1) Permit the hunting or harvesting of any wildlife
with a firearm or ammunition not otherwise permitted by 34
Pa.C.S. (relating to game).
(2) Authorize a Commonwealth agency to regulate the
possession of firearms in any manner inconsistent with the
provisions of this title.
§ 6233. Firearms License Validation System.
(a) Establishment.--The Pennsylvania State Police shall
establish a nationwide toll-free telephone number, known as the
Firearms License Validation System, which shall be operational
seven days a week, 24 hours per day, to respond to law
enforcement inquiries regarding the validity of a Pennsylvania
license to carry.
(b) Limited access.--Notwithstanding any other law regarding
the confidentiality of information, inquiries to the Firearms
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License Validation System regarding the validity of a
Pennsylvania license to carry may only be made by law
enforcement individuals acting within the scope of their
official duties.
(c) Out-of-state inquiries.--Inquiries from law enforcement
individuals from outside this Commonwealth shall be subject to
the following:
(1) The inquiring individuals shall provide their
originating agency identifier number and the license number
of the license to carry that is the subject of the inquiry.
(2) Responses shall be limited to the name of the
license holder, the validity of the license and any
information that may be provided to a criminal justice agency
under Chapter 91 (relating to criminal history record
information).
§ 6234. Revocation of license to carry.
(a) Revocation for good cause.--A license to carry may be
revoked by the issuing authority for good cause.
(b) Disqualified holders.--A license to carry shall be
revoked by the issuing authority for any reason stated in
section 6235 (relating to disqualification from license to
carry) that occurs during the term of the permit.
(c) Notice.--Notice of revocation shall be:
(1) In writing and state the specific reason for
revocation.
(2) Sent by certified mail to the individual whose
license is revoked. At the same time, notice shall also be
provided to the Pennsylvania State Police by electronic
means, including e-mail or facsimile transmission, that the
license is no longer valid.
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(d) Surrender of license.--An individual whose license is
revoked must surrender the license to the issuing authority
within five days of receipt of the notice.
(e) Appeal of revocation.--An individual whose license is
revoked may appeal to the court of common pleas for the judicial
district in which the individual resides.
§ 6235. Disqualification from license to carry.
A license may not be issued to any of the following:
(1) An individual whose character and reputation is such
that the individual would be likely to act in a manner
dangerous to public safety.
(2) An individual who has been convicted of an offense
under the act of April 14, 1972 (P.L.233, No.64), known as
The Controlled Substance, Drug, Device and Cosmetic Act.
(3) An individual convicted of a crime enumerated in
section 6211 (relating to disqualification from possession or
ownership).
(4) An individual who, within the past ten years, has
been adjudicated delinquent for a crime enumerated in section
6211 or for an offense under The Controlled Substance, Drug,
Device and Cosmetic Act.
(5) An individual who has been adjudicated as
incapacitated under 20 Pa.C.S. Ch. 55 (relating to
incapacitated persons) to possess a firearm or who has ever
been involuntarily committed to a mental institution for
inpatient care and treatment.
(6) An individual who is addicted to or is an unlawful
user of marijuana or a stimulant, depressant or narcotic
drug.
(7) An individual who is a habitual drunkard.
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(8) An individual who is charged with or has been
convicted of a crime punishable by imprisonment for a term
exceeding one year except as provided for in section 6217
(relating to effect of Federal waiver or pardon).
(9) A resident of another state who does not possess a
current license or permit or similar document to carry a
firearm issued by that state if a license is provided for by
the laws of that state, as published annually in the Federal
Register by the Bureau of Alcohol, Tobacco and Firearms of
the Department of the Treasury under 18 U.S.C. § 921(a)(19)
(relating to definitions).
(10) An alien who is illegally in the United States.
(11) An individual who has been discharged from the
armed forces of the United States under dishonorable
conditions.
(12) An individual who is a fugitive from justice. This
paragraph does not apply to an individual whose fugitive
status is based upon nonmoving or moving summary offense
under 75 Pa.C.S. (relating to vehicles).
(13) An individual who is otherwise prohibited from
possessing, using, manufacturing, controlling, purchasing,
selling or transferring a firearm as provided by section
6211.
(14) An individual who is prohibited from possessing or
acquiring a firearm under the statutes of the United States.
§ 6236. Exemption from license to carry.
(a) General rule.--The following individuals may not be
required to obtain a license to carry in order to carry a
handgun concealed on or about the person or in a vehicle within
this Commonwealth:
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(1) Any of the following:
(i) A constable, sheriff or prison or jail warden.
(ii) A deputy of a person under subparagraph (i).
(iii) A police officer of this Commonwealth or any
of its political subdivisions.
(iv) Another law enforcement officer not otherwise
described in this paragraph.
(2) A member of the Army, Navy, Marine Corps, Air Force
or Coast Guard of the United States or of the National Guard
or organized reserves when on duty.
(3) A regularly enrolled member of an organization duly
organized to purchase or receive firearms from the United
States or this Commonwealth.
(4) An individual engaged in target shooting with a
firearm, if the individual is at or is going to or from a
place of assembly or target practice and if, while so going,
the firearm is not loaded.
(5) An officer or employee of the United States duly
authorized to carry a concealed firearm.
(6) An agent, messenger or other employee of a common
carrier, bank or business firm, whose duties require the
individual to protect moneys, valuables and other property in
the discharge of the individual's duties.
(7) An individual engaged in the business of
manufacturing, repairing or dealing in firearms, or the agent
or representative of the individual, who possesses, uses or
carries a firearm in the usual or ordinary course of the
business.
(8) An individual who carries a firearm, which is not
loaded and is in a secure wrapper:
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(i) from the place of purchase to the individual's
home or place of business;
(ii) to a place of repair, sale or appraisal and
back to the individual's home or place of business;
(iii) while moving from one place of abode or
business to another;
(iv) from the individual's home to a vacation or
recreational home or dwelling and back to the
individual's home;
(v) to recover stolen property under section 6215(c)
(relating disposition of firearms in law enforcement
custody);
(vi) to a place of instruction intended to teach the
safe handling, use or maintenance of firearms and back to
the individual's home or place of business;
(vii) to a location to which the individual has been
directed to relinquish firearms under 23 Pa.C.S. § 6108
(relating to relief) and back upon return of the
relinquished firearm;
(viii) to a licensed dealer's place of business for
relinquishment under 23 Pa.C.S. § 6108.2 (relating to
relinquishment for consignment sale, lawful transfer or
safekeeping) and back upon return of the relinquished
firearm; or
(ix) to a location for safekeeping under 23 Pa.C.S.
