Regular Session 2015-2016 House Bill 2280 P.N. 3757

PRINTER'S NO. 3757

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2280

Session of

2015

INTRODUCED BY COOK-ARTIS, ACOSTA, KINSEY, BULLOCK AND M. DALEY,

AUGUST 15, 2016

REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 15, 2016

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in firearms and other dangerous

articles, further providing for definitions, for evidence of

intent, for persons not to possess, use, manufacture,

control, sell or transfer firearms, for firearms not to be

carried without a license and for licenses, providing for

firearm eligibility license, for application for firearm

eligibility license, for fee and qualification, for

investigations and training course and for issuance and terms

and further providing for sale or transfer of firearms, for

Pennsylvania State Police, for proof of license and exception

and for administrative regulations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 6102 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 6102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this subchapter which are applicable to specific

provisions of this subchapter, the following words and phrases,

when used in this subchapter shall have, unless the context

clearly indicates otherwise, the meanings given to them in this

section:

* * *

"Firearm eligibility license." A license issued by the

commissioner that authorizes a person to purchase, possess,

control or use a firearm.

* * *

"Qualified firearm instructor." A certified firearms

instructor who is recognized by the Pennsylvania State Police

and has one of the following:

(1) A valid qualified firearm instructor license issued

by the commissioner.

(2) A certificate issued by a nationally recognized

firearms organization.

* * *

Section 2. Section 6104 of Title 18 is amended to read:

§ 6104. Evidence of intent.

In the trial of a person for committing or attempting to

commit a crime enumerated in section 6105 (relating to persons

not to possess, use, manufacture, control, sell or transfer

firearms), the fact that that person was armed with a firearm,

used or attempted to be used, and had no license to possess or

carry the same, shall be evidence of that person's intention to

commit the offense.

Section 3. Section 6105(c) of Title 18 is amended by adding

a paragraph to read:

§ 6105. Persons not to possess, use, manufacture, control, sell

or transfer firearms.

* * *

convicted of any offense listed under subsection (b), the

following persons shall be subject to the prohibition of

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subsection (a):

* * *

(10) A person who does not possess a valid firearm

eligibility license required under section 6109.1 (relating

to firearm eligibility license).

* * *

Section 4. Section 6106(a) of Title 18 is amended to read:

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

(a) Offense defined.--

(1) Except as provided in paragraph (2), any person who

carries a firearm in any vehicle or any person who carries a

firearm concealed on or about his person, except in his place

of abode or fixed place of business, without a valid and

lawfully issued license [under this chapter] to carry under

section 6109 (relating to license to carry) commits a felony

of the third degree.

(2) A person who is otherwise eligible to possess a

valid license [under this chapter] to carry under section

6109 but carries a firearm in any vehicle or any person who

carries a firearm concealed on or about his person, except in

his place of abode or fixed place of business, without a

valid and lawfully issued license to carry and has not

committed any other criminal violation commits a misdemeanor

of the first degree.

* * *

Section 5. Section 6109 heading, (c) and (d) of Title 18 are

amended and subsection (e)(1) and (3) are amended by adding

subparagraphs to read:

§ 6109. [Licenses.] License to carry.

* * *

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license to carry a firearm shall be uniform throughout this

Commonwealth and shall be on a form prescribed by the

Pennsylvania State Police. The form may contain provisions, not

exceeding one page, to assure compliance with this section.

Issuing authorities shall use only the application form

prescribed by the Pennsylvania State Police. One of the

following reasons for obtaining a firearm license shall be set

forth in the application: self-defense, employment, hunting and

fishing, target shooting, gun collecting or another proper

reason. The application form shall be dated and signed by the

applicant and shall contain the following statement:

I am the holder of a valid firearm eligibility license. I

have never been convicted of a crime that prohibits me

from possessing or acquiring a firearm under Federal or

State law. I am of sound mind and have never been

committed to a mental institution. I hereby certify that

the statements contained herein are true and correct to

the best of my knowledge and belief. I understand that,

if I knowingly make any false statements herein, I am

subject to penalties prescribed by law. I authorize the

sheriff, or his designee, or, in the case of first class

cities, the chief or head of the police department, or

his designee, to inspect only those records or documents

relevant to information required for this application. If

I am issued a license and knowingly become ineligible to

legally possess or acquire firearms, I will promptly

notify the sheriff of the county in which I reside or, if

I reside in a city of the first class, the chief of

police of that city.

