PRIOR PRINTER'S NO. 503 PRINTER'S NO. 3322
No. 444 Session of 1991
INTRODUCED BY GODSHALL, DEMPSEY, GEIST, TRELLO, CLARK,
E. Z. TAYLOR, COY, STAIRS, PESCI, MAIALE, McNALLY, G. SNYDER,
HERMAN, MERRY, ALLEN, CORNELL, FARMER, SCRIMENTI, NOYE,
LESCOVITZ, BUNT, JAROLIN, COLAIZZO, McCALL, D. W. SNYDER,
CIVERA, KASUNIC, ULIANA, BILLOW, THOMAS, PHILLIPS, STEELMAN
AND SCHEETZ, MARCH 11, 1991
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 24, 1992
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting certain classes of persons
3 from possessing a firearm, rifle or shotgun; FURTHER <--
4 PROVIDING FOR SALE OF FIREARMS; and providing for relief from
5 disability.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 6105 and 6123 of Title 18 of the <--
9 Pennsylvania Consolidated Statutes are amended to read:
10 § 6105. [Former convict not to own a firearm, etc.] Certain
11 persons not to possess firearms.
12 (a) Crimes of violence.--No person who has been convicted in
13 this Commonwealth or elsewhere of a crime of violence shall own
14 a firearm, or have one in his possession or under his control.
15 (b) Other persons.--Except as provided in subsection (c), it
16 shall be unlawful for any of the following persons to have a
17 firearm, rifle or shotgun in his possession or under his
1 control:
2 (1) A person who has been convicted in any court of a
3 crime punishable by imprisonment exceeding one year.
4 (2) A person who is a fugitive from justice.
5 (3) A person who is an unlawful user of or addicted to
6 any controlled substance, as defined in section 2 of the act
7 of April 14, 1972 (P.L.233, No.64), known as The Controlled
8 Substance, Drug, Device and Cosmetic Act.
9 (4) A person who has been adjudicated as an incompetent
10 or who has been involuntarily committed to a mental
11 institution under the provisions of the act of July 9, 1976
12 (P.L.817, No.143), known as the Mental Health Procedures Act,
13 for inpatient care and treatment.
14 (5) A person who, being an alien, is illegally or
15 unlawfully in the United States.
16 (6) A person who has been discharged from the armed
17 forces under dishonorable conditions.
18 (7) A person who, having been a citizen of the United
19 States, has renounced his citizenship.
20 (c) Exemption.--Any person specified in subsection (b) shall
21 be exempt from the disabilities imposed by that subsection if
22 any of the following apply:
23 (1) The conviction has been vacated or expunged under
24 circumstances where all appeals have been exhausted or where
25 the right to appeal has expired.
26 (2) The conviction has been the subject of a full pardon
27 by the Governor.
28 (3) The Secretary of the Treasury of the United States
29 has relieved the person of an applicable disability imposed
30 by Federal law upon the possession of a firearm, rifle or
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1 shotgun as a result of the person's prior conviction or
2 commitment to a mental institution.
3 (d) Other restrictions.--Nothing in this section shall
4 exempt a person from a disability in relation to the ownership,
5 possession or control of a firearm, rifle or shotgun which is
6 imposed as a condition of probation or parole or which is
7 imposed pursuant to the provision of any law other than this
8 section.
9 SECTION 1. SECTION 6105 OF TITLE 18 OF THE PENNSYLVANIA <--
10 CONSOLIDATED STATUTES IS AMENDED TO READ:
11 [§ 6105. FORMER CONVICT NOT TO OWN A FIREARM, ETC.
12 NO PERSON WHO HAS BEEN CONVICTED IN THIS COMMONWEALTH OR
13 ELSEWHERE OF A CRIME OF VIOLENCE SHALL OWN A FIREARM, OR HAVE
14 ONE IN HIS POSSESSION OR UNDER HIS CONTROL.]
15 SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ:
16 § 6105.1. CERTAIN PERSONS NOT TO POSSESS FIREARMS.
17 (A) GENERAL RULE.--A PERSON WHO HAS BEEN CONVICTED IN THIS
18 COMMONWEALTH OR ELSEWHERE OF A CRIME OF VIOLENCE OR OF A FELONY
19 VIOLATION UNDER THE ACT OF APRIL 14, 1972 (P.L.233, NO.64),
20 KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC
21 ACT, MAY NOT OWN A FIREARM, RIFLE OR SHOTGUN OR HAVE ANY OF
22 THESE WEAPONS IN HIS POSSESSION OR UNDER HIS CONTROL.
23 (B) OTHER PERSON.--IT SHALL BE UNLAWFUL FOR ANY OF THE
24 FOLLOWING PERSONS TO HAVE A FIREARM, RIFLE OR SHOTGUN IN HIS
25 POSSESSION OR UNDER HIS CONTROL:
26 (1) A PERSON WHO HAS BEEN CONVICTED IN ANY COURT OF AN
27 OFFENSE CLASSIFIED AS A FELONY OR WHO HAS BEEN CONVICTED OF
28 AN ATTEMPT, SOLICITATION OR A CONSPIRACY TO COMMIT A FELONY.
29 (2) A PERSON WHO IS A FUGITIVE FROM JUSTICE.
