PRINTER'S NO. 363
No. 346 Session of 2001
INTRODUCED BY BISHOP, YOUNGBLOOD, C. WILLIAMS, WASHINGTON, THOMAS, ROONEY, MICHLOVIC, HORSEY, LAUGHLIN, FREEMAN, FRANKEL, CORRIGAN, L. I. COHEN, WATERS, J. WILLIAMS AND D. EVANS, JANUARY 31, 2001
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 2001
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for firearms 3 licenses. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 6109(c), (e) and (h) of Title 18 of the 7 Pennsylvania Consolidated Statutes are amended and the section 8 is amended by adding a subsection to read: 9 § 6109. Licenses. 10 * * * 11 (c) Form of application and content.--The application for a 12 license to carry a firearm shall be uniform throughout this 13 Commonwealth and shall be on a form prescribed by the 14 Pennsylvania State Police. The form may contain provisions, not 15 exceeding one page, to assure compliance with this section. 16 Issuing authorities shall use only the application form 17 prescribed by the Pennsylvania State Police. One of the
1 following reasons for obtaining a firearm license shall be set 2 forth in the application: self-defense, employment, hunting and 3 fishing, target shooting, gun collecting or another proper 4 reason. A nonrenewal application shall include notarized 5 documentation that the applicant has successfully completed a 6 certified firearms safety course. The application form shall be 7 dated and signed by the applicant and shall contain the 8 following statement: 9 I have never been convicted of a crime of violence in the 10 Commonwealth of Pennsylvania or elsewhere. I am of sound 11 mind and have never been committed to a mental 12 institution. I hereby certify that the statements 13 contained herein are true and correct to the best of my 14 knowledge and belief. I understand that, if I knowingly 15 make any false statements herein, I am subject to 16 penalties prescribed by law. I authorize the sheriff, or 17 his designee, or, in the case of first class cities, the 18 chief or head of the police department, or his designee, 19 to inspect only those records or documents relevant to 20 information required for this application. 21 * * * 22 (e) Issuance of license.-- 23 (1) A license to carry a firearm shall be for the 24 purpose of carrying a firearm concealed on or about one's 25 person or in a vehicle and shall be issued if, after an 26 investigation not to exceed 45 days, it appears that the 27 applicant is an individual concerning whom no good cause 28 exists to deny the license and if a nonrenewal applicant has 29 completed a firearms safety course. A license shall not be 30 issued to any of the following: 20010H0346B0363 - 2 -
1 (i) An individual whose character and reputation is 2 such that the individual would be likely to act in a 3 manner dangerous to public safety. 4 (ii) An individual who has been convicted of an 5 offense under the act of April 14, 1972 (P.L.233, No.64), 6 known as The Controlled Substance, Drug, Device and 7 Cosmetic Act. 8 (iii) An individual convicted of a crime enumerated 9 in section 6105. 10 (iv) An individual who, within the past ten years, 11 has been adjudicated delinquent for a crime enumerated in 12 section 6105 or for an offense under The Controlled 13 Substance, Drug, Device and Cosmetic Act. 14 (v) An individual who is not of sound mind or who 15 has ever been committed to a mental institution. 16 (vi) An individual who is addicted to or is an 17 unlawful user of marijuana or a stimulant, depressant or 18 narcotic drug. 19 (vii) An individual who is a habitual drunkard. 20 (viii) An individual who is charged with or has been 21 convicted of a crime punishable by imprisonment for a 22 term exceeding one year except as provided for in section 23 6123 (relating to waiver of disability or pardons). 24 (ix) A resident of another state who does not 25 possess a current license or permit or similar document 26 to carry a firearm issued by that state if a license is 27 provided for by the laws of that state, as published 28 annually in the Federal Register by the Bureau of 29 Alcohol, Tobacco and Firearms of the Department of the 30 Treasury under 18 U.S.C. § 921(a)(19) (relating to 20010H0346B0363 - 3 -
1 definitions). 2 (x) An alien who is illegally in the United States. 3 (xi) An individual who has been discharged from the 4 armed forces of the United States under dishonorable 5 conditions. 6 (xii) An individual who is a fugitive from justice. 7 This subparagraph does not apply to an individual whose 8 fugitive status is based upon nonmoving or moving summary 9 offense under Title 75 (relating to vehicles). 10 (xiii) An individual who is otherwise prohibited 11 from possessing, using, manufacturing, controlling, 12 purchasing, selling or transferring a firearm as provided 13 by section 6105. 14 (3) The license shall bear the name, address, date of 15 birth, race, sex, citizenship, Social Security number, 16 height, weight, color of hair, color of eyes and signature of 17 the licensee; the signature of the sheriff issuing the 18 license; the reason for issuance; and the period of 19 validation. The sheriff may also require a photograph of the 20 licensee on the license. The original license shall be issued 21 to the applicant. The first copy of the license shall be 22 forwarded to the commissioner within seven days of the date 23 of issue, and a second copy shall be retained by the issuing 24 authority for a period of six years. 25 (e.1) Firearms safety course certification.-- 26 (1) The Pennsylvania State Police shall develop the 27 criteria for certified firearms safety courses and shall 28 certify participating organizations. 29 (2) The following organizations may provide certified 30 firearms safety programs: 20010H0346B0363 - 4 -
1 (i) The Pennsylvania State Police. 2 (ii) Local law enforcement agency. 3 (iii) Organization certified by the Pennsylvania 4 State Police. 5 Certification shall not be approved for organizations whose 6 mission, character and reputation are such that the organization 7 would be likely to act in a manner dangerous to public safety. 8 * * * 9 (h) Fee.--The fee for a license to carry a firearm is [$19] 10 $25. This includes a renewal notice processing fee of $1.50. 11 This includes an administrative fee of $5 under section 14(2) of 12 the act of July 6, 1984 (P.L.614, No.127), known as the Sheriff 13 Fee Act. No fee other than that provided by this paragraph or 14 the Sheriff Fee Act may be assessed by the sheriff for the 15 performance of any background check made pursuant to this act. 16 The fee is payable to the sheriff to whom the application is 17 submitted and is payable at the time of application for the 18 license. Except for the administrative fee of $5 under section 19 14(2) of the Sheriff Fee Act, all other fees shall be refunded 20 if the application is denied but shall not be refunded if a 21 license is issued and subsequently revoked. A person who sells 22 or attempts to sell a license to carry a firearm for a fee in 23 excess of the amounts fixed under this subsection commits a 24 summary offense. 25 * * * 26 Section 2. This act shall take effect in 60 days. L15L18VDL/20010H0346B0363 - 5 -