PRINTER'S NO. 3114
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1962
Session of
2015
INTRODUCED BY ACOSTA, DEAN, THOMAS, FRANKEL, V. BROWN,
SANTARSIERO, SCHLOSSBERG, M. DALEY, O'BRIEN, KINSEY, COHEN,
KIM, YOUNGBLOOD, BRIGGS, SIMS AND MAHONEY, APRIL 7, 2016
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 7, 2016
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, providing for safe storage of firearms; and
prescribing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 6143. Safe storage of firearms.
(a) Storage requirements.--A person who owns a firearm and
resides with another person who cannot legally possess a firearm
shall:
(1) maintain the firearm in a securely locked box or
container; or
(2) secure the firearm with a trigger, chamber or cable
lock;
except when the person carries the firearm on his body or within
such close proximity to his body that the person reasonably
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believes the other person is unable to take possession of the
firearm unlawfully.
(b) Penalties.--A person who violates subsection (a)
commits:
(1) A summary offense, if the person who cannot legally
possess a firearm takes possession of the firearm.
(2) A misdemeanor of the third degree, if the person who
cannot legally possess a firearm takes possession of the
firearm and the firearm is loaded.
(3) A felony of the third degree, if a person who cannot
legally possess a firearm takes possession of the firearm,
the firearm is loaded and the firearm is used to inflict
injury or death upon any other person.
(c) Defenses.--It shall be a defense to a prosecution under
this section if any of the following apply:
(1) The firearm was stored or left in a securely locked
box or container, in a location a reasonable person would
have believed to be secure or was securely locked with a
trigger lock.
(2) The firearm is obtained as a result of an unlawful
entry by any other person.
(3) For a violation of subsection (b)(3), the injury
results from a target or sport shooting accident or hunting
accident.
(4) Possession of the firearm is incidental to the
performance of the official duties of the United States Armed
Forces, the Pennsylvania National Guard or the personnel of
any Federal, State or local law enforcement agency.
Section 2. This act shall take effect in 60 days.
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