Regular Session 2023-2024 Senate Bill 0357 P.N. 0462

PRINTER'S NO. 462

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

357

Session of

2023

INTRODUCED BY DUSH, PHILLIPS-HILL, BARTOLOTTA, ROBINSON, BROOKS,

STEFANO, MASTRIANO, PENNYCUICK, ROTHMAN, VOGEL, HUTCHINSON,

YAW, J. WARD AND REGAN, MARCH 14, 2023

REFERRED TO JUDICIARY, MARCH 14, 2023

AN ACT

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

Relations) and 34 (Game) of the Pennsylvania Consolidated

Statutes, in inchoate crimes, further providing for the

offense of possession of firearm or other dangerous weapon in

court facility; in firearms and other dangerous articles,

further providing for relinquishment of firearms and firearm

licenses by convicted persons, repealing provisions relating

to firearms not to be carried without a license and relating

to carrying loaded weapons other than firearms, providing for

license not required, further providing for prohibited

conduct during emergency, repealing provisions relating to

carrying firearms on public streets or public property in

Philadelphia, providing for sportsman's firearm permit and

further providing for licenses, for sale or transfer of

firearms, for antique firearms and for proof of license and

exception; in protection from abuse, further providing for

relief; in hunting and furtaking, further providing for

cooperation after lawfully killing big game; and, in

protection of property and persons, further providing for

loaded firearms in vehicles.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

The General Assembly finds and declares as follows:

(1) The laws in existence regulating firearms licensing

are ineffectual in preventing crime and only interfere with

the natural rights of law-abiding citizens.

(2) It is necessary to codify the inherent right to the

carrying of firearms, whether openly or concealed, and that

the right to self-defense is an inherent natural right that

shall not be questioned as stated in section 21 of Article I

of the Constitution of Pennsylvania.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 913(b)(3) and (e) and 6105.2(g)(1) of

Title 18 of the Pennsylvania Consolidated Statutes are amended

to read:

§ 913. Possession of firearm or other dangerous weapon in court

facility.

* * *

(b) Grading.--

* * *

(3) An offense under subsection (a)(1) is a summary

offense if the person is a peace officer, as defined in

section 501 (relating to definitions) and was carrying a

firearm under section [6106(b) (relating to firearms not to

be carried without a license) or] 6109 (relating to licenses)

and failed to check the firearm under subsection (e) prior to

entering the court facility.

* * *

(e) Facilities for checking firearms or other dangerous

weapons.--Each county shall make available at or within the

building containing a court facility by July 1, 2002, lockers or

similar facilities at no charge or cost for the temporary

checking of firearms by peace officers, as defined in section

501, and persons carrying firearms under section [6106(b) or]

6109 or for the checking of other dangerous weapons that are not

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otherwise prohibited by law. Any individual checking a firearm,

dangerous weapon or an item deemed to be a dangerous weapon at a

court facility must be issued a receipt. Notice of the location

of the facility shall be posted as required under subsection

(d).

* * *

§ 6105.2. Relinquishment of firearms and firearm licenses by

convicted persons.

* * *

(g) Relinquishment of licenses.--

(1) A person convicted of a crime resulting in a firearm

disability pursuant to section 6105(c)(9) shall also

relinquish to the sheriff any firearm license issued under

section [6106 (relating to firearms not to be carried without

a license) or] 6108.1 (relating to sportsman's firearm

permit) or 6109 (relating to licenses) or 23 Pa.C.S. § 6108.3

(relating to relinquishment to third party for safekeeping).

* * *

Section 2. Sections 6106 and 6106.1 of Title 18 are

repealed:

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

(a) Offense defined.--

(1) Except as provided in paragraph (2), any person who

carries a firearm in any vehicle or any person who carries a

firearm concealed on or about his person, except in his place

of abode or fixed place of business, without a valid and

lawfully issued license under this chapter commits a felony

of the third degree.

(2) A person who is otherwise eligible to possess a

valid license under this chapter but carries a firearm in any

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vehicle or any person who carries a firearm concealed on or

about his person, except in his place of abode or fixed place

of business, without a valid and lawfully issued license and

has not committed any other criminal violation commits a

misdemeanor of the first degree.

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

apply to:

(1) Constables, sheriffs, prison or jail wardens, or

their deputies, policemen of this Commonwealth or its

political subdivisions, or other law-enforcement officers.