§ 6108.3 (relating to relinquishment to third party for
safekeeping) and back upon return of the relinquished
firearm.
(9) An individual licensed to hunt, take furbearers or
fish in this Commonwealth, if the individual is:
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(i) actually hunting, taking furbearers or fishing
as permitted by the license; or
(ii) going to or from the place where the individual
desires to hunt, take furbearers or fish.
(10) An individual training dogs, if the individual is
actually training dogs during the regular training season.
(11) An individual who is carrying a handgun in a
vehicle, if the individual possesses a valid and lawfully
issued license for that handgun, which license has been
issued under the laws of the United States or another state.
(12) An individual who has a lawfully issued license to
carry pursuant to section 6232 (relating to license to carry)
and:
(i) the license expired within six months prior to
the date of arrest; and
(ii) the individual is otherwise eligible for
renewal of the license to carry.
(13) An individual who is:
(i) otherwise eligible to possess a handgun under
this chapter; and
(ii) operating a motor vehicle that is registered in
the individual's name or the name of the individual's
spouse or parent, where the motor vehicle contains a
handgun for which a valid license to carry has been
issued pursuant to section 6232 to the individual's
spouse or parent owning the firearm.
(14) An individual lawfully engaged in the interstate
transportation of a firearm as defined under 18 U.S.C. §
921(a)(3) (relating to definitions) in compliance with 18
U.S.C. § 926A (relating to interstate transportation of
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firearms).
(15) An individual who possesses a valid and lawfully
issued license or permit to carry that has been issued under
the laws of another state, regardless of whether a
reciprocity agreement exists between the Commonwealth and the
state under section 6244 (relating to relationship to other
states' firearms laws) if:
(i) the state provides a reciprocal privilege for
individuals licensed to carry under section 6232; and
(ii) the Attorney General has determined that the
firearm laws of the state are similar to the firearm laws
of this Commonwealth.
(16) An individual holding a license in accordance with
section 6232(h)(3).
(b) Effect of other inconsistent law.--Notwithstanding the
provisions of section 7506 (relating to violation of rules
regarding conduct on Commonwealth property), 75 Pa.C.S. § 7727
(relating to additional limitations on operation) or the act of
June 28, 1995 (P.L.89, No.18), known as the Conservation and
Natural Resources Act, and regulations promulgated under that
act, a handgun may be carried concealed on or about the person
or in a vehicle within this Commonwealth by:
(1) A law enforcement officer whose current
identification as a law enforcement officer shall be
construed as a valid license to carry.
(2) An individual licensed to carry.
(c) Definition.--As used in this section, the phrase "place
of instruction" shall include a hunting club, rifle club, rifle
range, pistol range, shooting range, the premises of a licensed
dealer or a lawful gun show or meet.
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§ 6237. Sportsman's firearm permit.
(a) Requirement.--Before any exception may be granted under
section 6236(a)(9) or (10) (relating to exemption from license
to carry) to an individual who is 18 years of age or older and
who is licensed to hunt, trap or fish or who has been issued a
permit relating to hunting dogs, that individual shall secure a
sportsman's firearm permit from the county treasurer.
(b) Application.--An application for a permit under this
section shall be subject to the following:
(1) An application may be made at the time of securing a
hunting, furtaking or fishing license or any time after that
license is issued.
(2) A permit under this section shall be issued
immediately and be valid throughout this Commonwealth for a
period of five years from the date of issue for a legal
handgun when carried in conjunction with a valid hunting,
furtaking or fishing license or permit relating to hunting
dogs.
(3) A permit under this section shall be in triplicate
on a form to be furnished by the Pennsylvania State Police.
(4) The original permit shall be delivered to the
applicant. Within seven days, the first copy of the permit
shall be forwarded to the commissioner by the county
treasurer. The second copy of the permit shall be retained by
the county treasurer for a period of two years from the date
of expiration.
(c) Fee.--The county treasurer may collect a fee of not more
than $6 for each permit issued, which shall include the cost of
any official form. The Pennsylvania State Police may recover
from the county treasurer the cost of the form but may not
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charge more than $1 for each official permit form furnished to
the county treasurer.
(d) Revocation of permit.--Upon written notice to the holder
of the revocation, a permit issued under this section may be
revoked by the county treasurer who issued it.
SUBCHAPTER E
SAFETY AND RESPONSIBILITY
Sec.
6241. Other firearms restrictions.
6242. (Reserved).
6243. Firearms safety.
6244. Relationship to other states' firearms laws.
6245. Carrying explosives on conveyances.
6246. Shipping explosives.
§ 6241. Other firearms restrictions.
(a) Carrying loaded weapons other than handguns.--
(1) No individual may carry a loaded pistol, revolver,
shotgun or rifle in any vehicle, except as follows:
(i) As provided in 34 Pa.C.S. (relating to game).
(ii) With respect to an individual exempt from the
requirement of a license to carry under section 6236(a)
(1), (2), (5) or (6) (relating to exemption from license
to carry).
(2) Paragraph (1) shall not be construed to permit an
individual to carry a handgun in a vehicle if that conduct is
prohibited by section 6232 (relating to license to carry).
(b) Carrying firearms during an emergency.--No individual
may carry a firearm upon the public streets or public property
during an emergency proclaimed by a State or municipal
governmental executive unless the individual is:
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(1) actively engaged in a defense of that individual's
life or property from peril or threat; and
(2) licensed to carry under section 6232 or exempt from
licensing under section 6236.
(c) Carrying firearms on public streets or public property
in city of the first class.--No individual may carry a handgun,
rifle or shotgun at any time upon the public streets or public
property in a city of the first class unless the individual is
licensed to carry under section 6232 or exempt from licensing
under section 6236.
(d) Possession of a handgun by minor.--No individual under
18 years of age may possess or transport a handgun anywhere in
this Commonwealth except as follows:
(1) The individual is under the supervision of a parent,
grandparent, legal guardian or an adult acting with the
expressed consent of the minor's custodial parent or legal
guardian and either:
(i) The individual is engaged in lawful activity,
including safety training, lawful target shooting or
engaging in an organized competition involving the use of
a handgun.
(ii) The handgun is unloaded and the individual is
transporting it for a lawful purpose.
(2) The individual is lawfully hunting or trapping in
accordance with 34 Pa.C.S. (relating to game).
§ 6242. (Reserved).
§ 6243. Firearms safety.
(a) Parental responsibility for firearm safety.--An
individual living in the same residence with a child under 13
years of age shall make reasonable efforts to safely store and
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secure all firearms in the residence.
