PRINTER'S NO. 913
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
924
Session of
2021
INTRODUCED BY DAVANZO, BERNSTINE, BROOKS, DUNBAR, ECKER, JONES,
PENNYCUICK, ROTHMAN, RYAN AND STAMBAUGH, MARCH 15, 2021
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 15, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for licenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6109 (c), (d), (e)(1)(i) and (k) of Title
18 of the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding a subsection to read:
ยง 6109. Licenses.
* * *
(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 but
may not require or use references. Issuing authorities shall use
only the application form prescribed by the Pennsylvania State
Police. One of the following reasons for obtaining a firearm
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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
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
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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),
receive a unique approval number for that inquiry and record
the date and number on the application[.]; and
(6) n ot keep or retain information relevant to the
investigation beyond the initial application and proof of
approval for more than 10 days beyond successful issuance or
denial of license.
(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.]
* * *
(k) Reciprocity.--
(1) The Attorney General shall have the power and duty
to enter into reciprocity agreements with other states
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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
reciprocity agreements and grant recognition of a license or
permit to carry a firearm issued by another state.
(1.1) The Attorney General shall seek to establish
reciprocity agreements with every state and may not
unilaterally withdraw from any reciprocity agreement.
(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.
(3) The report concerning reciprocity agreement progress
between states shall detail the efforts the Attorney General
has made to establish reciprocity agreements with other
states, and for each state the Commonwealth does not have a
reciprocity agreement with, explain the reason why an
agreement could not be reached.
* * *
(m.4) Violations by issuing authority.--An applicant denied
these rights shall be entitled to attorney fees and costs in any
action against the issuing authority to enforce this section.
Section 2. This act shall take effect in 60 days.
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