(2) Members of the army, navy, marine corps, air force

or coast guard of the United States or of the National Guard

or organized reserves when on duty.

(3) The regularly enrolled members of any organization

duly organized to purchase or receive such firearms from the

United States or from this Commonwealth.

(4) Any persons engaged in target shooting with a

firearm, if such persons are at or are going to or from their

places of assembly or target practice and if, while going to

or from their places of assembly or target practice, the

firearm is not loaded.

(5) Officers or employees of the United States duly

authorized to carry a concealed firearm.

(6) Agents, messengers and other employees of common

carriers, banks, or business firms, whose duties require them

to protect moneys, valuables and other property in the

discharge of such duties.

(7) Any person engaged in the business of manufacturing,

repairing, or dealing in firearms, or the agent or

representative of any such person, having in his possession,

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using or carrying a firearm in the usual or ordinary course

of such business.

(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, 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.

(9) Persons licensed to hunt, take furbearers or fish in

this Commonwealth, if such persons are actually hunting,

taking furbearers or fishing as permitted by such license, or

are going to the places where they desire to hunt, take

furbearers or fish or returning from such places.

(10) Persons training dogs, if such persons are actually

training dogs during the regular training season.

(11) Any person while carrying a firearm in any vehicle,

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which person possesses a valid and lawfully issued license

for that firearm which has been issued under the laws of the

United States or any other state.

(12) A person who has a lawfully issued license to carry

a firearm pursuant to section 6109 (relating to licenses) and

that said license expired within six months prior to the date

of arrest and that the individual is otherwise eligible for

renewal of the license.

(13) Any person who is otherwise eligible to possess a

firearm under this chapter and who is operating a motor

vehicle which is registered in the person's name or the name

of a spouse or parent and which contains a firearm for which

a valid license has been issued pursuant to section 6109 to

the spouse or parent owning the firearm.

(14) A person lawfully engaged in the interstate

transportation of a firearm as defined under 18 U.S.C. §

921(a)(3) (relating to definitions) in compliance with 18

U.S.C. § 926A (relating to interstate transportation of

firearms).

(15) Any person who possesses a valid and lawfully

issued license or permit to carry a firearm which has been

issued under the laws of another state, regardless of whether

a reciprocity agreement exists between the Commonwealth and

the state under section 6109(k), provided:

(i) The state provides a reciprocal privilege for

individuals licensed to carry firearms under section

6109.

(ii) The Attorney General has determined that the

firearm laws of the state are similar to the firearm laws

of this Commonwealth.

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(16) Any person holding a license in accordance with

section 6109(f)(3).

(1) Before any exception shall be granted under

paragraph (b)(9) or (10) of this section to any person 18

years of age or older licensed to hunt, trap or fish or who

has been issued a permit relating to hunting dogs, such

person shall, at the time of securing his hunting, furtaking

or fishing license or any time after such license has been

issued, secure a sportsman's firearm permit from the county

treasurer. The sportsman's firearm permit shall be issued

immediately and be valid throughout this Commonwealth for a

period of five years from the date of issue for any legal

firearm, when carried in conjunction with a valid hunting,

furtaking or fishing license or permit relating to hunting

dogs. The sportsman's firearm permit shall be in triplicate

on a form to be furnished by the Pennsylvania State Police.

The original permit shall be delivered to the person, and the

first copy thereof, within seven days, shall be forwarded to

the Commissioner of the Pennsylvania State Police by the

county treasurer. The second copy shall be retained by the

county treasurer for a period of two years from the date of

expiration. The county treasurer shall be entitled to collect

a fee of not more than $6 for each such permit issued, which

shall include the cost of any official form. The Pennsylvania

State Police may recover from the county treasurer the cost

of any such form, but may not charge more than $1 for each

official permit form furnished to the county treasurer.

(2) Any person who sells or attempts to sell a

sportsman's firearm permit for a fee in excess of that amount

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fixed under this subsection commits a summary offense.

(d) Revocation of registration.--Any registration of a

firearm under subsection (c) of this section may be revoked by

the county treasurer who issued it, upon written notice to the

holder thereof.

(e) Definitions.--

(1) For purposes of subsection (b)(3), (4), (5), (7) and

(8), the term "firearm" shall include any weapon which is

designed to or may readily be converted to expel any

projectile by the action of an explosive or the frame or

receiver of the weapon.

(2) As used in this section, the phrase "place of

instruction" shall include any hunting club, rifle club,

rifle range, pistol range, shooting range, the premises of a

licensed firearms dealer or a lawful gun show or meet.