(b) Notice.--Firearms safety brochures provided under
subsection (c) shall contain:
(1) information regarding the obligation and potential
criminal consequences for failure to comply under subsection
(a); and
(2) guidance on appropriate methods of securing
firearms.
(c) Firearms safety brochures.--The Pennsylvania State
Police shall distribute to every licensed dealer in this
Commonwealth firearms safety brochures at no cost to the
dealer. The brochure or a copy of the brochure shall be provided
without charge to each purchaser. The brochures shall be written
by the Pennsylvania State Police with the cooperation of the
Pennsylvania Game Commission and shall include a summary of the
major provisions of this chapter, including the duties of the
sellers and purchasers of firearms.
§ 6244. Relationship to other states' firearms laws.
(a) Purchase of long guns outside Commonwealth.--Nothing in
this chapter shall be construed to prohibit an individual in
this Commonwealth who may lawfully purchase, possess, use,
control, sell, transfer or manufacture a long gun from lawfully
purchasing or otherwise obtaining a long gun in a jurisdiction
outside this Commonwealth.
(b) Authorization to enter reciprocity agreements.--The
Attorney General may enter into reciprocity agreements with
other states providing for the mutual recognition of a license
to carry issued by this Commonwealth and a license or permit to
carry a handgun issued by the other state. In the performance of
this duty, the Attorney General has the following powers and
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duties:
(1) Negotiate reciprocity agreements and grant
recognition of a license or permit to carry a handgun issued
by another state.
(2) Annually report to the General Assembly concerning
the agreements that have been consummated under this
subsection.
(3) Not less than once annually, contact in writing the
appropriate authorities in another state that do not have a
current reciprocity agreement with the Commonwealth to
determine whether:
(i) the other state will negotiate a reciprocity
agreement;
(ii) an individual licensed to carry in this
Commonwealth may carry a concealed handgun in the other
state; or
(iii) an individual licensed to carry in this
Commonwealth may apply for a license or permit to carry a
concealed handgun issued by the other state.
(4) Maintain a current list of those states that:
(i) have a reciprocity agreement with the
Commonwealth;
(ii) allow individuals licensed to carry in this
Commonwealth to carry a concealed handgun; or
(iii) allow individuals licensed to carry in this
Commonwealth to apply for a license or permit to carry a
handgun.
(c) Public access to list.--The list under subsection (b)(4)
shall be posted on the Internet, provided to the Pennsylvania
State Police and made available to the public upon request.
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§ 6245. Carrying explosives on conveyances.
(a) Offense defined.--A person who has in his custody or
about his person any nitroglycerine or other explosive, other
than as freight regularly shipped as such, commits a misdemeanor
of the second degree if the person enters into or upon:
(1) A railroad train, locomotive, tender or car thereof.
(2) An automobile or other conveyance used for the
carrying of freight or passengers.
(b) Powers of crew.--The conductor or person having charge
and control of a railroad train, coach or other conveyance for
the carriage of freight or passengers, may arrest an individual
found violating this section and detain the individual until
reaching some place, where the individual may be delivered to a
constable or other police authority.
(c) Venue.--An individual committing an offense under this
section may be prosecuted in a county through which the public
conveyance passes, without reference to the place where the
individual was arrested.
§ 6246. Shipping explosives.
(a) Offense defined.--A person commits a misdemeanor of the
third degree if the person knowingly delivers, or causes to be
delivered, to a transportation company or a person engaged in
the business of transportation, explosive material adapted for
blasting or another purpose for which the material may be used
in either of the following circumstances:
(1) Under a false or deceptive invoice or description.
(2) Without:
(i) informing the carrier, at or before the time
when the delivery is made, of the true nature of the
material delivered; and
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(ii) having the keg, barrel, can or package
containing the material plainly marked with the name of
the explosive material therein contained, together with
the word "dangerous."
(b) Damages.--In addition to any other penalty, a person
convicted of an offense under this section is responsible for
all damages to persons or property directly or indirectly
resulting from the explosion of the material.
(c) Opening of suspected containers.--Upon affidavit made of
the fact that a container tendered for transportation, not in
compliance with this section, is believed to contain explosive
material, a person engaged in the business of transportation may
require the container to be opened and refuse to receive the
container unless there is compliance with that requirement.
(d) Disposition of explosives.--If a container is opened and
found to contain explosive material, the container and its
contents shall be removed to a lawful place for the storing of
explosives. After conviction of the offender, or after three
months from the removal, the following shall occur:
(1) The container, with its contents, shall be sold at
public sale, after the expiration of ten days from notice of
the time and place of the sale, published in one newspaper in
the county where the seizure was made.
(2) The proceeds of the sale, after deducting the
expenses of removal, storage, advertisement and sale, shall
be paid into the treasury of the county.
SUBCHAPTER F
STRAW PURCHASE PREVENTION EDUCATION PROGRAM
Sec.
6251. Scope of subchapter.
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6252. Legislative findings and declarations.
6253. Definitions.
6254. Straw Purchase Prevention Education Program.
6255. Powers and duties of Attorney General.
6256. Straw Purchase Prevention Education Fund.
§ 6251. Scope of subchapter.
This subchapter provides for the establishment of the Straw
Purchase Prevention Education Program within the Office of
Attorney General.
§ 6252. Legislative findings and declarations.
The General Assembly finds and declares that:
(1) The illegal purchase of firearms throughout this
Commonwealth is a threat to public safety and security.
(2) Urban areas are experiencing increased violence as a
result of criminal misuse of firearms. Stemming the flow of
these illegal firearms through straw purchases will help to
curb the crime rate throughout this Commonwealth and increase
public safety.
(3) Advancing public safety can be accomplished by
educating the public that illegally purchasing a firearm for
someone otherwise prohibited from possessing a firearm is a
serious crime punishable under Federal law by ten years of
imprisonment.
(4) Committed to educating firearms dealers and the
general public, the National Shooting Sports Foundation, in
partnership with the Bureau of Alcohol, Tobacco, Firearms and
Explosives, in July 2000 created the "Don't Lie for the Other
Guy" program.
(5) The "Don't Lie for the Other Guy" program was
developed to raise public awareness that it is a serious
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crime to purchase a firearm for someone who cannot legally do
so and to educate firearms dealers on how to better detect
and deter potential straw purchases. The campaign delivers
the message that anyone attempting an illegal firearm
purchase faces a stiff Federal penalty.
