Regular Session 2017-2018 House Bill 2060 P.N. 3035

PRINTER'S NO. 3035

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2060

Session of

2018

INTRODUCED BY M. QUINN, ROE, COMITTA, SANTORA, DRISCOLL,

READSHAW, BARRAR, DAVIS, RAPP, KRUEGER-BRANEKY, WATSON,

STURLA, WARREN, TOOHIL, MADDEN, SCHWEYER, FRANKEL, CUTLER,

ROZZI, YOUNGBLOOD, HARPER, DEAN AND STEPHENS,

FEBRUARY 26, 2018

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 26, 2018

AN ACT

Amending Titles 18 (Crimes and Offenses) and 23 (Domestic

Relations) of the Pennsylvania Consolidated Statutes, in

firearms and other dangerous articles, further providing for

persons not to possess, use, manufacture, control, sell or

transfer firearms, providing for relinquishment of firearms

and firearm licenses by convicted persons and further

providing for firearms not to be carried without a license

and for loans on, or lending or giving firearms prohibited;

and, in protection from abuse, further providing for

definitions, for commencement of proceedings, for hearings,

for relief, for return of relinquished firearms, other

weapons and ammunition and additional relief and for

relinquishment for consignment sale, lawful transfer or

safekeeping and repealing provisions relating to

relinquishment to third party for safekeeping.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 6105(a)(2), (a.1)(2), (3) and (5) and (c)

(6) and (9) of Title 18 of the Pennsylvania Consolidated

Statutes are amended to read:

§ 6105. Persons not to possess, use, manufacture, control, sell

or transfer firearms.

(a) Offense defined.--

* * *

(2) (i) [A] Except as otherwise provided in this

paragraph, 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

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).

(iii) A person whose disability is imposed pursuant

to subsection (c)(9) shall relinquish any firearms and

firearm licenses under that person's possession or

control, as described in section 6105.2 (relating to

relinquishment of firearms and firearm licenses by

convicted persons).

(iv) A person whose disability is imposed pursuant

to a protection from abuse order shall relinquish any

firearms, other weapons, ammunition and firearm licenses

under that person's possession or control, as described

in 23 Pa.C.S. § 6108(a)(7) (relating to relief).

(a.1) Penalty.--

* * *

(2) A person who is the subject of an active final

protection from abuse order [issued pursuant to 23 Pa.C.S. §

6108 (relating to relief)] described in 23 Pa.C.S. § 6108(b)

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is the subject of any other active protection from abuse

order issued pursuant to 23 Pa.C.S. § 6108, which [order]

provided for the relinquishment of firearms[,] or other

weapons or ammunition during the period of time the order is

in effect, or is otherwise prohibited from possessing or

acquiring a firearm under 18 U.S.C. § 922(g)(8) (relating to

unlawful acts), commits a misdemeanor of the first degree if

he intentionally or knowingly fails to relinquish a

firearm[,] or 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[,] or other

weapons or ammunition to the sheriff in accordance with

[either] 23 Pa.C.S. § 6108(a)(7)(i)(B)[,] or 6108.2 (relating

to relinquishment for consignment sale[,] or 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

degree if he intentionally or knowingly accepts

possession of a firearm, other weapon or ammunition from

[a] another 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

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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.

* * *

[(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

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.]

* * *

convicted of any offense listed under subsection (b), the

following persons shall be subject to the prohibition of

subsection (a):

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* * *

(6) A person who is the subject of an active final

protection from abuse order [issued pursuant to 23 Pa.C.S. §

6108] or a person who is subject to a court order and is

otherwise prohibited from possessing or acquiring firearms,

ammunition or explosives under 18 U.S.C. § 922(g)(8), which

order provided for the relinquishment of firearms during the

period of time the order is in effect or a person who is the

subject of any other active protection from abuse order

issued pursuant to 23 Pa.C.S. § 6108. This prohibition shall

terminate upon the expiration or vacation of [an active

protection from abuse] the order or portion thereof relating

to the relinquishment of firearms.