30 (3) A PERSON WHO IS AN UNLAWFUL USER OF OR ADDICTED TO
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1 ANY CONTROLLED SUBSTANCE, AS DEFINED IN SECTION 2 OF THE
2 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
3 (4) A PERSON WHO HAS BEEN ADJUDICATED AS AN INCOMPETENT
4 OR WHO HAS BEEN INVOLUNTARILY COMMITTED TO A MENTAL
5 INSTITUTION UNDER THE PROVISIONS OF THE ACT OF JULY 9, 1976
6 (P.L.817, NO.143), KNOWN AS THE MENTAL HEALTH PROCEDURES ACT,
7 FOR INPATIENT CARE AND TREATMENT.
8 (5) A PERSON WHO, BEING AN ALIEN, IS ILLEGALLY OR
9 UNLAWFULLY IN THE UNITED STATES.
10 (6) A PERSON WHO HAS BEEN DISCHARGED FROM THE ARMED
11 FORCES UNDER DISHONORABLE CONDITIONS.
12 (7) A PERSON WHO, HAVING BEEN A CITIZEN OF THE UNITED
13 STATES, HAS RENOUNCED HIS CITIZENSHIP.
14 (C) EXEMPTION.--
15 (1) A PERSON WHO HAS BEEN CONVICTED OF A CRIME SPECIFIED
16 IN SUBSECTION (A) MAY MAKE APPLICATION TO THE COURT OF COMMON
17 PLEAS OF THE COUNTY WHERE THE PRINCIPAL RESIDENCE OF THE
18 APPLICANT IS SITUATED FOR RELIEF FROM THE DISABILITY IMPOSED
19 BY THIS SECTION UPON THE OWNERSHIP, POSSESSION OR CONTROL OF
20 A RIFLE OR SHOTGUN, OTHER THAN A RIFLE OR SHOTGUN THAT FALLS
21 WITHIN THE DEFINITION OF A FIREARM. THE COURT SHALL GRANT
22 SUCH RELIEF IF IT DETERMINES THAT ANY OF THE FOLLOWING APPLY:
23 (I) THE CONVICTION HAS BEEN VACATED OR EXPUNGED
24 UNDER CIRCUMSTANCES WHERE ALL APPEALS HAVE BEEN EXHAUSTED
25 OR WHERE THE RIGHT TO APPEAL HAS EXPIRED.
26 (II) THE CONVICTION HAS BEEN THE SUBJECT OF A FULL
27 PARDON BY THE GOVERNOR.
28 (III) EACH OF THE FOLLOWING CONDITIONS IS MET:
29 (A) THE SECRETARY OF THE TREASURY OF THE UNITED
30 STATES HAS RELIEVED THE APPLICANT OF AN APPLICABLE
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1 DISABILITY IMPOSED BY FEDERAL LAW UPON THE
2 POSSESSION, OWNERSHIP OR CONTROL OF A RIFLE OR
3 SHOTGUN AS A RESULT OF THE APPLICANT'S PRIOR
4 CONVICTION.
5 (B) A PERIOD OF TEN YEARS HAS ELAPSED SINCE THE
6 MOST RECENT CONVICTION OF THE APPLICANT OF A CRIME OF
7 VIOLENCE OR A FELONY VIOLATION OF THE CONTROLLED
8 SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
9 (C) A PERIOD OF FIVE YEARS HAS ELAPSED SINCE THE
10 APPLICANT HAS COMPLETED THE MOST RECENT TERM OF
11 IMPRISONMENT.
12 (2) ANY PERSON SPECIFIED IN SUBSECTION (B) SHALL BE
13 EXEMPT FROM THE DISABILITIES IMPOSED BY THAT SUBSECTION IF
14 ANY OF THE FOLLOWING APPLY:
15 (I) THE CONVICTION HAS BEEN VACATED OR EXPUNGED
16 UNDER CIRCUMSTANCES WHERE ALL APPEALS HAVE BEEN EXHAUSTED
17 OR WHERE THE RIGHT TO APPEAL HAS EXPIRED.
18 (II) THE CONVICTION HAS BEEN SUBJECT OF A FULL
19 PARDON BY THE GOVERNOR.
20 (III) THE SECRETARY OF THE TREASURY OF THE UNITED
21 STATES HAS RELIEVED THE PERSON OF AN APPLICABLE
22 DISABILITY IMPOSED BY FEDERAL LAW UPON THE POSSESSION OF
23 A FIREARM, RIFLE OR SHOTGUN AS A RESULT OF THE PERSON'S
24 PRIOR CONVICTION OR COMMITMENT TO A MENTAL INSTITUTION.
25 (D) PROCEEDINGS.--IF A PERSON CONVICTED OF AN OFFENSE UNDER
26 SUBSECTION (A) MAKES APPLICATION TO THE COURT, A HEARING SHALL
27 BE HELD IN OPEN COURT TO DETERMINE WHETHER THE REQUIREMENTS OF
28 THIS SECTION HAVE BEEN MET. THE COMMISSIONER OF THE PENNSYLVANIA
29 STATE POLICE AND THE DISTRICT ATTORNEY OF THE COUNTY WHERE THE
30 APPLICATION IS FILED SHALL BE PARTIES TO THE PROCEEDING.
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1 (E) OTHER RESTRICTIONS.--NOTHING IN THIS SECTION SHALL
2 EXEMPT A PERSON FROM A DISABILITY IN RELATION TO THE OWNERSHIP,
3 POSSESSION OR CONTROL OF A FIREARM, RIFLE OR SHOTGUN WHICH IS
4 IMPOSED AS A CONDITION OF PROBATION OR PAROLE OR WHICH IS
5 IMPOSED PURSUANT TO THE PROVISION OF ANY LAW OTHER THAN THIS
6 SECTION.
7 SECTION 3. SECTIONS 6111(B) AND 6123 OF TITLE 18 ARE AMENDED
8 TO READ:
9 § 6111. SALE OF FIREARMS.
10 * * *
11 (B) STATEMENT TO BE SIGNED BY PURCHASER.--AT THE TIME OF
12 APPLYING FOR THE PURCHASE OF A FIREARM, THE PURCHASER SHALL SIGN
13 IN QUADRUPLICATE AND DELIVER TO THE SELLER A STATEMENT
14 CONTAINING HIS FULL NAME, ADDRESS, OCCUPATION, COLOR, PLACE OF
15 BIRTH, THE DATE AND HOUR OF APPLICATION, THE CALIBER, LENGTH OF
16 BARREL, MAKE, MODEL, AND MANUFACTURER'S NUMBER OF THE FIREARM TO
17 BE PURCHASED, AND A STATEMENT THAT HE HAS NEVER BEEN CONVICTED
18 IN THIS COMMONWEALTH, OR ELSEWHERE, OF A CRIME OF VIOLENCE OR OF
19 A FELONY VIOLATION OF THE ACT OF APRIL 14, 1972 (P.L.233,
20 NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND
21 COSMETIC ACT OR A VIOLATION OF SECTION 6105.1(B). THE SELLER
22 SHALL, WITHIN SIX HOURS AFTER SUCH APPLICATION, SIGN AND ATTACH
23 HIS ADDRESS AND FORWARD BY REGISTERED OR CERTIFIED MAIL ONE COPY
24 OF SUCH STATEMENT TO THE CHIEF OR HEAD OF THE POLICE FORCE OR
25 POLICE DEPARTMENT OF THE CITY, OR THE SHERIFF OF THE COUNTY OF
26 THE PLACE OF BUSINESS OF THE SELLER, THE DUPLICATE, DULY SIGNED
27 BY THE SELLER, SHALL, WITHIN SEVEN DAYS, BE SENT BY HIM, WITH
28 HIS ADDRESS, TO THE COMMISSIONER OF THE PENNSYLVANIA STATE
29 POLICE, THE TRIPLICATE HE SHALL RETAIN FOR SIX YEARS, AND THE
30 QUADRUPLICATE WITH THE PROPER SIGNATURE AND ADDRESS OF THE
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1 SELLER SHALL, WITHIN SIX HOURS AFTER SUCH APPLICATION, BE
2 FORWARDED BY REGISTERED OR CERTIFIED MAIL TO THE CHIEF OR HEAD
3 OF THE POLICE FORCE OR POLICE DEPARTMENT OF THE CITY OR TO THE
4 SHERIFF OF THE COUNTY OF WHICH THE BUYER IS A RESIDENT.
5 * * *
6 § 6123. [Waiver of] Relief from disability or pardons.
7 A [waiver of] relief from disability from Federal authorities
8 as provided for in 18 U.S.C. § 925 (relating to exceptions;
9 relief from disabilities), a full pardon from the Governor or
10 [an overturning] a reversal of a conviction shall remove any
11 corresponding disability under this subchapter except the
12 disability under section [6105 (relating to former convict not
13 to own a firearm, etc.)] 6105(a) (relating to certain persons
14 not to possess firearms).
15 Section 2 4. This act shall take effect in 180 days. <--
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