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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: January 11, 2017 04:52 PM
From: Representative Michael H. O'Brien
To: All House members
Subject: Destroying Confiscated or Recovered Firearms
In the near future, I will introduce legislation to require legally confiscated or recovered firearms to be destroyed under certain circumstances.

My legislation requires Pennsylvania’s law enforcement agencies to make reasonable efforts to identify and return all firearms to their rightful and lawful owners. However, if an owner is not identified within 120 days, the firearm must be destroyed. Furthermore, my bill would prohibit the return of a firearm to an owner who is prohibited under law from possessing a firearm.

Under my legislation, a confiscated or recovered firearm will not be destroyed if the firearm is evidence in an ongoing investigation, a criminal prosecution, or civil litigation. The firearm will only be destroyed when the investigation is complete or the court issues an order authorizing the destruction of the firearm. Finally, all confiscated firearms will be destroyed at smelting plants within the Commonwealth.

I hope you will join me in cosponsoring this legislation. Thank you in advance for your consideration.