* * *

(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

or guardian of the victim;

then the relationship need not be an element of the offense

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to meet the requirements of this paragraph.

* * *

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

§ 6105.2. Relinquishment of firearms and firearm licenses by

convicted persons.

(a) Procedure.--

(1) A person subject to a firearms disability pursuant

to section 6105(c)(9) (relating to persons not to possess,

use, manufacture, control, sell or transfer firearms) shall

relinquish any firearms under the person's possession or

control to the appropriate law enforcement agency of the

municipality as described in subsection (b) or to a dealer as

described in subsection (c).

(2) The court of conviction shall order the

relinquishment and the order shall be transmitted to the

appropriate law enforcement agency of the municipality and to

the sheriff of the county of which the person is a resident.

The order shall contain a list of any firearm ordered

relinquished.

(3) The person shall inform the court in what manner the

person will relinquish the firearms.

(4) If the person is present in court at the time of the

order, the person shall inform the court whether

relinquishment will be made under subsection (b) or (c).

(b) Relinquishment to law enforcement agency.--

(1) Relinquishment to an appropriate law enforcement

agency shall be made within 24 hours following conviction,

except for cause shown, in which case the court shall specify

the time for relinquishment of any or all of the person's

firearms.

20180HB2060PN3035 - 6 -

(2) In securing custody of the person's relinquished

firearms, the law enforcement agency shall provide the person

subject to the relinquishment order with a signed and dated

written receipt, which shall include a detailed description

of each firearm and its condition.

(3) Any relinquished firearm shall be considered to be

abandoned if not transferred within six months pursuant to

subsection (e) and the law enforcement agency may dispose of

it after that period, provided the person is notified of the

disposal and receives any proceeds from the disposal, less

the costs to the law enforcement agency associated with

taking possession of, storing and disposing of the firearm.

(4) As used in this subsection, the term "cause" shall

be limited to facts relating to the inability of the person

to retrieve a specific firearm within 24 hours due to the

then current location of the firearm.

(1) In lieu of relinquishment to the local law

enforcement agency, the person subject to a court order may,

within 24 hours or within the time ordered by the court upon

cause being shown as in subsection (b), relinquish firearms

to a dealer licensed pursuant to section 6113 (relating to

licensing of dealers).

(2) The dealer may charge the person a reasonable fee

for accepting relinquishment.

(3) The person shall obtain an affidavit from the dealer

on a form prescribed by the Pennsylvania State Police, which

shall include, at a minimum, the following:

(i) The caption of the case in which the person was

convicted.

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(ii) The name, address, date of birth and Social

Security number of the person.

(iii) A list of the firearms, including the

manufacturer, model and serial number.

(iv) The name and license number of the dealer

licensed pursuant to section 6113 and the address of the

licensed premises.

(v) An acknowledgment that the firearms will not be

returned to the person, unless the person is no longer

prohibited from possessing a firearm under Federal or

State law.

(vi) An acknowledgment that the firearms, if

transferred, will be transferred in compliance with this

chapter.

(4) A person relinquishing a firearm pursuant to this

subsection shall, within the specified time frame, provide to

the appropriate law enforcement agency the affidavit required

by this subsection and relinquish to the law enforcement

agency any firearm ordered to be relinquished that is not

specified in the affidavit.

(d) Notice of noncompliance.--

(1) If the person fails to relinquish a firearm within

24 hours or within the time ordered by the court upon cause

being shown, the law enforcement agency shall, at a minimum,

provide immediate notice to the court, the victim, the

prosecutor and the sheriff.

(2) For purposes of this subsection, "victim" shall have

the same meaning as "direct victim" in section 103 of the act

of November 24, 1998 (P.L.882, No.111), known as the Crime

Victims Act.

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(e) Alternate relinquishment to dealer.--

(1) If the person relinquishes firearms to the

appropriate law enforcement agency pursuant to subsection

(b), the person may request that the appropriate law

enforcement agency make one transfer of any such firearm to a

dealer licensed pursuant to section 6113 within six months of

relinquishment.