(6) The "Don't Lie for the Other Guy" program is vital
to educating federally licensed firearms dealers and their
employees on how to recognize and deter the illegal purchase
of firearms through straw purchases. This program is an
important tool for the Bureau of Alcohol, Tobacco, Firearms
and Explosives to pursue its mission of preventing terrorism,
reducing violent crime and protecting the public.
(7) The nationally recognized "Don't Lie for the Other
Guy" program has been endorsed by United States attorneys
throughout the nation, various law enforcement agencies, the
Bureau of Alcohol, Tobacco, Firearms and Explosives and the
Department of Justice.
(8) It is in the best interest of this Commonwealth to
establish a Straw Purchase Prevention Education Program
within the Office of Attorney General to provide resources
and direct grant money to the "Don't Lie for the Other Guy"
program and similar programs that offer straw purchase
prevention education.
§ 6253. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Fund." The Straw Purchase Prevention Education Fund
established in section 6256 (relating to Straw Purchase
Prevention Education Fund).
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"Program." The Straw Purchase Prevention Education Program
established in section 6254 (relating to Straw Purchase
Prevention Education Program).
§ 6254. Straw Purchase Prevention Education Program.
(a) Establishment.--The Straw Purchase Prevention Education
Program is established and shall provide resources and direct
grant money to underwrite the cost of implementing an
educational and public service outreach program in the
community.
(b) Outreach.--The educational and public service outreach
program shall inform individuals of the illegal nature of
purchasing a firearm for an individual prohibited from owning
firearms. The outreach program shall be developed by a not-for-
profit organization that:
(1) Is a national trade association representing the
shooting, hunting and firearm industry.
(2) Has a membership consisting of firearm
manufacturers, firearm distributors, firearm retailers,
publishers and sportsmen's organizations.
(3) Has been in existence for at least 50 years prior to
the effective date of this section.
(c) Priority of grants.--Grants shall be prioritized based
on the highest incidence of firearm violence in a county of this
Commonwealth.
§ 6255. Powers and duties of Attorney General.
In addition to any other powers and duties, the Attorney
General of the Commonwealth shall:
(1) Establish a grant program to provide moneys from the
fund under section 6254 (relating to Straw Purchase
Prevention Education Program).
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(2) Promulgate rules and regulations to carry out the
provisions of this subchapter.
§ 6256. Straw Purchase Prevention Education Fund.
(a) Establishment.--The Straw Purchase Prevention Education
Fund is established in the State Treasury as a restricted
account. The fund shall consist of funds appropriated by the
General Assembly.
(b) Continuing appropriation.--All moneys in the fund and
the interest accruing thereon are appropriated to the Office of
Attorney General on a continuing basis to carry out this
subchapter.
SUBCHAPTER G
VIOLATIONS
Sec.
6261. Violations in general.
6262. Felony violations.
6263. Misdemeanor violations.
6264. Summary offenses.
6265. Other legal consequences.
6266. Civil liability.
6267. Second and subsequent violations of sale or transfer of
firearms provisions.
§ 6261. Violations in general.
(a) Crimes committed with handguns.--An individual who
commits or attempts to commit a crime enumerated in section 6211
(relating to disqualification from possession or ownership) when
armed with a handgun contrary to the provisions of this chapter,
that individual may, in addition to the punishment provided for
the crime, also be punished as provided by this subchapter.
(b) Evidence of intent.--In the trial of an individual for
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committing or attempting to commit a crime enumerated in section
6211, the fact that the individual was armed with a handgun,
used or attempted to use, and had no license to carry the
handgun, is evidence of that individual's intention to commit
the offense.
(c) Imputed criminal liability.--Notwithstanding section 306
(relating to liability for conduct of another; complicity) or
any other statute to the contrary, any individual or seller who
knowingly and intentionally sells, delivers or transfers a
firearm in violation of this chapter who has reason to believe
that the firearm is intended to be used in the commission of a
crime or attempt to commit a crime shall be criminally liable
for the crime or attempted crime.
(d) Default violation.--Except as otherwise specifically
provided, an offense under this subchapter constitutes a
misdemeanor of the first degree.
§ 6262. Felony violations.
(a) Felony of the second degree.--The following offenses are
felonies of the second degree:
(1) A violation of section 6211(a) (relating to
disqualification from possession or ownership) or 6212
(relating to disqualification based on protection from abuse
order) by an individual convicted of an offense under section
6211(b) or a felony under the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, or any equivalent Federal statute or equivalent
statute of another state.
(2) Possessing a firearm that has had the manufacturer's
number integral to the frame or receiver altered, changed,
removed or obliterated.
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(3) Changing, altering, removing or obliterating the
manufacturer's number integral to the frame or receiver of
any firearm.
(b) Felony of the third degree.--The following offenses are
felonies of the third degree:
(1) Except as provided in section 6263 (relating to
misdemeanor violations) and except in an individual's place
of residence or fixed place of business, carrying a handgun
in a vehicle or concealed on or about the individual without
a valid and lawfully issued license to carry issued under
this chapter.
(2) Except as provided in section 6222(g) (relating to
sale or transfer of handguns), knowingly and intentionally
delivering to or providing a handgun to an individual under
18 years of age.
(3) Any of the following knowing and intentional acts by
a person or seller:
(i) Selling, delivering or transferring a firearm
under circumstances intended to provide a firearm to any
person, purchaser or transferee who is unqualified or
ineligible to control, possess or use a firearm under
this chapter.
(ii) Requesting a criminal history, juvenile
delinquency or mental health record check or other
confidential information from the Pennsylvania State
Police under this chapter for any purpose other than
compliance with this chapter.
(iii) Disseminating a criminal history, juvenile
delinquency or mental health record or other confidential
information to any person other than the subject of the
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information.
(iv) Obtaining or furnishing information collected
or maintained under section 6232 (relating to license to
carry) for a purpose other than compliance with this
chapter.
(v) Disseminating, publishing or otherwise making
available information described in subparagraph (ii) to a
person other than the subject of the information.
(4) Any of the following knowing and intentional acts by
person, purchaser or transferee, in connection with the
purchase, delivery or transfer of a firearm under this
chapter:
(i) Making a materially false oral statement.
(ii) Making a materially false written statement,
including a statement on a form promulgated by a Federal
or State agency.
(iii) Willfully furnishing or exhibiting false
identification intended or likely to deceive the seller,
licensed dealer or licensed manufacturer.
(5) Possessing, using or attempting to use armor-
piercing ammunition while committing or attempting to commit
a crime enumerated under section 6211(b).
§ 6263. Misdemeanor violations.