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(d) Sheriff to conduct investigation.--The sheriff to whom

the application is made shall:

(1) investigate the applicant's record of criminal

conviction;

(2) investigate whether or not the applicant is under

indictment for or has ever been convicted of a crime

punishable by imprisonment exceeding one year;

(3) investigate whether the applicant's character and

reputation are such that the applicant will not be likely to

act in a manner dangerous to public safety;

(4) investigate whether the applicant would be precluded

from receiving a license under subsection (e)(1) or section

6105(h) (relating to persons not to possess, use,

manufacture, control, sell or transfer firearms); [and]

(5) conduct a criminal background, juvenile delinquency

and mental health check following the procedures set forth in

section 6111 (relating to sale or transfer of firearms),

receive a unique approval number for that inquiry and record

the date and number on the application[.]; and

(6) confirm with the Pennsylvania State Police that the

applicant holds a valid firearm eligibility license.

(e) Issuance of license.--

(1) A license to carry a firearm shall be for the

purpose of carrying a firearm concealed on or about one's

person or in a vehicle and shall be issued if, after an

investigation not to exceed 45 days, it appears that the

applicant is an individual concerning whom no good cause

exists to deny the license. A license shall not be issued to

any of the following:

* * *

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(xv) An individual who does not possess a valid

firearm eligibility license under section 6109.1

(relating to firearm eligibility license).

(3) The license to carry a firearm shall be designed to

be uniform throughout this Commonwealth and shall be in a

form prescribed by the Pennsylvania State Police. The license

shall bear the following:

* * *

(vii) The number of the licensee's firearm

eligibility license.

* * *

Section 6. Title 18 is amended by adding sections to read:

§ 6109.1. Firearm eligibility license.

(a) Required.--Except as provided in subsection (b), a

firearm eligibility license shall be required to own or possess

a firearm within this Commonwealth.

(b) Exception.--Subsection (a) may not apply to any of the

following:

(1) A licensed firearms manufacturer.

(2) A dealer licensed under section 6113 (relating to

licensing of dealers).

(3) A law enforcement officer or person who is retired

in good standing from service with a law enforcement agency

of the United States, this Commonwealth or a local law

enforcement agency of this Commonwealth.

(4) A member or retired member of the armed forces of

the United States or the Pennsylvania National Guard.

(5) A person purchasing, owning, possessing or receiving

an antique firearm as defined in section 6118 (relating to

antique firearms) or reproductions or replicas of firearms if

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the antique firearm, reproduction or replica is not suitable

for use.

§ 6109.2. Application for firearm eligibility license.

(a) Place of application.--An individual may apply to an

issuing authority for a firearm eligibility license. If the

applicant is a resident of this Commonwealth, the applicant must

apply with the sheriff of the county in which the applicant

resides. If the applicant lives in a city of the first class,

the applicant must apply with the chief of police of the city.

(b) Form of application and content.--The application for a

firearm eligibility license shall be uniform across this

Commonwealth and shall be on a form prescribed by the

Pennsylvania State Police. Each application shall be signed and

dated by the applicant. The form may contain provisions, not

exceeding one page, to assure compliance with this section.

Issuing authorities shall use only the application form

prescribed by the Pennsylvania State Police. The application

shall contain the following statement:

I have never been convicted of a crime that prohibits me

from possessing or acquiring a firearm under Federal or

State law. I am of sound mind and have never been

committed to a mental institution. I hereby certify that

the statements contained herein are true and correct to

the best of my knowledge and belief. I understand that,

if I knowingly make any false statement herein, I am

subject to penalties prescribed by law. I authorize the

sheriff or the sheriff's designee, or the chief of the

police department or the chief's designee, to inspect

only those records or documents relevant to the

information required for this application. If I am issued

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a license and knowingly become ineligible to legally

possess or acquire firearms, I will promptly notify the

sheriff of the county in which I reside or, if I reside

in a city of the first class, the chief of police of that

city.

§ 6109.3. Fee and qualification.

(a) Firearm eligibility license fee.--

(1) The fees for a firearm eligibility license are as

follows:

(i) Fifty dollars for the original license.

(ii) Thirty dollars for a license renewal which

includes the following:

(A) A renewal processing fee of $1.50.