(2) If requesting a subsequent transfer, the person

shall provide the appropriate law enforcement agency with the

dealer affidavit described in subsection (c).

(3) The appropriate law enforcement agency shall make

the transfer, if the person complies with this subsection,

and may charge the person for any costs associated with

making the transfer.

(f) Recordkeeping.--Any portion of an order or petition or

other paper that includes a list of firearms ordered to be

relinquished shall be kept in the files of the court as a

permanent record and withheld from public inspection, except

upon an order of the court granted upon cause shown, after

redaction of information relating to the firearms, or as

necessary, by law enforcement and court personnel.

(g) Relinquishment of licenses.--

(1) A person described in this section shall also

relinquish to the appropriate law enforcement agency any

firearm license issued under section 6106 (relating to

firearms not to be carried without a license) or 6109

(relating to licenses) that the person possesses.

(2) The provisions of subsections (a)(2) and (3), (b),

(d) and (f) shall also apply to firearm licenses of the

person.

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Section 3. Sections 6106(b)(8) and 6115(b)(4) of Title 18

are amended to read:

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

* * *

(b) Exceptions.--The provisions of subsection (a) shall not

apply to:

* * *

(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[,] or 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].

* * *

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

* * *

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(b) Exception.--

* * *

[(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).]

Section 4. The definitions of "domestic violence

counselor/advocate" and "safekeeping permit" in section 6102(a)

of Title 23 are amended and the subsection is amended by adding

a definition 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:

* * *

"Appropriate law enforcement agency." The duly constituted

municipal law enforcement agency that regularly provides primary

police services to a political subdivision or, in the absence of

any such municipal law enforcement agency, the Pennsylvania

State Police installation that regularly provides primary police

services to the political subdivision.

* * *

"Domestic violence counselor/advocate." An individual who:

(1) is engaged in a domestic violence program, the

primary purpose of which is the rendering of counseling or

assistance to victims of domestic violence[, who];

(2) has undergone 40 hours of training[.]; and

(3) is under the supervision of a supervisor of a

domestic violence program.

* * *

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["Safekeeping permit." A permit issued by a sheriff allowing

a person to take possession of any firearm, other weapon or

ammunition that a judge ordered a defendant to relinquish in a

protection from abuse proceeding.]

* * *

Section 5. Section 6106(e) and (f) of Title 23 are amended

and the section is amended by adding a subsection to read:

§ 6106. Commencement of proceedings.

* * *

[(e) Court to adopt means of service.--The court shall adopt

a means of prompt and effective service in those instances where

the plaintiff avers that service cannot be safely effected by an

adult individual other than a law enforcement officer or where

the court so orders.]

(f) Service by sheriff.--[If the court so orders, the

sheriff or other designated agency or individual shall serve the

petition and order.] For all petitions and temporary orders for

protection from abuse, original process shall be served by a

sheriff or by the sheriff's duly authorized deputy, which deputy

may not be a party to or a family member of a party to the

protection from abuse petition, unless the petitioner chooses an

alternative means of personal service.

(f.1) Court to adopt means of service.--The court shall, by

local rule, adopt a procedure to immediately transmit the

petition and order for service to the sheriff or, if the

petitioner requests, to the petitioner.

* * *

Section 6. Sections 6107(a), (b)(4) and (c), 6108(a)

introductory paragraph, (3) and (7), 6108.1 and 6108.2 heading,

(a), (c) and (e) of Title 23 are amended to read:

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§ 6107. Hearings.

(a) General rule.--Within ten business days of the filing of

a petition under this chapter, a hearing shall be held before

the court, at which the plaintiff must prove the allegation of

abuse by a preponderance of the evidence. The court shall, at

the time the defendant is given notice of the hearing, advise

the defendant of the right to be represented by counsel, of the

right to present evidence, of the right to compel attendance of

witnesses, of the method by which witnesses may be compelled, of

the possibility that any firearm, other weapon or ammunition

owned and any firearm license possessed may be ordered

temporarily relinquished, of the options for relinquishment of a

firearm pursuant to this chapter, of the possibility that

Federal or State law may prohibit the possession of firearms,

including an explanation of 18 U.S.C. § 922(g)(8) (relating to

unlawful acts) and 18 Pa.C.S. § 6105 (relating to persons not to

possess, use, manufacture, control, sell or transfer firearms),

and that any protection order granted by a court may be

considered in any subsequent proceedings under this title. This

notice shall be printed and delivered in a manner which easily

attracts attention to its content and shall specify that child

custody is one of the proceedings where prior protection orders

may be considered.