§ 6106.1. Carrying loaded weapons other than firearms.

(a) General rule.--Except as provided in Title 34 (relating

to game), no person shall carry a loaded pistol, revolver,

shotgun or rifle, other than a firearm as defined in section

6102 (relating to definitions), in any vehicle. The provisions

of this section shall not apply to persons excepted from the

requirement of a license to carry firearms under section 6106(b)

(1), (2), (5) or (6) (relating to firearms not to be carried

without a license) nor shall the provisions of this section be

construed to permit persons to carry firearms in a vehicle where

such conduct is prohibited by section 6106.

(b) Penalty.--A person who violates the provisions of this

section commits a summary offense.]

Section 3. Title 18 is amended by adding a section to read:

§ 6106.2. License not required.

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(a) Declaration.--Notwithstanding any other provision of

law, except when engaging in an activity regulated by 34 Pa.C.S.

(relating to game), every person present in this Commonwealth

who is not prohibited from possessing firearms under Federal law

or the laws of this Commonwealth shall have an affirmative,

fundamental and constitutional right to keep and bear firearms,

including the right to carry openly or concealed, carry loaded

or unloaded, train with, transport, possess, use, acquire,

purchase, transfer, inherit, buy, sell, give or otherwise

dispose of or receive any firearm without a license to carry a

firearm of any kind from this Commonwealth or any of its

political subdivisions.

(b) Optional license.--Obtaining a license to carry a

firearm under this chapter shall be optional. The voluntary

nature of the license shall not be construed to require that any

person obtain a license to carry a firearm under this chapter.

"firearm" shall include any weapon which is designed to or may

readily be converted to expel any projectile by the action of an

explosive or the frame or receiver of the weapon.

Section 4. Section 6107 of Title 18 is amended to read:

§ 6107. Prohibited conduct during emergency.

[(a) General rule.--No person shall carry a firearm upon the

public streets or upon any public property during an emergency

proclaimed by a State or municipal governmental executive unless

that person is:

(1) Actively engaged in a defense of that person's life

or property from peril or threat.

(2) Licensed to carry firearms under section 6109

(relating to licenses) or is exempt from licensing under

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section 6106(b) (relating to firearms not to be carried

without a license).]

(b) Seizure, taking and confiscation.--[Except as otherwise

provided under subsection (a) and notwithstanding]

Notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to

Commonwealth services) or any other provision of law to the

contrary, no firearm, accessory or ammunition may be seized,

taken or confiscated during an emergency unless the seizure,

taking or confiscation would be authorized absent the emergency.

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

subsection:

"Accessory." Any scope, sight, bipod, sling, light,

magazine, clip or other related item that is attached to or

necessary for the operation of a firearm.

"Firearm." The term includes any weapon that is designed to

or may readily be converted to expel any projectile by the

action of an explosive or the frame or receiver of any weapon.

Section 5. Section 6108 of Title 18 is repealed:

[§ 6108. Carrying firearms on public streets or public property

in Philadelphia.

No person shall carry a firearm, rifle or shotgun at any time

upon the public streets or upon any public property in a city of

the first class unless:

(1) such person is licensed to carry a firearm; or

(2) such person is exempt from licensing under section

6106(b) of this title (relating to firearms not to be carried

without a license).]

Section 6. Title 18 is amended by adding a section to read:

§ 6108.1. Sportsman's firearm permit.

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(a) Purpose.--The purpose of this section is to allow a

person to carry a firearm for the purpose of self-defense while

the person is engaged in an activity regulated by 34 Pa.C.S.

(relating to game).

(b) Permit allowed.--Any person 18 years of age or older who

has been issued a hunting license, trapping license or fishing

license or who has been issued a permit relating to hunting dogs

may, at the time of obtaining his hunting, trapping or fishing

license or any time after the license has been issued, obtain a

sportsman's firearm permit from the county treasurer.

issued immediately and shall be valid throughout this

Commonwealth for a period of five years from the date of issue

for any legal firearm when carried in conjunction with a valid

hunting, furtaking or fishing license or permit relating to

hunting dogs.

(d) Form.--The sportsman's firearm permit shall be in

triplicate on a form to be furnished by the Pennsylvania State

Police. The original permit shall be delivered to the person,

and a copy of the permit shall be forwarded to the Commissioner

of Pennsylvania State Police by the county treasurer within

seven days of the date of delivery. A copy of the permit shall

be retained by the county treasurer for a period of two years

from the date of expiration.