(B) An administrative fee of $5 under section

14(2) of the act of July 6, 1984 (P.L.614, No.127),

known as the Sheriff Fee Act.

completing the background investigation under section

6109.2(b) (relating to application for firearm

eligibility license). This fee shall be deposited

into the Firearms Instant Records Check Fund under

section 6111.2 (relating to firearm sales surcharge).

(2) All license fees remaining after the deduction under

paragraph (1) shall be deposited in the General Fund.

(3) No fee other than under this section or the Sheriff

Fee Act may be assessed by the issuing authority for the cost

of a background check performed in the process of issuing a

firearm eligibility license.

(b) Qualifications for license.--The issuing authority shall

issue a firearm eligibility license to an applicant who meets

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the following criteria:

(1) Be at least 21 years of age.

(2) Be a resident of this Commonwealth.

(3) Within three years prior to the submission of the

application, demonstrate satisfactory completion of a

certified firearms training course approved by the

commissioner that includes all the following:

(i) A minimum of 16 hours of instruction by a

qualified firearm instructor.

(ii) Classroom instruction on all the following:

(A) Commonwealth firearm law.

(B) Home firearm safety.

(iii) A firearms orientation component that

demonstrates the person's safe operation, handling and

use of a firearm.

(4) Is not prohibited by Federal or State law from

purchasing or possessing a firearm. For purposes of

determining this, the following shall apply:

(i) The applicant shall provide a full set of

fingerprints to the Pennsylvania State Police.

(ii) The Pennsylvania State Police shall submit the

fingerprints to the Federal Bureau of Investigation to

verify the identity of the applicant and obtain a current

record of criminal arrests and convictions.

§ 6109.4. Investigations and training course.

(a) Firearms training course.--The commissioner has the

following powers and duties:

(1) To promulgate guidelines setting forth the

requirements to become a qualified firearm instructor in this

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Commonwealth.

(2) To designate any program as a certified firearm

training course if the program meets the minimum requirements

established by the commissioner.

(b) Waiver of training course.--An applicant for a firearm

eligibility license is not required to complete a firearm safety

training course under subsection (a) if the applicant is any of

the following:

(1) A qualified firearm instructor.

(2) A member or honorably discharged member of the armed

forces of the United States or the National Guard.

(3) A police officer, as defined in 53 Pa.C.S. § 2162

(relating to definitions) who is certified under 53 Pa.C.S.

Ch. 21 Subch. D (relating to municipal police education and

training). The term includes a school police officer

appointed under section 778 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949.

(4) An active or retired Federal or State law

enforcement officer.

(5) Certified under 61 Pa.C.S. Ch. 63 (relating to

county probation officers' firearm education and training).

(6) A Commonwealth or county corrections officer or

probation or parole agent.

(7) A county sheriff, deputy sheriff or constable.

(8) The lawful owner of a firearm prior to the effective

date of this subsection.

the application is made shall:

(1) Investigate the applicant's record of criminal

conviction.

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(2) Review the applicant's completed Federal criminal

history check.

(3) Investigate whether the applicant would be precluded

from or is prohibited from possessing, using, controlling,

selling, purchasing, transferring or manufacturing a firearm

under section 6105 (relating to persons not to possess, use,

manufacture, control, sell or transfer firearms).

(4) Conduct a criminal background, juvenile delinquency

and mental health check following the procedures set forth in

section 6111 (relating to sale or transfer of firearms),

receive a unique approval number for that inquiry and record

the date and number on the application.

(d) Notice to issuing authority.--Notwithstanding any other

law to the contrary, a court, mental health review officer or

county mental health and mental retardation administrator shall

notify the issuing authority of the county or city in which an

individual holds a firearm eligibility license on a form

prescribed by the Pennsylvania State Police within seven days of

the individual's conviction or adjudication or upon

determination of any of the following:

(1) A crime specified in section 6105(a) or (b).

(2) A crime punishable by imprisonment exceeding one

year.

(3) Conduct that meets the criteria of section 6105(c)

(1), (2), (3), (5), (6) or (9).

(4) Incompetency.

(5) Involuntary commitment to a mental institution for

inpatient care and treatment under the act of July 9, 1976

(P.L.817, No.143), known as the Mental Health Procedures Act.

(6) Involuntary treatment for an individual meeting the

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criteria of section 6105(c)(4).

(e) Immunity.--An issuing authority which complies in good

faith with this section shall be immune from liability resulting

or arising from the action of misconduct with a firearm

committed by an individual who was issued a firearm eligibility

license.