(a) Misdemeanor of first degree.--An individual who carries
a handgun in a vehicle or concealed on or about the individual
and who does not have a license to carry issued under section
6232 (relating to license to carry) commits a misdemeanor of the
first degree, if both of the following apply:
(1) The individual is otherwise eligible to apply for a
license to carry.
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(2) The individual has not committed any other criminal
violation.
(b) Misdemeanor of second degree.--A person or seller who
knowingly and intentionally sells, delivers or transfers a
firearm in violation of section 6221 (relating to sale or
transfer of firearms), 6222 (relating to sale or transfer of
handguns) or 6223 (relating to sale or transfer of long guns)
commits a misdemeanor of the second degree.
§ 6264. Summary offenses.
The following offenses are summary offenses:
(1) Selling or attempting to sell a sportsman's firearm
permit for a fee in excess of the amount fixed in section
6237 (relating to sportsman's firearm permit).
(2) Selling or attempting to sell a license to carry for
a fee in excess of the amount fixed in section 6232 (relating
to license to carry).
(3) Violating section 6234 (relating to revocation of
license to carry).
(4) Carrying a loaded weapon other than a handgun in
violation of section 6241(a) (relating to other firearms
restrictions).
(5) Violating the requirements related to locking
devices set forth in section 6222(e) (relating to sale or
transfer of handguns).
§ 6265. Other legal consequences.
(a) Forfeiture of handgun.--A handgun in the possession of
an individual under 18 years of age in violation of section
6241(d) (relating to other firearms restrictions) shall be
promptly seized by the arresting law enforcement officer. Upon
conviction or adjudication of delinquency, the handgun shall be
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forfeited or, if the handgun had been stolen, returned to the
lawful owner.
(b) License to sell firearms revoked.--A person or seller
convicted under section 6262(b)(3)(i) (relating to felony
violations) is subject to revocation of the license to sell
firearms for a period of three years.
(c) Confidentiality violations.--A person, licensed dealer,
State or local governmental agency or department that violates
section 6225(e) (relating to firearm background checks) shall be
liable in civil damages in the amount of $1,000 per occurrence
or three times the actual damages incurred as a result of the
violation, whichever is greater, as well as reasonable attorney
fees.
(d) Retention of records.--A person who knowingly and
intentionally maintains or fails to destroy any information
submitted to the Pennsylvania State Police for a firearm
background check related to the purchase of a long gun in
violation of section 6223(d)(6) or (7) (relating to sale or
transfer of long guns) or maintains a firearms registry in
violation of section 6207(a) (relating to preservation of
constitutional rights) is subject to a civil penalty of $250 per
violation, entry or failure to destroy.
(e) False information.--The furnishing of false information
or offering false evidence of identity is a violation of section
4904 (relating to unsworn falsification to authorities).
(f) Sentencing for offenses involving armor-piercing
ammunition.--
(1) Subject to paragraph (2), in addition to punishment
provided for an offense under section 6211(b) (relating to
disqualification from possession or ownership), the following
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shall be sentenced to a term of imprisonment for not less
than five years:
(i) A person who is convicted in any court of this
Commonwealth of the crime and who uses or carries, in the
commission of the crime, a firearm loaded with armor-
piercing ammunition.
(ii) A person who violates section 6262(b)(5).
(2) Notwithstanding any other provision of law:
(i) The court may not suspend the sentence of a
person subject to this subsection nor place the person on
probation.
(ii) The term of imprisonment of a person subject to
this subsection may not run concurrently with another
term of imprisonment, including that imposed for the
crime in which the KTW armor-piercing ammunition was
being used or carried.
(iii) A person sentenced under this subsection is
ineligible for parole.
§ 6266. Civil liability.
(a) Sale of firearm used in commission of crime.--A person
or seller who knowingly and intentionally sells or delivers a
firearm in violation of this chapter who has reason to believe
that the firearm is intended to be used in the commission of a
crime or attempt to commit a crime shall be liable in the amount
of the civil judgment for injuries suffered by a person so
injured by the crime or attempted crime.
(b) Sale of locking devices.--
(1) A seller who in good faith complies with the
provisions of subsection 6222(e) (relating to sale or
transfer of handguns) is not civilly liable as a result of
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compliance with that subsection, except for an act or
omission intentionally designed to harm or for a grossly
negligent act or omission that results in harm.
(2) An individual's purchase of a locking device in
conjunction with the purchase of a handgun under subsection
6222(e) is inadmissible as evidence in a civil action brought
against the purchaser.
§ 6267. Second and subsequent violations of sale or transfer of
firearms provisions.
(a) Ramifications.--A second or subsequent violation of
section 6221 (relating to sale or transfer of firearms), 6222
(relating to sale or transfer of handguns) or 6223 (relating to
sale or transfer of long guns) is subject to the following:
(1) The violation shall be a felony of the second
degree.
(2) An individual who at the time of sentencing has been
convicted of another offense under sections 6221, 6222 or
6223 shall be sentenced to a mandatory minimum sentence of
imprisonment of five years.
(3) A second or subsequent offense shall also result in
permanent revocation of a license to sell, import or
manufacture a firearm.
(b) Notice.--Notice of the applicability of this section to
the defendant and reasonable notice of the Commonwealth's
intention to proceed under this section shall be provided prior
to trial.
(c) Applicability.--The applicability of this section shall
be determined at sentencing.
(d) Evidence.--The court shall consider evidence presented
at trial, afford the Commonwealth and the defendant an
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opportunity to present necessary additional evidence and
determine by a preponderance of the evidence if this section is
applicable.
(e) Restrictions on sentencing.--A court may not impose on a
defendant to which this section is applicable a lesser sentence
than provided for in subsection (a), place the defendant on
probation or suspend the defendant's sentence. Nothing in this
section prevents the sentencing court from imposing a sentence
greater than that provided in this section. Sentencing
guidelines promulgated by the Pennsylvania Commission on
Sentencing do not supersede the mandatory sentences provided in
this section.
(f) Appeals.--If a sentencing court refuses to apply this
section where applicable, the Commonwealth has the right to
appellate review of the action of the sentencing court. The
appellate court shall vacate the sentence and remand the case to
the sentencing court for imposition of a sentence in accordance
with this section if it finds that the sentence was imposed in
violation of this section.
(g) Determination of multiple offenses.--For the purposes of
this section, a person shall be deemed to have been convicted of
another offense under this section whether or not judgment of
sentence has been imposed for that violation.
Section 3. The definition of "firearm" in section 6102(a) of
Title 23 is amended to read:
§ 6102. Definitions.
