design of the firearm that prevents discharge of the firearm
by an individual who does not have access to the key or other
device designed to unlock the mechanism; or
(3) in a securely locked box or container or a location
that a reasonable person would believe to be secure.
(b) Exception.--Subsection (a) shall not apply if a person
carries a firearm:
(1) on the person's body; or
(2) within close enough proximity to the person's body
that the person is able to retrieve and use the firearm as if
the firearm were on the person's body.
(c) Penalties.--A person who violates subsection (a)
commits:
(1) A summary offense with no term of imprisonment when
the offense is a first offense.
(2) A misdemeanor of the third degree when the offense
is a second or subsequent offense.
(3) A felony of the third degree if:
(i) a person who cannot legally possess a firearm
takes possession of the firearm; and
(ii) the firearm is used in the commission of a
crime or used in an event that results in the injury or
death of another person.
(d) Defenses.--It shall be a defense to prosecution under
this section if any of the following apply:
(1) The firearm was secured in a manner described under
subsection (a).
(2) The firearm was obtained as a result of an unlawful
entry by any person.
(3) An injury resulted from a target or sport shooting
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