(f) Definition.--As used in this section, the term "issuing

authority" shall mean a county sheriff or chief of police of a

city of the the first class.

§ 6109.5. Issuance and terms.

(a) Issuance of license.--

(1) If the applicant meets the requirements of this

section, a firearm eligibility license shall be issued. A

license shall not be issued to an individual who is

prohibited from possessing, using, controlling, selling,

purchasing, transferring or manufacturing a firearm under

section 6105 (relating to persons not to possess, use,

manufacture, control, sell or transfer firearms) or under any

other Federal or State law.

(2) The firearm eligibility license shall be designed to

be uniform throughout this Commonwealth and shall be in a

form prescribed by the Pennsylvania State Police. The license

shall bear the following:

(i) The name, address, date of birth, race, sex,

citizenship, height, weight, color of hair, color of eyes

and signature of the licensee.

(ii) The signature of the issuing authority.

(iii) A license number of which the first two

numbers shall be a county location code. The remaining

numbers shall be issued in numerical sequence.

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(iv) The period of validation.

(3) The firearm eligibility license shall include a

photograph of the licensee. The photograph shall be in a form

compatible with the Commonwealth Photo Imaging Network.

(4) The original firearm eligibility license shall be

issued to the applicant. The first copy of the license shall

be forwarded to the Pennsylvania State Police within seven

days of the date of issuance. The second copy shall be

retained by the issuing authority for a period of seven

years. Except under a court order, both copies and the

application shall, at the end of the seven-year period, be

destroyed unless the license has been renewed.

(b) Grant or denial of license.--Upon receipt of an

application for a firearm eligibility license, the issuing

authority shall issue or refuse to issue within 30 days a

license on the basis of the investigation under subsection (d)

and the accuracy of the information contained in the

application. If the issuing authority refuses to issue a

license, the issuing authority shall notify the applicant in

writing of the refusal and the specific reason. The notice shall

be sent by certified mail to the applicant at the address

included in the application.

(1) A firearm eligibility license issued under

subsection (e) shall be valid throughout this Commonwealth

for a period of five years unless extended under paragraph

(3) or revoked.

(2) At least 60 days prior to the expiration of each

license, the issuing authority shall send to the licensee an

application for renewal of the license. Failure to receive a

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renewal application shall not relieve a licensee from the

responsibility to renew the license.

(3) Notwithstanding paragraph (1) or any other

provisions of law to the contrary, a firearm eligibility

license that is held by a member of the United States Armed

Forces or the Pennsylvania National Guard on Federal active

duty and deployed overseas that is scheduled to expire during

the period of deployment shall be extended until 90 days

after the end of the deployment.

(4) Possession of a firearm eligibility license,

together with a copy of the person's military orders showing

the dates of the overseas deployment, including the date that

the overseas deployment ends, shall constitute a defense to

any charge filed under this section during the extension

period.

(d) Revocation.--

(1) A firearm eligibility license may be revoked by the

issuing authority for any reason under section 6105(b) or (c)

if the violation occurs during the term of the license. The

revocation shall be in accordance with the following:

(i) Notice of revocation shall:

(A) Be in writing and shall state the specific

reason for revocation.

(B) Be sent by certified mail to the individual.

by electronic means including e-mail or facsimile

transmission.

(ii) An individual who has had a license revoked may

appeal to the court of common pleas for the judicial

district in which the individual resides.

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(2) Anyone who violates this subsection commits a

summary offense.

(e) Immunity.--An issuing authority which complies in good

faith with this section shall be immune from liability resulting

or arising from the action of misconduct with a firearm

committed by an individual who was issued a firearm eligibility

license.

(f) Reciprocity.--The Attorney General shall:

(1) Have the power and duty to enter into reciprocity

agreements with other states providing for the mutual

recognition of a firearm eligibility license issued by the

Commonwealth and a firearm eligibility license or permit

issued by another state.

(2) Have the power to negotiate reciprocity agreements

and grant recognition to a firearm eligibility license or

permit issued by another state.

(3) Report to the General Assembly within 180 days of

the effective date of this paragraph and annually thereafter

on the agreements which have been made under this section.

(g) Definition.--As used in this section, the term "issuing

authority" means a county sheriff or chief of police of a city

of the first class.

Section 7. Section 6111(b)(1.1)(iii) and (g)(4)(iii) of

Title 18 are amended and subsection (b) is amended by adding a

paragraph to read:

§ 6111. Sale or transfer of firearms.