(b) Temporary orders.--

* * *

(4) If the court orders the defendant to temporarily

relinquish any firearm, other weapon or ammunition pursuant

to paragraph (3), the defendant shall decide in what manner

the defendant is going to relinquish any firearm, other

weapon or ammunition listed in the order. Relinquishment may

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be to the sheriff pursuant to section 6108(a)(7) [or to a

third party for safekeeping pursuant to section 6108.3

(relating to relinquishment to third party for safekeeping)]

or to a dealer pursuant to section 6108.2 (relating to

relinquishment for consignment sale or lawful transfer).

(1) If a hearing under subsection (a) is continued and

no temporary order is issued, the court may make ex parte

temporary orders under subsection (b) as it deems necessary.

(2) If a hearing is scheduled to take place within 96

hours after a defendant receives notice under section 6106

(relating to commencement of proceedings), the court shall

grant a continuance until the 96-hour period has elapsed, if

requested by the defendant.

(3) The court shall notify the defendant of his right to

such continuance.

§ 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 the following, except that any final order or

agreement must direct the defendant to refrain from abusing,

harassing, stalking, threatening or attempting or threatening to

use physical force against the plaintiff or minor children and

must order that the defendant is subject to the firearms, other

weapons or ammunition and firearm license prohibition and

relinquishment provisions under paragraph (7):

* * *

(3) If the defendant has a duty to support the plaintiff

or minor children living in the residence or household and

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the defendant is the sole owner or lessee, granting

possession to the plaintiff of the residence or household to

the exclusion of the defendant by evicting the defendant or

restoring possession to the plaintiff or, with the consent of

the plaintiff, ordering the defendant to provide suitable

alternate housing. An order may not grant possession to the

plaintiff of the residence or household to the exclusion of

the defendant other than as provided under paragraph (2) or

this paragraph.

* * *

(7) [Ordering] Prohibiting the defendant from acquiring

or possessing any firearm for the duration of the order,

ordering the defendant to temporarily relinquish to 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] any firearms under the defendant's possession or

control, 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) the

defendant may possess. The court may also order the defendant

to relinquish the defendant's other weapons or ammunition

that have been used or been threatened to be used in an

incident of abuse against the plaintiff or the minor

children. A copy of the court's order shall be transmitted to

the chief or head of the [police force or police department]

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appropriate law enforcement agency 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:

(i) (A) The court's order shall require the

defendant to relinquish such firearms, other weapons,

ammunition and any firearm license pursuant to the

provisions of this chapter within 24 hours of service

of a temporary order or the entry of a final order or

the close of the next business day as necessary by

closure of the sheriffs' offices, except for cause

shown at the hearing, in which case the court shall

specify the time for relinquishment of any or all of

the defendant's firearms.

(B) A defendant subject to a temporary order

requiring the relinquishment of firearms, other

weapons or ammunition shall, in lieu of relinquishing

specific firearms, other weapons or ammunition which

cannot reasonably be retrieved within the time for

relinquishment in clause (A) due to their current

location, provide the sheriff with an affidavit

listing the firearms, other weapons or ammunition and

their current location. If the defendant, within the

time for relinquishment in clause (A), fails to

provide the affidavit or fails to relinquish,

pursuant to this chapter, any firearms, other weapons

or ammunition ordered to be relinquished which are

not specified in the affidavit, the sheriff shall, at

a minimum, provide immediate notice to the court, the

plaintiff and appropriate law enforcement

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authorities. The defendant shall not possess any

firearms, other weapons or ammunition specifically

listed in the affidavit provided to the sheriff

pursuant to this clause for the duration of the

temporary order.