(a) General rule.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
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"Firearm." Any weapon which is designed to or may readily be
converted to expel any projectile by the action of an explosive
or the frame or receiver of any such weapon as defined by 18
Pa.C.S. § [6105(i) (relating to persons not to possess, use,
manufacture, control, sell or transfer firearms)] 6202 (relating
to definitions).
* * *
Section 4. Sections 6105(e)(4), 6108(a)(7) introductory
paragraph and (ii), 6108.2(a), (b) and (g), 6108.3(b)(3), (c)(1)
(iii), (d)(2) and (e) and 6119(b) of Title 23 are amended to
read:
§ 6105. Responsibilities of law enforcement agencies.
* * *
(e) Statewide registry.--
* * *
(4) When an order granting relief under section 6108(a)
(7) has been entered by a court, such information shall be
available to the Pennsylvania State Police for the purpose of
conducting a criminal history records check in compliance
with the applicable provisions of 18 Pa.C.S. [Ch. 61 Subch. A
(relating to Uniform Firearms Act)] Ch. 62 (relating to
firearms and other dangerous articles).
* * *
§ 6108. Relief.
(a) General rule.--The court may grant any protection order
or approve any consent agreement to bring about a cessation of
abuse of the plaintiff or minor children. The order or agreement
may include:
* * *
(7) Ordering the defendant to temporarily relinquish to
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the sheriff the defendant's other weapons and ammunition
which have been used or been threatened to be used in an
incident of abuse against the plaintiff or the minor children
and the defendant's firearms and prohibiting the defendant
from acquiring or possessing any firearm for the duration of
the order and requiring the defendant to relinquish to the
sheriff any firearm license issued under section 6108.3
(relating to relinquishment to third party for safekeeping)
or 18 Pa.C.S. § [6106 (relating to firearms not to be carried
without a license) or 6109 (relating to licenses)] 6232
(relating to license to carry) the defendant may possess. A
copy of the court's order shall be transmitted to the chief
or head of the police force or police department of the
municipality and to the sheriff of the county of which the
defendant is a resident. When relinquishment is ordered, the
following shall apply:
* * *
(ii) The court's order shall contain a list of any
firearm, other weapon or ammunition ordered relinquished.
Upon the entry of a final order, the defendant shall
inform the court in what manner the defendant is going to
relinquish any firearm, other weapon or ammunition
ordered relinquished. Relinquishment may occur pursuant
to section 6108.2 (relating to relinquishment for
consignment sale, lawful transfer or safekeeping) or
6108.3 or to the sheriff pursuant to this paragraph.
Where the sheriff is designated, the sheriff shall secure
custody of the defendant's firearms, other weapons or
ammunition and any firearm license listed in the court's
order for the duration of the order or until otherwise
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directed by court order. In securing custody of the
defendant's relinquished firearms, the sheriff shall
comply with 18 Pa.C.S. [§ 6105(f)(4) (relating to persons
not to possess, use, manufacture, control, sell or
transfer firearms)] §§ 6213(e) (relating to
relinquishment of firearms upon disqualification) and
6215 (relating to disposition of firearms in law
enforcement custody). In securing custody of the
defendant's other weapons and ammunition, the sheriff
shall provide the defendant with a signed and dated
written receipt which shall include a detailed
description of the other weapon or ammunition and its
condition.
* * *
§ 6108.2. Relinquishment for consignment sale, lawful transfer
or safekeeping.
(a) General rule.--Notwithstanding any other provision of
law, a defendant who is the subject of a final protection from
abuse order, which order provides for the relinquishment of
firearms, other weapons or ammunition during the period of time
the order is in effect, may, within the time frame specified in
the order and in lieu of relinquishment to the sheriff,
relinquish to a dealer licensed pursuant to 18 Pa.C.S. § [6113
(relating to licensing of dealers)] 6231 (relating to licensure
of firearms dealers) any firearms, other weapons or ammunition
for consignment sale, lawful transfer or safekeeping.
(b) Affidavit.--A defendant relinquishing firearms, other
weapons or ammunition to a dealer pursuant to subsection (a)
shall obtain an affidavit from the dealer on a form prescribed
by the Pennsylvania State Police which shall include, at a
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minimum, the following:
(1) The caption of the case in which the protection from
abuse order was issued.
(2) The name, address, date of birth and Social Security
number of the defendant.
(3) A list of the firearms, other weapons or ammunition,
including, if applicable, the manufacturer, model and serial
number.
(4) The name and license number of the dealer licensed
pursuant to 18 Pa.C.S. § [6113] 6231 and the address of the
licensed premises.
(5) An acknowledgment that the firearms, other weapons
or ammunition will not be returned to the defendant or sold
or transferred to a person the dealer knows is a member of
the defendant's household, while the defendant is the subject
of an active protection from abuse order pursuant to section
6108, which order provides for the relinquishment of the
firearm, other weapon or ammunition being returned, sold or
transferred.
(6) An acknowledgment that the firearms, other weapons
or ammunition, if sold or transferred, will be sold or
lawfully transferred in compliance with 18 Pa.C.S. [Ch. 61
(relating to firearms and other dangerous articles)] Ch. 62
(relating to firearms and other dangerous articles).
* * *
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Safekeeping." The secure custody of firearms, other weapons
or ammunition ordered relinquished by an active protection from
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abuse order.
"Sale or lawful transfer." Any sale or transfer to a person
other than the defendant or a member of the defendant's
household which is conducted in accordance with 18 Pa.C.S. [Ch.
61 (relating to firearms and other dangerous articles)] Ch. 62
(relating to firearms and other dangerous articles).
§ 6108.3. Relinquishment to third party for safekeeping.
* * *
(b) Transfer to third party.--
* * *
(3) (i) A defendant wishing to relinquish firearms,
other weapons or ammunition to a third party pursuant to
subsection (a) shall, in the presence of the sheriff or
the sheriff's designee, execute an affidavit on a form
prescribed by the Pennsylvania State Police which shall
include, at a minimum, the following:
(A) The caption of the case in which the
protection from abuse order was issued.
(B) The name, address, date of birth and the
Social Security number of the defendant.
(C) The name, address and date of birth of the
third party.
(D) A list of the firearms, other weapons and
ammunition which will be relinquished to the third
party, including, if applicable, the manufacturer,
model and serial number.
(E) An acknowledgment that the defendant will
not take possession of any firearm, other weapon or
ammunition relinquished to the third party until the
sheriff accepts return of the safekeeping permit
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pursuant to subsection (d).
(F) A plain-language summary of 18 Pa.C.S. [§
6105(a.1)(2) and (c)(6) (relating to persons not to
possess, use, manufacture, control, sell or transfer
firearms)] §§ 6211(c)(7) (relating to
disqualification from possession or ownership) and
6212(b) (relating to disqualification based on
protection from abuse order).