(e) Fee.--The county treasurer may collect a fee of not more

than $6 for each permit issued, which shall include the cost of

any official form. The Pennsylvania State Police may recover

from the county treasurer the cost of the form, but may not

charge more than $1 for each official permit form furnished to

the county treasurer.

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(f) Offense.--A person who sells or attempts to sell a

sportsman's firearm permit for a fee in excess of the amount

determined under this section commits a summary offense.

Section 7. Sections 6109(a), (b), (c), (d) heading,

introductory paragraph and (3), (e)(1) introductory paragraph,

(i), (v) and (vii), (3)(ii) and (4), (f)(2) and (4), (g), (h)(3)

and (4), (i.1) heading and (1), (j) and (m.1)(1) introductory

paragraph and (ii), (2), (3), (4), (7) and (9), 6111(f)(3),

6118(b) and 6122 of Title 18 are amended to read:

§ 6109. Licenses.

(a) Purpose of license.--[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 throughout this Commonwealth.]

(1) Due to every person present in this Commonwealth

having a fundamental constitutional right to keep and bear

arms, obtaining a license under this section shall be

optional. Nothing in this section shall be construed to

require that a person must obtain a license under this

section in order to carry a concealed firearm.

(2) The voluntary nature of a license to carry a firearm

may not be construed to relieve the issuing authority of the

burden of proof for denying an application for a license.

(3) A license to carry a firearm shall be available to

those who wish to carry a firearm openly or concealed on or

about one's person or in a vehicle and shall be valid

throughout this Commonwealth.

(4) A license to carry a firearm shall provide a person

with the ability to carry a firearm in any state with which

the Commonwealth maintains a reciprocal agreement for the

mutual recognition of licenses to carry firearms.

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(b) Place of application.--An individual who is 21 years of

age or older may apply to [a sheriff] the proper issuing

authority for a license to carry a firearm [concealed on or

about his person or in a vehicle] within this Commonwealth. If

the applicant is a resident of this Commonwealth, he shall make

application with the sheriff of the county in which he resides

or, if a resident of a city of the first class, with the chief

of police of that city. If the applicant is not a resident of

this Commonwealth, he shall make application with the proper

issuing authority of any county.

process 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. Issuing authorities shall use only the application

form prescribed by the Pennsylvania State Police. One of the

following reasons for obtaining a firearm 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

involuntarily committed to a mental institution. In the

alternative my right to possess a firearm has been

legally restored. 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

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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] issuing

authority, 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] issuing

authority.

(d) [Sheriff to conduct] Pre-issuance investigation.--The

[sheriff] issuing authority to whom the application is made

shall:

* * *

[(3) investigate whether the applicant's character and

reputation are such that the applicant will not be likely to

act in a manner dangerous to public safety;]

* * *

(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,] issued after

an investigation not to exceed [45] 14 calendar days, [it

appears that the applicant is an individual concerning whom

no] unless 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

20230SB0357PN0462 - 14 -

manner dangerous to public safety.]

* * *

(v) An individual who is not of sound mind or who

has ever been involuntarily committed to a mental

institution[.], unless the involuntary commitment has

been expunged, vacated or granted relief from a

prohibition to possess a firearm.

* * *

[(vii) An individual who is a habitual drunkard.]

* * *

(3) The license to carry a firearm shall be designed to

be uniform throughout this Commonwealth and shall be in a

form prescribed by the Pennsylvania State Police. The license

shall bear the following:

* * *

(ii) The signature of the [sheriff] authority

issuing the license.

* * *

(4) The [sheriff] issuing authority shall require a

photograph of the licensee on the license. The photograph

shall be in a form compatible with the Commonwealth Photo

Imaging Network.

* * *

(f) Term of license.--

* * *

(2) At least 60 days prior to the expiration of each

license, the issuing [sheriff] authority shall send to the

licensee an application for renewal of license. Failure to

receive a renewal application shall not relieve a licensee

from the responsibility to renew the license.

20230SB0357PN0462 - 15 -

* * *

[(4) Possession of a license, together with a copy of

the person's military orders showing the dates of overseas

deployment, including the date that the overseas deployment

ends, shall constitute, during the extension period specified

in paragraph (3), a defense to any charge filed pursuant to

section 6106 (relating to firearms not to be carried without

a license) or 6108 (relating to carrying firearms on public

streets or public property in Philadelphia).]

