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PRIOR PRINTER'S NO. 674
PRINTER'S NO. 1091
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
731
Session of
2023
INTRODUCED BY PARKER, HOHENSTEIN, RABB, MADDEN, SANCHEZ, KINSEY,
CIRESI, SCHLOSSBERG, KINKEAD, HILL-EVANS, SHUSTERMAN, HOWARD,
FIEDLER, WARREN, OTTEN, FRANKEL, GREEN, KHAN, KENYATTA,
PIELLI, WAXMAN, BOROWSKI, BULLOCK, HANBIDGE, MAYES, CEPEDA-
FREYTIZ, DELLOSO, KRUEGER, VENKAT, STURLA, SAPPEY, ISAACSON,
SCHWEYER, VITALI, FRIEL, D. WILLIAMS, PASHINSKI, O'MARA AND
BOYLE, MARCH 28, 2023
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 1, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for locking device for firearms;
PROVIDING FOR SAFE STORAGE OF FIREARM WHEN NOT IN USE; AND
IMPOSING PENALTIES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6142(a) and (f) of Title 18 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 6142. Locking device for firearms.
(a) Offense defined.--It shall be unlawful for any licensee
to sell, deliver or transfer any firearm [as defined in section
6102 (relating to definitions)], other than an antique firearm
as defined in section 6118 (relating to antique firearms), to
any other person, other than another licensee, unless the
transferee is provided with or purchases a locking device for
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that firearm or the design of the firearm incorporates a locking
device.
* * *
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Firearm." Either of the following:
(1) a weapon that is designed to or readily convertible
to expel a projectile by the action of an explosive; or
(2) the frame or receiver of a weapon.
"Licensee." Any licensed manufacturer, importer or dealer of
firearms.
"Locking device." Either of the following:
(1) a device that, when installed on a firearm, is
designed to prevent the firearm from being operated without
first deactivating the device; or
(2) a device that is incorporated into the design of a
firearm and that is designed to prevent the operation of the
firearm by anyone not having access to the device.
SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
§ 6143. SAFE STORAGE OF FIREARM WHEN NOT IN USE.
(A) STORAGE REQUIREMENTS.--A PERSON WHO OWNS A FIREARM SHALL
SECURE THE FIREARM:
(1) WITH A DEVICE THAT, IF INSTALLED ON A FIREARM AND
SECURED BY MEANS OF A KEY OR A MECHANICAL, ELECTRONIC OR
ELECTROMECHANICAL COMBINATION LOCK, PREVENTS THE FIREARM FROM
BEING DISCHARGED WITHOUT FIRST DEACTIVATING OR REMOVING THE
DEVICE;
(2) WITH A LOCKING MECHANISM INCORPORATED INTO THE
DESIGN OF THE FIREARM THAT PREVENTS DISCHARGE OF THE FIREARM
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BY A PERSON 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 WAS ON THE PERSON'S BODY.
(C) PENALTIES.--A PERSON WHO VIOLATES SUBSECTION (A)
COMMITS:
(1) A SUMMARY OFFENSE WITH NO TERM OF IMPRISONMENT IF
THE OFFENSE IS A FIRST OFFENSE.
(2) A MISDEMEANOR OF THE THIRD DEGREE IF THE OFFENSE IS
A SECOND OR SUBSEQUENT OFFENSE.
(3) A FELONY OF THE THIRD DEGREE IF:
(I) ANOTHER PERSON 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
ACCIDENT OR HUNTING ACCIDENT.
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(4) POSSESSION OF THE FIREARM IS INCIDENTAL TO THE
PERFORMANCE OF THE OFFICIAL DUTIES OF THE UNITED STATES ARMED
FORCES, THE PENNSYLVANIA NATIONAL GUARD OR THE PERSONNEL OF A
FEDERAL, STATE OR LOCAL LAW ENFORCEMENT AGENCY.
Section 2 3. This act shall take effect in 60 days.
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