(G) A plain-language summary of 18 U.S.C. §
922(g)(8) (relating to unlawful acts).
(ii) A third party who will be accepting possession
of firearms, other weapons and ammunition pursuant to
subsection (a) shall, in the presence of the sheriff or
the sheriff's designee, execute an affidavit on a form
prescribed by the Pennsylvania State Police which shall
include, at a minimum, the following:
(A) The caption of the case in which the
protection from abuse order was issued.
(B) The name, address and date of birth of the
defendant.
(C) The name, address, date of birth and the
Social Security number of the third party.
(D) A list of the firearms, other weapons and
ammunition which will be relinquished to the third
party, including, if applicable, the manufacturer,
model and serial number.
(E) An acknowledgment that no firearm, other
weapon or ammunition relinquished to the third party
will be returned to the defendant until the sheriff
accepts return of the safekeeping permit pursuant to
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subsection (d).
(F) A plain-language summary of 18 Pa.C.S. §§
[6105(a.1)(5) and (c)(6), 6111(c) (relating to sale
or transfer of firearms) and 6115 (relating to loans
on, or lending or giving firearms prohibited).]
6211(c)(7), 6212(b) and 6222 (relating to sale or
transfer of handguns).
(G) A plain-language summary of this section.
(H) An acknowledgment that the third party is
not prohibited from possessing firearms, other
weapons or ammunition pursuant to any Federal or
State law.
(I) An acknowledgment that the third party is
not subject to an active protection from abuse order.
(J) An acknowledgment that the defendant has
never been the subject of a protection from abuse
order issued on behalf of the third party.
(K) An acknowledgment that any firearms, other
weapons and ammunition relinquished to the third
party will be stored using a locking device as
defined in paragraph (1) of the definition of
"locking device" in 18 Pa.C.S. § [6142(f) (relating
to locking device for firearms)] 6202 (relating to
definitions) or in a secure location to which the
defendant does not have access.
(L) A detailed description of the third party
liability pursuant to this section relating to civil
liability.
(M) An acknowledgment that the third party shall
inform the sheriff of any change of address for the
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third party within seven days of the change of
address.
* * *
(c) Revocation of safekeeping permit.--
(1) The sheriff shall revoke a third party's safekeeping
permit and require the third party to relinquish to the
sheriff any firearms, other weapons or ammunition which were
relinquished to the third party by a defendant pursuant to
subsection (a) upon determining or being notified that any of
the following apply:
* * *
(iii) The defendant has been convicted of a
violation of 18 Pa.C.S. [Ch. 61 (relating to firearms and
other dangerous articles)] Ch. 62 (relating to firearms
and other dangerous articles) or any other offense
involving the use of a firearm.
* * *
(d) Return of safekeeping permit.--
* * *
(2) Upon issuance of a court order pursuant to section
6108.1 (relating to return of relinquished firearms, other
weapons and ammunition and additional relief) and 18 Pa.C.S.
[§§ 6105(f)(2) or 6108.1(b) (relating to return of
relinquished firearms, other weapons and ammunition and
additional relief)] § 6216(d) (relating to relief from
disability) which modifies a valid protection from abuse
order by allowing the defendant to take possession of a
firearm, other weapon or ammunition that had previously been
ordered relinquished, the defendant and the third party shall
report to the sheriff's office to return the safekeeping
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permit. The sheriff shall proceed as directed by the court
order.
* * *
(e) Civil liability.--A third party who intentionally or
knowingly violates any of the provisions of this section shall,
in addition to any other penalty prescribed in this chapter or
18 Pa.C.S. [Ch. 61] Ch. 62, be civilly liable to any person for
any damages caused thereby and, in addition, shall be liable to
any person for punitive damages in an amount not to exceed
$5,000, and the court shall award a prevailing plaintiff a
reasonable attorney fee as part of the costs.
* * *
§ 6119. Immunity.
* * *
(b) Exception.--Law enforcement agencies and their
employees, including police officers and sheriffs, shall be
liable to the lawful owner of confiscated, seized or
relinquished firearms in accordance with 18 Pa.C.S. [§ 6105(f)
(relating to persons not to possess, use, manufacture, control,
sell or transfer firearms)] §§ 6215 (relating to disposition of
firearms in law enforcement custody) and 6216 (relating to
relief from disability) and shall be liable to the lawful owner
of confiscated, seized or relinquished other weapons or
ammunition for any loss, damage or substantial decrease in the
value of the other weapons or ammunition that is a direct result
of a lack of reasonable care by the law enforcement agency or
its employees.
Section 5. Sections 2325(a.1), 2503(b) and 2525 of Title 34
are amended to read:
§ 2325. Cooperation after lawfully killing big game.
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* * *
(a.1) Exception.--Nothing in this section shall prohibit any
person from carrying a loaded handgun in the field provided that
person is in compliance with 18 Pa.C.S. § [6109 (relating to
licenses)] 6232 (relating to license to carry).
* * *
§ 2503. Loaded firearms in vehicles.
* * *
(b) Exceptions.--This section shall not be construed to
apply to:
(1) A police officer engaged in the performance of his
official duty.
(2) A commission officer engaged in the performance of
his duty.
(3) A person carrying a loaded pistol or revolver when
in possession of a valid firearms license issued by the chief
or head of any police force or the sheriff of a county when
the license is issued for protection under 18 Pa.C.S. [Ch. 61
Subch. A (relating to Uniform Firearms Act)] Ch. 62 (relating
to firearms and other dangerous articles).
(4) Any person as defined in section 2121(c) (relating
to killing game or wildlife to protect property) while on
lands they control and when not hunting or trapping for game
or wildlife.
(5) Any motorboat or other craft having a motor attached
or any sailboat if the motor has been completely shut off or
the sail furled and its progress therefrom has ceased.
(6) Any political subdivision, its employees or agents,
which has a valid deer control permit issued under section
2902(c) (relating to general categories of permits).
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The exceptions in paragraphs (1) through (5) do not apply when
attempting to locate game or wildlife with an artificial light
or when exercising any privileges granted by this title which
may be exercised only when not in the possession of a firearm.
* * *
§ 2525. Possession of [firearm] handgun for protection of self
or others.
(a) General rule.--It is lawful for a law enforcement officer
or any person who possesses a valid license to carry a [firearm]
handgun issued under 18 Pa.C.S. § [6109 (relating to licenses)]
6232 (relating to license to carry) to be in possession of a
loaded or unloaded [firearm] handgun while engaged in any
activity regulated by this title.