"cause" shall be limited to facts relating to the

inability of the defendant to retrieve a specific

firearm within 24 hours due to the current location

of the firearm.

(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[,] or 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

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)] 6105(f)(3)

(relating to persons not to possess, use, manufacture,

control, sell or transfer firearms). In securing custody

of the defendant's other weapons and ammunition, the

sheriff shall provide the defendant with a signed and

20180HB2060PN3035 - 17 -

dated written receipt which shall include a detailed

description of the other weapon or ammunition and its

condition. The court shall inform the defendant that

firearms, other weapons or ammunition will be considered

abandoned if the defendant does not request return within

six months after expiration of the order or dismissal of

a petition for a protection from abuse order, as provided

under section 6108.1 (relating to return of relinquished

firearms, other weapons and ammunition and additional

relief). The sheriff may dispose of the firearms, other

weapons or ammunition after that period, provided the

defendant is notified of the disposal and receives any

proceeds from the disposal, less the costs to the sheriff

associated with taking possession of, storing and

disposing of the firearms, other weapons or ammunition.

(iii) The sheriff shall provide the plaintiff with

the name of the person to which any firearm, other weapon

or ammunition was relinquished.

(iv) Unless the defendant has complied with

subparagraph (i)(B) or section 6108.2 [or 6108.3], if the

defendant fails to relinquish any firearm, other weapon,

ammunition or firearm license within 24 hours or upon the

close of the next business day due to closure of

sheriffs' offices or within the time ordered by the court

upon cause being shown at the hearing, the sheriff shall,

at a minimum, provide immediate notice to the court, the

plaintiff and appropriate law enforcement agencies.

(v) Any portion of any order or any petition or

other paper which includes a list of any firearm, other

weapon or ammunition ordered relinquished shall be kept

20180HB2060PN3035 - 18 -

in the files of the court as a permanent record thereof

and withheld from public inspection except:

(A) upon an order of the court granted upon

cause shown;

(B) as necessary, by law enforcement and court

personnel; or

firearm, other weapon or ammunition.

(vi) As used in this paragraph, the term

"defendant's firearms" shall, if the defendant is a

licensed firearms dealer, only include firearms in the

defendant's personal firearms collection pursuant to 27

CFR § 478.125a (relating to personal firearms

collection).

* * *

§ 6108.1. Return of relinquished firearms, other weapons and

ammunition and additional relief.

(a) General rule.--Any court order requiring the

relinquishment of firearms, other weapons or ammunition shall

provide for the return of the relinquished firearms, other

weapons or ammunition to the defendant upon expiration of the

order or dismissal of a petition for a protection from abuse

order. The defendant may take custody of the firearms, other

weapons and ammunition provided that the defendant is otherwise

eligible to lawfully possess the relinquished items. The

defendant shall not be required to pay any fees, costs or

charges associated with the returns, whether those fees, costs

or charges are imposed by the Pennsylvania State Police, any

local law enforcement agency or any other entity, including a

licensed importer, licensed manufacturer or licensed dealer in

20180HB2060PN3035 - 19 -

order to secure return of the relinquished firearms, other

weapons or ammunition. The sheriff's office shall maintain a

weapons return form that the defendant may fill out and return

to the office once a temporary or final protection from abuse

order has been dismissed or expires.

(a.1) Conditions for return.--The following conditions must

be satisfied prior to the firearms, other weapons or ammunition

being returned to the defendant:

(1) The defendant or owner must provide reasonable proof

of ownership or of rightful possession of the firearms, other

weapon or ammunition seized.

(2) The firearms, other weapons or ammunition seized

must not be evidence of a crime.

(3) The defendant or owner must not be otherwise

prohibited by applicable Federal or State law, or another

condition, including, but not limited to, bail, from taking

possession of the firearms, other weapons or ammunition

seized.

(4) The defendant or owner must have been given a

clearance by the Pennsylvania State Police Instant Check

System Unit, requested by the sheriff's office.

(a.2) Notice to plaintiff.--The plaintiff of the protection

from abuse order shall be notified of the defendant's request to

return the firearms, other weapons or ammunition.