(g) Grant or denial of license.--Upon the receipt of an

application for a license to carry a firearm, the [sheriff]

issuing authority shall, within [45] 14 calendar days, issue or

refuse to issue a license on the basis of the investigation

under subsection (d) and the accuracy of the information

contained in the application. If the [sheriff] issuing authority

refuses to issue a license, the [sheriff] issuing authority

shall notify the applicant in writing of the refusal and the

specific reasons. The notice shall be sent by certified mail to

the applicant at the address set forth in the application.

(h) Fee.--

* * *

(3) An additional fee of $1 shall be paid by the

applicant for a license to carry a firearm and shall be

remitted by the [sheriff] issuing authority to the Firearms

License Validation System Account, which is hereby

established as a special restricted receipt account within

the General Fund of the State Treasury. The account shall be

used for purposes under subsection (l). Moneys credited to

the account and any investment income accrued are hereby

appropriated on a continuing basis to the Pennsylvania State

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Police.

(4) No fee other than that provided by this subsection

or the Sheriff Fee Act may be assessed by the [sheriff]

issuing authority for the performance of any background check

made pursuant to this act.

* * *

(i.1) Notice to [sheriff] issuing authority.--

Notwithstanding any statute to the contrary:

(1) Upon conviction of a person for a crime specified in

section 6105(a) or (b) or upon conviction of a person for a

crime punishable by imprisonment exceeding one year or upon a

determination that the conduct of a person meets the criteria

specified in section 6105(c)(1), (2), (3), (5), (6) or (9),

the court shall determine if the defendant has a license to

carry firearms issued pursuant to this section. If the

defendant has such a license, the court shall notify the

[sheriff of the county in which that person resides] issuing

authority, on a form developed by the Pennsylvania State

Police, of the identity of the person and the nature of the

crime or conduct which resulted in the notification. The

notification shall be transmitted by the judge within seven

days of the conviction or determination.

* * *

(j) Immunity.--[A sheriff] An issuing authority who complies

in good faith with this section shall be immune from liability

resulting or arising from the action or misconduct with a

firearm committed by any individual to whom a license to carry a

firearm has been issued.

* * *

(m.1) Temporary emergency licenses.--

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(1) A person seeking a temporary emergency license to

carry a concealed firearm shall submit to the [sheriff]

issuing authority of the county in which the person resides

all of the following:

* * *

(ii) A sworn affidavit that contains the information

required on an application for a license to carry a

firearm and attesting that the person is 21 years of age

or older, is not prohibited from owning firearms under

section 6105 [(relating to persons not to possess, use,

manufacture, control, sell or transfer firearms)] or any

other Federal or State law and is not currently subject

to a protection from abuse order or a protection order

issued by a court of another state.

* * *

(2) Upon receipt of the items required under paragraph

(1), the [sheriff] issuing authority immediately shall

conduct a criminal history, juvenile delinquency and mental

health record check of the applicant pursuant to section

6105. Immediately upon receipt of the results of the records

check, the [sheriff] issuing authority shall review the

information and shall determine whether the applicant meets

the criteria set forth in this subsection. If the [sheriff]

issuing authority determines that the applicant has met all

of the criteria, the [sheriff] issuing authority shall

immediately issue the applicant a temporary emergency license

to carry a concealed firearm.

(3) If the [sheriff] issuing authority refuses to issue

a temporary emergency license, the [sheriff] issuing

authority shall specify the grounds for the denial in a

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written notice to the applicant. The applicant may appeal the

denial or challenge criminal records check results that were

the basis of the denial, if applicable, in the same manner as

a denial of a license to carry a firearm under this section.

(4) A temporary emergency license issued under this

subsection shall be valid for [45] 14 days and may not be

renewed. A person who has been issued a temporary emergency

license under this subsection shall not be issued another

temporary emergency license unless at least five years have

expired since the issuance of the prior temporary emergency

license. During the [45] 14 days the temporary emergency

license is valid, the [sheriff] issuing authority shall

conduct an additional investigation of the person for the

purposes of determining whether the person may be issued a

license pursuant to this section. If, during the course of

this investigation, the [sheriff] issuing authority discovers

any information that would have prohibited the issuance of a

license pursuant to this section, the [sheriff] issuing

authority shall be authorized to revoke the temporary

emergency license as provided in subsection (i).