(b) Construction.--
(1) This section shall supersede any prohibition on the
possession of a [firearm] handgun or ammunition contained in
any other provision of this title.
(2) This subsection shall not be construed to permit the
hunting or harvesting of any wildlife with a [firearm]
handgun or ammunition not otherwise permitted by this title.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
["Firearm."] "Handgun." As defined in 18 Pa.C.S. § [6102
(relating to definitions)] 6202 (relating to definitions).
"Law enforcement officer." As defined in 18 Pa.C.S. § [6102
(relating to definitions)] 6202 (relating to definitions).
Section 6. Sections 5552(b)(1) and (c)(4) and 6308(d)(1) of
Title 42 are amended to read:
§ 5552. Other offenses.
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* * *
(b) Major offenses.--A prosecution for any of the following
offenses must be commenced within five years after it is
committed:
(1) Under the following provisions of Title 18 (relating
to crimes and offenses):
Section 901 (relating to criminal attempt) involving
attempt to commit murder where no murder occurs.
Section 902 (relating to criminal solicitation)
involving solicitation to commit murder where no murder
occurs.
Section 903 (relating to criminal conspiracy)
involving conspiracy to commit murder where no murder
occurs.
Section 911 (relating to corrupt organizations).
Section 2702 (relating to aggravated assault).
Section 2706 (relating to terroristic threats).
Section 2713 (relating to neglect of care-dependent
person).
Section 2901 (relating to kidnapping).
Section 3301 (relating to arson and related
offenses).
Section 3502 (relating to burglary).
Section 3701 (relating to robbery).
Section 3921 (relating to theft by unlawful taking or
disposition) through section 3933 (relating to unlawful
use of computer).
Section 4101 (relating to forgery).
Section 4107 (relating to deceptive or fraudulent
business practices).
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Section 4108 (relating to commercial bribery and
breach of duty to act disinterestedly).
Section 4109 (relating to rigging publicly exhibited
contest).
Section 4117 (relating to insurance fraud).
Section 4701 (relating to bribery in official and
political matters) through section 4703 (relating to
retaliation for past official action).
Section 4902 (relating to perjury) through section
4912 (relating to impersonating a public servant).
Section 4952 (relating to intimidation of witnesses
or victims).
Section 4953 (relating to retaliation against
witness, victim or party).
Section 5101 (relating to obstructing administration
of law or other governmental function).
Section 5111 (relating to dealing in proceeds of
unlawful activities).
Section 5512 (relating to lotteries, etc.) through
section 5514 (relating to pool selling and bookmaking).
Section 5902(b) (relating to prostitution and related
offenses).
[Section 6111(g)(2) and (4) (relating to sale or
transfer of firearms).]
Section 6262(b)(3)(i) and (4) (relating to felony
violations).
Section 6265(b) (relating to other legal
consequences).
* * *
(c) Exceptions.--If the period prescribed in subsection (a),
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(b) or (b.1) has expired, a prosecution may nevertheless be
commenced for:
* * *
(4) An offense in violation of 18 Pa.C.S. [§ 6111(c) or
(g)] §§ 6222(i) (relating to sale or transfer of handguns),
6261(c) (relating to violations in general), 6262(b)(3) and
(4), 6263(b) (relating to misdemeanor violations) and
6265(b), within one year of its discovery by State or local
law enforcement, but in no case shall this paragraph extend
the period of limitation otherwise applicable by more than
eight years.
* * *
§ 6308. Law enforcement records.
* * *
(d) Pennsylvania State Police registry.--
(1) The contents of law enforcement records and files
concerning a child shall not be disclosed to the public
except if the child is 14 years of age or older at the time
of the alleged conduct and if any of the following apply:
(i) The child has been adjudicated delinquent by a
court as a result of any offense enumerated in 18 Pa.C.S.
§ [6105 (relating to persons not to possess, use,
manufacture, control, sell or transfer firearms)] 6211
(relating to disqualification from possession or
ownership).
(ii) A petition alleging delinquency has been filed
by a law enforcement agency alleging that the child has
committed any offense enumerated in 18 Pa.C.S. § [6105]
6211 and the child previously has been adjudicated
delinquent by a court as a result of an act or acts which
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included the elements of one of such crimes.
Section 7. Paragraph (2) of the definition of "eligible
offender" in section 4503 of Title 61 is amended to read:
§ 4503. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Eligible offender." A defendant or inmate convicted of a
criminal offense who will be committed to the custody of the
department and who meets all of the following eligibility
requirements:
* * *
(2) Has not been subject to a sentence the calculation
of which includes an enhancement for the use of a deadly
weapon as defined under law or the sentencing guidelines
promulgated by the Pennsylvania Commission on Sentencing or
the attorney for the Commonwealth has not demonstrated that
the defendant has been found guilty of or was convicted of an
offense involving a deadly weapon or offense under 18 Pa.C.S.
[Ch. 61 (relating to firearms and other dangerous articles)]
Ch. 62 (relating to firearms and other dangerous articles) or
the equivalent offense under the laws of the United States or
one of its territories or possessions, another state, the
District of Columbia, the Commonwealth of Puerto Rico or a
foreign nation.
* * *
Section 8. This act shall apply as follows:
(1) The addition of 18 Pa.C.S. Ch. 62 shall apply to any
activity initiated on or after the effective date of 18
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Pa.C.S. Ch. 62, subject to the following:
(i) If the activity was initiated under 18 Pa.C.S.
Ch. 61 but not yet completed by the effective date of 18
Pa.C.S. Ch. 62, the appropriate provision of 18 Pa.C.S.
Ch. 61 shall govern.
(ii) If the activity is initiated on or after the
effective date of 18 Pa.C.S. Ch. 62 and a related
activity was initiated under 18 Pa.C.S. Ch. 61, 18
Pa.C.S. Ch. 62 shall govern the activity initiated on or
after the effective date of 18 Pa.C.S. Ch. 62.
(2) An activity initiated under 18 Pa.C.S. Ch. 61 shall
continue and remain in full force and effect. Resolutions,
orders, regulations, rules and decisions that were made under
18 Pa.C.S. Ch. 61 and that were in effect on the effective
date of 18 Pa.C.S. Ch. 62 shall remain in full force and
effect until revoked, vacated or modified under 18 Pa.C.S.
Ch. 62. Contracts, obligations and agreements entered into
under 18 Pa.C.S. Ch. 61 are not affected nor impaired by the
repeal of 18 Pa.C.S. Ch. 61.
Section 9. This act shall take effect in six months.
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