THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY TALLMAN, BLOOM, CLYMER, GEORGE, KNOWLES, MILLER, MOUL, MURT, READSHAW, SONNEY, STERN, VULAKOVICH AND WHITE, OCTOBER 26, 2011

REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 26, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in firearms and other dangerous

articles, further providing for firearms not to be carried

without a license, for sale or transfer of firearms and for

antique firearms.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6106(e) of Title 18 of the Pennsylvania

Consolidated Statutes is amended and the section is amended by

adding a subsection to read:

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

* * *

(d.1)  Applicability to antique firearms.--The provisions of

this section shall apply to an antique firearm.

(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.

(3)  As used in this section, the phrase "antique

firearm" shall mean a firearm as defined in section 6102

(relating to definitions) that satisfies the definition of

"antique firearm" in section 6118 (relating to antique

firearms).

Section 2.  Sections 6111(e) and 6118 of Title 18 are amended

to read:

§ 6111.  Sale or transfer of firearms.

* * *

[(e)  Nonapplicability of section.--This section shall not

apply to the following:

(1)  Any firearm manufactured on or before 1898.

(2)  Any firearm with a matchlock, flintlock or

percussion cap type of ignition system.

(3)  Any replica of any firearm described in paragraph

(1) if the replica:

(i)  is not designed or redesigned to use rimfire or

conventional center fire fixed ammunition; or

(ii)  uses rimfire or conventional center fire fixed

ammunition which is no longer manufactured in the United

States and which is not readily available in the ordinary

channels of commercial trade.]

* * *

§ 6118.  Antique firearms.

(a)  General rule.--[This] Except as provided in section 6106

(relating to firearms not to be carried without a license), this 

subchapter shall not apply to 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

(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.]

(c)  Definition.--As used in this section, the [term "antique

firearm" means:] following words and phrases shall have the

meanings given to them in this subsection:

"Antique firearm."  The term means:

(1)  Any firearm with a matchlock, flintlock or

percussion cap type of ignition system.

(2)  Any firearm manufactured on or before 1898.

(3)  Any replica of any firearm described in paragraph

(2) if such replica:

(i)  is not designed or redesigned for using rimfire

or conventional center fire fixed ammunition; or

(ii)  uses rimfire or conventional center fire fixed

ammunition which is no longer manufactured in the United

States and which is not readily available in the ordinary

channels of commercial trade.

"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 the weapon.

Section 3.  This act shall take effect in 60 days.