(a.3) Petition for return.--If there is a finding that the

defendant is ineligible to regain possession of the firearms,

other weapons or ammunition, the defendant or owner may file a

petition seeking their return. A copy of the petition must be

served upon the sheriff's office, the district attorney's office

and counsel for the plaintiff in the protection from abuse order

20180HB2060PN3035 - 20 -

petition.

(a.4) Abandonment.--

(1) Any firearms, other weapons or ammunition shall be

presumed abandoned if the defendant does not request return

within six months after expiration of the order or dismissal

of a petition for a protection from abuse order.

(2) The sheriff may dispose of the firearms, other

weapons or ammunition after the six-month period, provided

the defendant is notified of the disposal and receives any

proceeds from the disposal, less the costs to the sheriff

associated with taking possession of, storing and disposing

of the firearms, other weapons or ammunition.

(b) Modification of court's order providing for return of

relinquished firearm, other weapon or ammunition.--

[(1) The defendant may petition the court to allow for

the return of firearms, other weapons and ammunition to the

defendant prior to the expiration of the court's order. The

petition shall be served upon the plaintiff and the plaintiff

shall be a party to the proceedings regarding that petition.

(2)] Any other person may petition the court to allow

for the return of that other person's firearms, other weapons

and ammunition prior to the expiration of the court's order.

The petition shall be served upon the plaintiff, and the

plaintiff shall be given notice and an opportunity to be

heard regarding that petition.

[(c) Modification of court's order to provide for

alternative means of relinquishing firearms, other weapons or

ammunition.--The defendant may petition the court for

modification of the order to provide for an alternative means of

relinquishment in accordance with this chapter. The petition

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shall be served upon the plaintiff, and the plaintiff shall have

an opportunity to be heard at the hearing as provided in

subsection (d). Where the court orders a modification pursuant

to this subsection providing for alternative means of

relinquishment, the sheriff shall proceed as directed by the

court.]

(d) Hearing.--Within ten business days of the filing of any

petition under this section, a hearing shall be held before the

court.

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

words and phrases shall have the meanings given to them in this

subsection:

"Other person." Any person, except the defendant, who is the

lawful owner of a firearm, other weapon or ammunition

relinquished pursuant to this chapter.

["Safekeeping." The secure custody of a firearm, other

weapon or ammunition ordered relinquished by an active

protection from abuse order.]

§ 6108.2. Relinquishment for consignment sale[,] or 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] or a temporary order which 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)

any firearms, other weapons or ammunition for consignment

sale[,] or lawful transfer [or safekeeping]. The dealer may

20180HB2060PN3035 - 22 -

charge the defendant a reasonable fee for accepting

relinquishment and for storage of any firearms, other weapons or

ammunition.

* * *

firearms, other weapons or ammunition to a dealer pursuant to

subsection (a) shall, within the time frame specified in the

order for relinquishing firearms, other weapons or ammunition,

provide to the sheriff the affidavit obtained pursuant to

subsection (b) and relinquish to the sheriff any firearms, other

weapons or ammunition ordered to be relinquished which are not

specified in the affidavit[,] or in an affidavit provided in

accordance with section 6108(a)(7)(i)(B) (relating to relief)

[or in an acknowledgment of receipt from a third party provided

to the sheriff pursuant to section 6108.3 (relating to

relinquishment to third party for safekeeping)]. If the

defendant fails to comply with this subsection, the sheriff

shall, at a minimum, provide immediate notice to the court, the

plaintiff and appropriate law enforcement agencies.

* * *

[(e) Transfer upon entry of final order.--Upon entry of a

final protection from abuse order issued pursuant to section

6108, which order provides for the relinquishment of firearms,

other weapons or ammunition during the period of time the order

is in effect, a defendant who had relinquished firearms, other

weapons or ammunition to the sheriff pursuant to a temporary

order may request that the firearms, other weapons or ammunition

be relinquished to a dealer for consignment sale, lawful

transfer or safekeeping pursuant to this section. If the

defendant can identify a licensed dealer willing to accept the

20180HB2060PN3035 - 23 -

firearms, other weapons or ammunition in compliance with this

section, the court shall order the sheriff to transport the

firearms, other weapons or ammunition to the licensed dealer at

no cost to the defendant or the licensed dealer.]