* * *

(7) [A sheriff] An issuing authority who issues a

temporary emergency license to carry a firearm shall retain,

for the entire period during which the temporary emergency

license is in effect, the evidence of imminent danger that

the applicant submitted to the [sheriff] issuing authority

that was the basis for the license, or a copy of the

evidence, as appropriate.

* * *

(9) Prior to the expiration of a temporary emergency

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license, if the [sheriff] issuing authority has determined

pursuant to investigation that the person issued a temporary

emergency license is not disqualified and if the temporary

emergency license has not been revoked pursuant to subsection

(i), the [sheriff] issuing authority shall issue a license

pursuant to this section that is effective for the balance of

the five-year period from the date of the issuance of the

temporary emergency license. Records and all other

information, duties and obligations regarding such licenses

shall be applicable as otherwise provided in this section.

* * *

§ 6111. Sale or transfer of firearms.

* * *

(f) Application of section.--

* * *

(3) The provisions contained in subsection (a) shall not

apply to [any law enforcement officer] a peace officer, as

defined in section 501 (relating to definitions) and

including an officer or employee of the United States duly

authorized to carry a concealed firearm, whose current

identification as a law enforcement officer shall be

construed as a valid license to carry a firearm or any person

who possesses a valid license to carry a firearm under

section 6109 (relating to licenses).

* * *

§ 6118. Antique firearms.

* * *

(b) Exception.--Subsection (a) shall not apply [to the

extent that such antique firearms, reproductions or replicas of

firearms are concealed weapons as provided in section 6106

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(relating to firearms not be carried without a license), nor

shall it apply] to the provisions of section 6105 (relating to

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

transfer firearms) if such antique firearms, reproductions or

replicas of firearms are suitable for use.

* * *

§ 6122. Proof of license and exception.

(a) General rule.--[When] Except as provided in subsection

(b), when carrying a firearm [concealed] as prohibited by 34

Pa.C.S. (relating to game) and only permissible with a license

issued under section 6108.1 (relating to sportsman's firearm

permit) on or about one's person or in a vehicle, an individual

licensed to carry a firearm shall, upon lawful demand of a law

enforcement officer, produce the license for inspection. Failure

to produce [such] the license either at the time of arrest or at

the preliminary hearing shall create a rebuttable presumption of

nonlicensure.

(b) Exception.--[An]

(1) Subject to paragraph (2), an individual carrying a

firearm on or about [his] the individual's person or in a

vehicle and claiming an exception [under section 6106(b)

(relating to firearms not to be carried without a license)]

regarding a separate license for the firearm shall, upon

lawful demand of a law enforcement officer, produce

satisfactory evidence of qualification for exception.

(2) This subsection applies to the following:

(i) A constable, sheriff, prison or jail warden, or

a deputy of the constable, sheriff or prison or jail

wardens, a policeman of this Commonwealth or any of its

political subdivisions or any other law enforcement

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officer.

(ii) A member of the army, navy, marine corps, air

force or coast guard of the United States or of the

National Guard or organized reserves when on duty.

(iii) The regularly enrolled member of an

organization duly organized to purchase or receive

firearms from the United States or from this

Commonwealth.

(iv) A person engaged in target shooting with a

firearm, if the person is at or is going to or from the

place of assembly or target practice and if, while going

to or from the place of assembly or target practice, the

firearm is not loaded.

(v) An officer or employee of the United States duly

authorized to carry a concealed firearm.

(vi) An agent, messenger or other employee of a

common carrier, bank or business firm, whose duties

require the protection of money, valuables and other

property in the discharge of duties.

(vii) A person engaged in the business of

manufacturing, repairing or dealing in firearms, or the

agent or representative of the person, having in the

person's possession, using or carrying a firearm in the

usual or ordinary course of the business.

(viii) A person while carrying a firearm which is

not loaded and is in a secure wrapper from the place of

purchase to the person's home or place of business, or to

a place of repair, sale or appraisal or back to the

person's home or place of business, or in moving from one

place of abode or business to another or from the

20230SB0357PN0462 - 22 -

person's 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 in accordance with 23 Pa.C.S. § 6108.2

(relating to relinquishment for consignment sale, lawful

transfer or safekeeping) or back upon return of the

relinquished firearm or to a location for safekeeping in

accordance with 23 Pa.C.S. § 6108.3 (relating to

relinquishment to third party for safekeeping) or back

upon return of the relinquished firearm.

