PRINTER'S NO. 1512
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1260
Session of
2017
INTRODUCED BY GROVE, M. K. KELLER, SONNEY, COX, A. HARRIS,
DOWLING, JAMES, ORTITAY, D. COSTA, WHEELAND, MASSER, DeLUCA
AND PHILLIPS-HILL, APRIL 20, 2017
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 20, 2017
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in firearms and other dangerous articles, further
providing for possession of firearm by minor; and, in
forfeitures, further providing for controlled substances
forfeiture and providing for disposition of forfeited
firearms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6110.1(d) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6110.1. Possession of firearm by minor.
* * *
(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]:
(1) forfeited and disposed of in accordance with 42
Pa.C.S. § 6803 (relating to disposition of forfeited
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firearms); or[,]
(2) if stolen, returned to the lawful owner.
Section 2. Section 6801(a)(7) of Title 42 is amended to
read:
§ 6801. Controlled substances forfeiture.
(a) Forfeitures generally.--The following shall be subject
to forfeiture to the Commonwealth and no property right shall
exist in them:
* * *
(7) Any firearms, including, but not limited to, rifles,
shotguns, pistols, revolvers, machine guns, zip guns or any
type of prohibited offensive weapon, as that term is defined
in 18 Pa.C.S. (relating to crimes and offenses), which are
used or intended for use to facilitate a violation of The
Controlled Substance, Drug, Device and Cosmetic Act. Such
operable firearms as are found in close proximity to
illegally possessed controlled substances shall be rebuttably
presumed to be used or intended for use to facilitate a
violation of The Controlled Substance, Drug, Device and
Cosmetic Act. All weapons forfeited under this section shall
be [immediately destroyed by the receiving law enforcement
agency] subject to disposition under section 6803 (relating
to disposition of forfeited firearms).
* * *
Section 3. Title 42 is amended by adding a section to read:
§ 6803. Disposition of forfeited firearms.
(a) Prescribed actions.--Whenever a firearm is required to
be forfeited under this chapter, 18 Pa.C.S. § 6110.1(d)
(relating to possession of firearm by minor) or any other law,
the court shall order the appropriate agency to take one of the
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following actions:
(1) Relinquish ownership of the firearm to the
appropriate Federal law enforcement agency.
(2) Retain the firearm for official use by the agency
and the prosecuting authority.
(3) Sell the firearm to a federally licensed firearms
dealer and distribute the proceeds as required by this
chapter.
(4) Conduct a sale of the firearm at public auction.
Before the highest bidder at the public auction takes
possession of the firearm, the applicable background checks
shall be completed. If the results of the applicable
background checks indicate that the highest bidder is not
eligible to take possession of the firearm, the highest
bidder shall not be entitled to a refund of any incurred
costs associated with the background checks or the public
auction.
(b) Proceeds.--Proceeds resulting from the sale of a firearm
under subsection (a) shall be used to cover the agency's
personnel, equipment and training costs.
(c) Definition.--As used in this section, the term "firearm"
includes any ammunition and accessories included with a
forfeited firearm.
Section 4. This act shall take effect in 60 days.
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