1Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2Consolidated Statutes, in minors, providing for the offense
3of access to firearms by minors; and imposing penalties.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 18 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 6302.1. Access to firearms by minors.

9(a) Storage requirements.--

10(1) A person who stores or leaves a firearm on premises
11under his control and who knows or reasonably should know
12that a minor is likely to gain access to the firearm without
13the lawful permission of the minor's parent or the person
14having charge of the minor shall keep the firearm in a
15securely locked box or container or in a location which a
16reasonable person would believe to be secure.

17(2) This subsection does not apply if the minor obtains
18a firearm as a result of an unlawful entry by any person.

1(b) Grading.--

2(1) A violation of subsection (a) that results in a
3minor in possession of the firearm constitutes a:

4(i) Summary offense with no term of imprisonment
5when the offense is a first offense.

6(ii) Misdemeanor of the third degree when the
7offense is a second or subsequent offense.

8(2) A violation of subsection (a) that results in the
9firearm being used in the commission of a crime or used in
10any event that results in death or grievous injury
11constitutes a felony of the third degree.

12(c) Defense.--It shall be a defense to a prosecution under
13this section if any of the following apply:

14(1) The firearm is stored or left in a securely locked
15box or container or in a location which a person would
16reasonably believe to be secure.

17(2) The minor obtains the firearm as a result of an
18unlawful entry by any person.

19(3) The minor's possession of a firearm is incidental to
20the performance of official duties of the United States Armed
21Forces, the Pennsylvania National Guard or the personnel of
22any Federal, State or local law enforcement agency.

23(4) The minor's possession of a firearm is under adult
24supervision while engaged in hunting, sporting or other
25lawful purposes.

26(5) The firearm is carried on the body of the owner or
27is within such close proximity to the body that the owner can
28retrieve and use as easily and quickly as if the owner
29carried it on his body.

30(d) Notice by retailer.--

1(1) Any person who offers for sale at retail any firearm
2shall post in a conspicuous place the following notice:

3It is unlawful to store or leave a firearm in any
4place within the reach or easy access of a minor. Should
5a minor be found in possession of a firearm, the owner
6may be charged with a summary offense when the offense is
7a first offense and a misdemeanor of the third degree
8when the offense is a second or subsequent offense.
9Should the firearm be used in the commission of a crime
10or used in any event that results in death or grievous
11injury, the owner may be charged with a felony of the
12third degree.

13(2) A violation of this subsection constitutes a
14misdemeanor of the third degree.

15(e) Fingerprinting.--

16(1) Prior to the commencement of trial or entry of a
17plea of a defendant of the summary offense, the issuing
18authority shall order the defendant to submit within five
19days of such order to fingerprinting by the municipal police
20of the jurisdiction in which the offense allegedly was
21committed or the Pennsylvania State Police.

22(2) Fingerprints shall be forwarded immediately to the
23Pennsylvania State Police for determination as to whether or
24not the defendant previously has been convicted of a
25violation of subsection (a). The results of the determination
26shall be transmitted to the police department obtaining the
27fingerprints if the department is the prosecutor or to the
28issuing authority if the prosecutor is other than a police
29officer.

30(3) The issuing authority shall not proceed with the

1trial or plea in summary until the issuing authority is in
2receipt of the determination made by the Pennsylvania State
3Police. The issuing authority shall use the information
4obtained solely for the purpose of grading the offense under
5subsection (b).

6Section 2. This act shall take effect in 60 days.