PRINTER'S NO. 1868
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1307
Session of
2022
INTRODUCED BY KANE, COLLETT, KEARNEY, CAPPELLETTI, SAVAL,
COMITTA AND COSTA, JULY 21, 2022
REFERRED TO JUDICIARY, JULY 21, 2022
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for definitions and for
possession of firearm by minor; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6102 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 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:
"Assault weapon." Any of the following:
(1) A semiautomatic rifle that has an ability to accept
a detachable 44 magazine and has at least one of the
following characteristics:
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(i) A part or combination of parts designed and
intended to accelerate the rate of fire of the
semiautomatic firearm to simulate the rate of fire of a
machinegun.
(ii) A folding or telescoping stock.
(iii) A pistol grip that protrudes conspicuously
beneath the action of the semiautomatic rifle.
(iv) A thumbhole stock, a second handgrip or a
protruding grip that can be held by the nontrigger hand.
(v) A bayonet mount, a flash suppressor, muzzle
break or muzzle compensator.
(vi) A threaded barrel designed to accommodate a
flash suppressor, muzzle break or muzzle compensator.
(vii) A grenade launcher.
(2) A semiautomatic shotgun that has at least one of the
following characteristics:
(i) A folding or telescoping stock.
(ii) A thumbhole stock.
(iii) A second handgrip or a protruding grip that
can be held by the nontrigger hand.
(iv) A fixed magazine capacity in excess of seven
rounds.
(v) An ability to accept a detachable magazine.
(vi) A revolving cylinder.
* * *
"Machinegun." As defined in section 201 of the Internal
Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 5845).
"Peace officer." Any of the following:
(1) A person who by virtue of the person's office or
public employment is vested by law with a duty to maintain
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public order or make arrests for criminal offenses, whether
the duty extends to all criminal offenses or is limited to
specific criminal offenses.
(2) A person on active State duty under 51 Pa.C.S. § 508
(relating to active duty for emergency).
(3) A member of a park police department of a county of
the third class.
* * *
"Weapon-carrying officer." A county probation or parole
officer who is authorized to carry a weapon in connection with
performance of the duties of the officer's employment.
Section 2. Sections 6105(b), 6110.1 and 6115(b)(1)(iv)(B) of
Title 18 are amended to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
* * *
(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 or
assault weapon 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.
* * *
§ 6110.1. Possession of firearm or assault weapon 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.
(a.1) Assault weapon.--Except as provided in subsection
(b.1), a person under 21 years of age shall not purchase,
possess or transport an assault weapon.
(b) [Exception] Firearm exception.--Subsection (a) shall not
apply to a person under 18 years of age:
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(1) who 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 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).
(b.1) Assault weapon exception.--Subsection (a.1) shall not
apply to a person under 21 years of age who is:
(1) a member of the armed services;
(2) an authorized weapon-carrying officer; or
(3) a vested peace officer.
(c) Responsibility of adult.--Any person who knowingly and
intentionally delivers or provides to the minor a firearm in
violation of subsection (a), or to a person under 21 years of
age an assault weapon in violation of subsection (a.1), commits
a felony of the third degree.
(d) Forfeiture.--Any firearm in the possession of a person
under 18 years of age or assault weapon in the possession of a
person under 21 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.
§ 6115. Loans on, or lending or giving firearms prohibited.
* * *
(b) Exception.--
(1) Subsection (a) shall not apply if any of the
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following apply:
* * *
(iv) The person who receives the firearm meets all
of the following:
* * *
(B) Pursuant to section 6110.1 (relating to
possession of firearm or assault weapon 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).
* * *
Section 3. This act shall take effect in 60 days.
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