(ix) A person licensed to hunt, take furbearers or

fish in this Commonwealth, if the person is actually

hunting, taking furbearers or fishing as permitted by the

license, or is going to the place where the person

desires to hunt, take furbearers or fish or returning

from the place.

(x) A person training dogs, if the person is

actually training dogs during the regular training

season.

(xi) A person while carrying a firearm in a vehicle,

which person possesses a valid and lawfully issued

license for that firearm which has been issued under the

laws of the United States or any other state.

(xii) A person who has a lawfully issued license to

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carry a firearm in accordance with section 6109 and that

license expired within six months prior to the date of

arrest and that the individual is otherwise eligible for

renewal of the license.

(xiii) A person who is otherwise eligible to possess

a firearm under this chapter and who is operating a motor

vehicle which is registered in the person's name or the

name of a spouse or parent and which contains a firearm

for which a valid license has been issued in accordance

with section 6109 to the spouse or parent owning the

firearm.

(xiv) A person lawfully engaged in the interstate

transportation of a firearm as defined under 18 U.S.C. §

921(a)(3) (relating to definitions) in compliance with 18

U.S.C. § 926A (relating to interstate transportation of

firearms).

(xv) A person who possesses a valid and lawfully

issued license or permit to carry a firearm which has

been issued under the laws of another state, regardless

of whether a reciprocity agreement exists between the

Commonwealth and the state under section 6109(k),

provided:

(A) The state provides a reciprocal privilege

for individuals licensed to carry firearms under

section 6109.

(B) The Attorney General has determined that the

firearm laws of the state are similar to the firearm

laws of this Commonwealth.

(xvi) A person holding a license in accordance with

section 6109(f)(3).

20230SB0357PN0462 - 24 -

(3) As follows:

(i) For purposes of paragraph (2)(iii), (iv), (v),

(vii) and (viii), the term "firearm" includes a weapon

that is designed to or may readily be converted to expel

a projectile by the action of an explosive or the frame

or receiver of the weapon.

(ii) For purposes of paragraph (2), the phrase

"place of instruction" includes a hunting club, rifle

club, rifle range, pistol range, shooting range, the

premises of a licensed firearms dealer or a lawful gun

show or meet.

Section 8. Section 6108(a)(7) introductory paragraph of

Title 23 is amended to read:

§ 6108. Relief.

(a) General rule.--Subject to subsection (a.1), 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:

* * *

(7) Prohibiting the defendant from acquiring or

possessing any firearm for the duration of the order,

ordering the defendant to temporarily relinquish to the

sheriff or the appropriate law enforcement agency any

firearms under the defendant's possession or control, and

requiring the defendant to relinquish to the sheriff or the

appropriate law enforcement agency 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] 6108.1

(relating to sportsman's firearm permit) or 6109 (relating to

20230SB0357PN0462 - 25 -

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 appropriate law enforcement agency

and to the sheriff of the county of which the defendant is a

resident. When relinquishment is ordered, the following shall

apply:

* * *

Section 9. Sections 2325(a.1), 2503(b)(3) and 2525(a) of

Title 34 are amended to read:

§ 2325. Cooperation after lawfully killing big game.

* * *

(a.1) Exception.--Nothing in this section shall prohibit any

person from carrying a loaded handgun in the field provided that

person is in compliance with 18 Pa.C.S. § [6109 (relating to

licenses)] 6108.1 (relating to sportsman's firearm permit).

* * *

§ 2503. Loaded firearms in vehicles.

* * *

(b) Exceptions.--This section shall not be construed to

apply to:

* * *

(3) A person carrying a loaded pistol or revolver when

in possession of a valid firearms license issued by the chief

or head of any police force or the sheriff of a county when

the license is issued for protection under 18 Pa.C.S. Ch. 61

Subch. A (relating to Uniform Firearms Act) or issued under

18 Pa.C.S. § 6108.1 (relating to sportsman's firearm permit).

20230SB0357PN0462 - 26 -

* * *

§ 2525. Possession of firearm for protection of self or others.

(a) General rule.--It is lawful for a law enforcement

officer or any person who possesses a valid license to carry a

firearm issued under 18 Pa.C.S. § [6109 (relating to licenses)]

6108.1 (relating to sportsman's firearm permit) to be in

possession of a loaded or unloaded firearm while engaged in any

activity regulated by this title.

* * *

Section 10. This act shall take effect in 60 days.

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