PRINTER'S NO. 1074
No. 990 Session of 1993
INTRODUCED BY GODSHALL, DeWEESE, PHILLIPS, HERMAN, TIGUE,
HECKLER, ULIANA, HENNESSEY, KING, NAILOR, BUNT, D. R. WRIGHT,
GERLACH, HESS, ADOLPH, CESSAR, ARMSTRONG, COLAIZZO, BUSH,
PESCI, E. Z. TAYLOR, DeLUCA, McCALL, FAIRCHILD, MERRY, SURRA,
GORDNER, ARGALL, TOMLINSON, CLYMER, FICHTER, LLOYD, CORNELL,
BLAUM, SAYLOR, GEIST, SAURMAN, CLARK, MARSICO, KASUNIC,
STAIRS, YEWCIC, WOGAN, LEH, PLATTS, TANGRETTI AND EGOLF,
MARCH 25, 1993
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 25, 1993
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. Section 6105 of Title 18 of the Pennsylvania
9 Consolidated Statutes is amended to read:
10 [§ 6105. Former convict not to own a firearm, etc.
11 No person who has been convicted in this Commonwealth or
12 elsewhere of a crime of violence shall own a firearm, or have
13 one in his possession or under his control.]
14 Section 2. Title 18 is amended by adding a section to read:
15 § 6105.1. Certain persons not to possess firearms.
16 (a) General rule.--A person who has been convicted in this
1 Commonwealth or elsewhere of a crime of violence or of a felony
2 violation under the act of April 14, 1972 (P.L.233, No.64),
3 known as The Controlled Substance, Drug, Device and Cosmetic
4 Act, may not own a firearm, rifle or shotgun or have any of
5 these weapons in his possession or under his control.
6 (b) Other person.--It shall be unlawful for any of the
7 following persons to have a firearm, rifle or shotgun in his
8 possession or under his control:
9 (1) A person who has been convicted in any court of an
10 offense classified as a felony or who has been convicted of
11 an attempt, solicitation or a conspiracy to commit a felony.
12 (2) A person who is a fugitive from justice.
13 (3) A person who is an unlawful user of or addicted to
14 any controlled substance, as defined in section 2 of The
15 Controlled Substance, Drug, Device and Cosmetic Act.
16 (4) A person who has been adjudicated as an incompetent
17 or who has been involuntarily committed to a mental
18 institution under the provisions of the act of July 9, 1976
19 (P.L.817, No.143), known as the Mental Health Procedures Act,
20 for inpatient care and treatment.
21 (5) A person who, being an alien, is illegally or
22 unlawfully in the United States.
23 (6) A person who has been discharged from the armed
24 forces under dishonorable conditions.
25 (7) A person who, having been a citizen of the United
26 States, has renounced his citizenship.
27 (c) Exemption.--
28 (1) A person who has been convicted of a crime specified
29 in subsection (a) may make application to the court of common
30 pleas of the county where the principal residence of the
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1 applicant is situated for relief from the disability imposed
2 by this section upon the ownership, possession or control of
3 a rifle or shotgun, other than a rifle or shotgun that falls
4 within the definition of a firearm. The court shall grant
5 such relief if it determines that any of the following apply:
6 (i) The conviction has been vacated or expunged
7 under circumstances where all appeals have been exhausted
8 or where the right to appeal has expired.
9 (ii) The conviction has been the subject of a full
10 pardon by the Governor.
11 (iii) Each of the following conditions is met:
12 (A) The Secretary of the Treasury of the United
13 States has relieved the applicant of an applicable
14 disability imposed by Federal law upon the
15 possession, ownership or control of a rifle or
16 shotgun as a result of the applicant's prior
17 conviction.
18 (B) A period of ten years has elapsed since the
19 most recent conviction of the applicant of a crime of
20 violence or a felony violation of The Controlled
21 Substance, Drug, Device and Cosmetic Act.
22 (C) A period of five years has elapsed since the
23 applicant has completed the most recent term of
24 imprisonment.
25 (2) Any person specified in subsection (b) shall be
26 exempt from the disabilities imposed by that subsection if
27 any of the following apply:
28 (i) The conviction has been vacated or expunged
29 under circumstances where all appeals have been exhausted
30 or where the right to appeal has expired.
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1 (ii) The conviction has been subject of a full
2 pardon by the Governor.
3 (iii) The Secretary of the Treasury of the United
4 States has relieved the person of an applicable
5 disability imposed by Federal law upon the possession of
6 a firearm, rifle or shotgun as a result of the person's
7 prior conviction or commitment to a mental institution.
8 (d) Proceedings.--If a person convicted of an offense under
9 subsection (a) makes application to the court, a hearing shall
10 be held in open court to determine whether the requirements of
11 this section have been met. The commissioner of the Pennsylvania
12 State Police and the district attorney of the county where the
13 application is filed shall be parties to the proceeding.
14 (e) Other restrictions.--Nothing in this section shall
15 exempt a person from a disability in relation to the ownership,
16 possession or control of a firearm, rifle or shotgun which is
17 imposed as a condition of probation or parole or which is
18 imposed pursuant to the provision of any law other than this
19 section.
20 Section 3. Sections 6111(b) and 6123 of Title 18 are amended
21 to read:
22 § 6111. Sale of firearms.
23 * * *
24 (b) Statement to be signed by purchaser.--At the time of
25 applying for the purchase of a firearm, the purchaser shall sign
26 in quadruplicate and deliver to the seller a statement
27 containing his full name, address, occupation, color, place of
28 birth, the date and hour of application, the caliber, length of
29 barrel, make, model, and manufacturer's number of the firearm to
30 be purchased, and a statement that he has never been convicted
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1 in this Commonwealth, or elsewhere, of a crime of violence or of
2 a felony violation of the act of April 14, 1972 (P.L.233,
3 No.64), known as The Controlled Substance, Drug, Device and
4 Cosmetic Act or a violation of section 6105.1(b). The seller
5 shall, within six hours after such application, sign and attach
6 his address and forward by registered or certified mail one copy
7 of such statement to the chief or head of the police force or
8 police department of the city, or the sheriff of the county of
9 the place of business of the seller, the duplicate, duly signed
10 by the seller, shall, within seven days, be sent by him, with
11 his address, to the Commissioner of the Pennsylvania State
12 Police, the triplicate he shall retain for six years, and the
13 quadruplicate with the proper signature and address of the
14 seller shall, within six hours after such application, be
15 forwarded by registered or certified mail to the chief or head
16 of the police force or police department of the city or to the
17 sheriff of the county of which the buyer is a resident.
18 * * *
19 § 6123. [Waiver of] Relief from disability or pardons.
20 A [waiver of] relief from disability from Federal authorities
21 as provided for in 18 U.S.C. § 925 (relating to exceptions;
22 relief from disabilities), a full pardon from the Governor or
23 [an overturning] a reversal of a conviction shall remove any
24 corresponding disability under this subchapter except the
25 disability under section [6105 (relating to former convict not
26 to own a firearm, etc.)] 6105(a) (relating to certain persons
27 not to possess firearms).
28 Section 4. This act shall take effect in 180 days.
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