* * *

Section 7. Section 6108.3 of Title 23 is repealed:

[§ 6108.3. Relinquishment to third party for safekeeping.

(a) General rule.--A defendant who is the subject of a

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 any firearms, other weapons or

ammunition to a third party for safekeeping.

(b) Transfer to third party.--

(1) A defendant wishing to relinquish firearms, other

weapons or ammunition to a third party pursuant to subsection

(a) shall, within the time frame specified in the order for

relinquishing firearms, other weapons and ammunition, report

to the sheriff's office in the county where the order was

entered along with the third party.

(2) Upon determination by the sheriff that the third

party is not prohibited from possessing firearms, other

weapons or ammunition pursuant to any Federal or State law

and after the defendant and third party have executed the

affidavits required under paragraph (3), the sheriff shall

issue a safekeeping permit to the third party, which shall

include, at a minimum, a list of the firearms, other weapons

and ammunition which will be relinquished to the third party.

The permit shall be issued at no cost to the third party or

20180HB2060PN3035 - 24 -

defendant. The permit shall require the third party to

possess the defendant's firearms, other weapons and

ammunition until the time that:

(i) the sheriff revokes the safekeeping permit

pursuant to subsection (c)(1); or

(ii) the sheriff accepts return of the safekeeping

permit pursuant to subsection (d).

(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.

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

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

20180HB2060PN3035 - 25 -

possess, use, manufacture, control, sell or transfer

firearms).

(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.

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

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).

(G) A plain-language summary of this section.

20180HB2060PN3035 - 26 -

(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) 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

third party within seven days of the change of

address.

(4) The defendant shall, within the time frame specified

in the order and in lieu of relinquishment to the sheriff,

relinquish the firearms, other weapons and ammunition

specified in the affidavits provided to the sheriff pursuant

to paragraph (3) to the third party who has been issued a

safekeeping permit pursuant to paragraph (2). Upon

relinquishment of the firearms to the third party, the third

20180HB2060PN3035 - 27 -

party shall sign an acknowledgment of receipt on a form

prescribed by the Pennsylvania State Police, which shall

include, at a minimum, an acknowledgment that the firearms

were relinquished to the third party within the time frame

specified in the order.

(5) Within 24 hours of the issuance of the safekeeping

permit issued to the third party pursuant to paragraph (2) or

by close of the next business day as necessary due to the

closure of the sheriff's office, the defendant shall return

the signed acknowledgment of receipt required under paragraph

(4) to the sheriff in the county where the order was entered.

(6) If the defendant fails to provide the acknowledgment

of receipt to the sheriff as required under paragraph (5), an

affidavit prepared in accordance with section 6108(a)(7)(i)

(B) (relating to relief), an affidavit under section 6108.2

(relating to relinquishment for consignment sale, lawful

transfer or safekeeping) or fails to relinquish any firearms,

other weapons or ammunition, the sheriff shall, at a minimum,

provide immediate notice to the court, the plaintiff and

appropriate law enforcement agencies.

(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:

(i) A protection from abuse order has been entered

against the third party.

(ii) The third party is prohibited from possessing

20180HB2060PN3035 - 28 -

firearms, other weapons or ammunition pursuant to any

Federal or State law.

(iii) The defendant has been convicted of a

violation of 18 Pa.C.S. Ch. 61 (relating to firearms and

other dangerous articles) or any other offense involving

the use of a firearm.

(iv) The defendant has been held in indirect

criminal contempt for violating a provision of the

protection from abuse order consistent with section

6108(a)(1), (2), (6), (7) or (9) (relating to relief).

(2) Upon revocation of a safekeeping permit, the sheriff

shall seize the safekeeping permit and all of the defendant's

firearms, other weapons and ammunition which were

relinquished to the third party. If revocation of the

safekeeping permit was:

(i) Required pursuant to paragraph (1)(i) or (ii),

the sheriff shall notify the defendant that the firearms,

other weapons and ammunition which were relinquished to

the third party are in the sheriff's possession and that

the defendant may report to the sheriff's office in order

to relinquish the firearms, other weapons and ammunition

to a subsequent third party pursuant to this section or

to a licensed dealer pursuant to section 6108.2.

(ii) Required pursuant to paragraph (1)(iii) or

(iv), the sheriff shall maintain possession of the

firearms, other weapons and ammunition until the

defendant is no longer prohibited from possessing

firearms, other weapons and ammunition pursuant to any

Federal or State law unless:

(A) the defendant has the firearms, other

20180HB2060PN3035 - 29 -

weapons and ammunition relinquished to a licensed

dealer pursuant to section 6108.2; or

(B) the sheriff is directed to relinquish the

firearms, other weapons and ammunition pursuant to a

court order.

(d) Return of safekeeping permit.--

(1) Following expiration of a protection from abuse

order, which order provided for the relinquishment of

firearms, other weapons or ammunition, the defendant and the

third party shall report to the sheriff's office to return

the safekeeping permit. Upon a determination by the sheriff

that the defendant is:

(i) Not prohibited from possessing firearms, other

weapons and ammunition, the sheriff shall accept the

return of the safekeeping permit, and the third party

shall relinquish to the defendant all of the defendant's

firearms, other weapons and ammunition which were

relinquished to the third party pursuant to this section.

(ii) Prohibited from possessing a firearm, other

weapon or ammunition pursuant to any Federal or State

law, the sheriff shall accept return of the permit and

seize from the third party all of the defendant's

firearms, other weapons and ammunition which were

relinquished to the third party pursuant to this section.

The sheriff shall return to the defendant any firearm,

other weapon or ammunition which the defendant is

lawfully entitled to possess.

(2) Upon issuance of a court order pursuant to 18

Pa.C.S. §§ 6105(f)(2) or 6108.1(b) (relating to return of

relinquished firearms, other weapons and ammunition and

20180HB2060PN3035 - 30 -

additional relief) 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

permit. The sheriff shall proceed as directed by the court

order.

(3) If a third party wishes to relinquish the

defendant's firearms, other weapons and ammunition prior to

return of the safekeeping permit pursuant to paragraph (1),

the sheriff shall accept return of the safekeeping permit and

shall seize all of the defendant's firearms, other weapons

and ammunition from the third party. The sheriff shall notify

the defendant that the firearms, other weapons and ammunition

which were relinquished to the third party are in the

sheriff's possession and that the defendant may relinquish

the firearms, other weapons and ammunition to a subsequent

third party pursuant to this section or to a licensed dealer

pursuant to section 6108.2.

(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, 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.

(f) Forms.--The Pennsylvania State Police shall develop and

make available:

(1) Forms to be used by sheriffs to issue safekeeping

20180HB2060PN3035 - 31 -

permits pursuant to subsection (b)(2).

(2) Affidavit forms and receipt forms to be used by

defendants and third parties as required under subsection (b)

(3) and (4).

(g) Transfer upon final entry.--A defendant who has

previously relinquished firearms, other weapons or ammunition to

the sheriff pursuant to a temporary order shall be permitted to

have the firearms, other weapons and ammunition relinquished to

a third party pursuant to this section following entry 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.

(h) Nondisclosure.--All copies of the safekeeping permit

issued under subsection (b)(2) retained by the sheriff and the

affidavits and forms obtained under subsection (b)(3) and (4)

shall not be subject to access under the act of June 21, 1957

(P.L.390, No.212), referred to as the Right-to-Know Law.

(i) 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 which were ordered relinquished by an active

protection from abuse order.

"Third party." A person, other than the defendant, who:

(1) Is not a member of the defendant's household.

(2) Is not prohibited from possessing firearms pursuant

to any Federal or State law.]

Section 8. This act shall take effect in 60 days.

20180HB2060PN3035 - 32 -