* * *

(b) Duty of seller.--No licensed importer, licensed

manufacturer or licensed dealer shall sell or deliver any

firearm to another person, other than a licensed importer,

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licensed manufacturer, licensed dealer or licensed collector,

until the conditions of subsection (a) have been satisfied and

until he has:

* * *

(1.1) On the date of publication in the Pennsylvania

Bulletin of a notice by the Pennsylvania State Police that

the instantaneous records check has been implemented, all of

the following shall apply:

* * *

(iii) For purposes of conducting the criminal

history, juvenile delinquency and mental health records

background check which shall be completed within ten days

of receipt of the information from the dealer, the

application/record of sale shall include the name,

address, birthdate, gender, race, physical description

[and], Social Security number of the purchaser or

transferee, the purchaser or transferee's firearm

eligibility license number and the date of application.

* * *

(2.1) Inspected the firearm eligibility license of the

potential purchaser or transferee.

* * *

(g) Penalties.--

* * *

(4) Any person, purchaser or transferee commits a felony

of the third degree if, in connection with the purchase,

delivery or transfer of a firearm under this chapter, he

knowingly and intentionally:

* * *

(iii) willfully furnishes or exhibits any false

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identification, including a false firearm eligibility

license, intended or likely to deceive the seller,

licensed dealer or licensed manufacturer.

* * *

Section 8. Section 6111.1(b)(2) and (3) and (e)(1) of Title

18 are amended and subsections (b) and (i) are amended by adding

paragraphs to read:

§ 6111.1. Pennsylvania State Police.

* * *

(b) Duty of Pennsylvania State Police.--

* * *

(1.1) Upon receipt of an application for a firearm

eligibility license under section 6109.1 (relating to firearm

eligibility license), the Pennsylvania State Police shall

immediately:

(i) Review the Pennsylvania State Police criminal

history and fingerprint records to determine whether the

applicant is prohibited from receipt or possession of a

firearm under Federal or State law.

(ii) Review the juvenile delinquency and mental

health records of the Pennsylvania State Police to

determine whether the applicant is prohibited from

receipt or possession of a firearm under Federal or State

law.

(iii) Inform the issuing authority of one of the

following:

(A) That the issuance of a firearm eligibility

license is prohibited.

(B) The the individual is cleared for a firearm

eligibility license. If the Pennsylvania State Police

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determine that the individual is eligible, the

Pennsylvania State Police shall provide the issuing

authority with the individual's firearm eligibility

license.

(2) In the event of electronic failure, scheduled

computer downtime or similar event beyond the control of the

Pennsylvania State Police, the Pennsylvania State Police

shall immediately notify the requesting licensee under

paragraph (1) or the applicant under paragraph (1.1) of the

reason for and estimated length of the delay. If the failure

or event lasts for a period exceeding 48 hours, the dealer

shall not be subject to any penalty for completing a

transaction absent the completion of an instantaneous records

check for the remainder of the failure or similar event, but

the dealer shall obtain a completed application/record of

sale following the provisions of section 6111(b)(1) and (1.1)

(relating to sale or transfer of firearms) as if an

instantaneous records check has not been established for any

sale or transfer of a firearm for the purpose of a subsequent

background check.

(3) The Pennsylvania State Police shall fully comply,

execute and enforce the directives of this section as

follows:

(i) The instantaneous background check for firearms

as defined in section 6102 (relating to definitions)

shall begin on July 1, 1998.

(ii) The instantaneous background check for firearms

that exceed the barrel lengths set forth in section 6102

shall begin on the later of:

(A) the date of publication of the notice under

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section 6111(a)(2); or

(B) December 31, 1998.

(iii) The instantaneous background check for a

firearm eligibility license shall take effect on the

effective date of this subparagraph.

* * *

(e) Challenge to records.--

(1) Any person who is denied a firearm eligibility

license or is denied the right to receive, sell, transfer,

possess, carry, manufacture or purchase a firearm as a result

of the procedures established by this section may challenge

the accuracy of that person's criminal history, juvenile

delinquency history or mental health record pursuant to a

denial by the instantaneous records check by submitting a

challenge to the Pennsylvania State Police within 30 days

from the date of the denial.

* * *

(i) Reports.--The Pennsylvania State Police shall annually

compile and report to the General Assembly, on or before

December 31, the following information for the previous year:

* * *

(1.1) number of firearm eligibility license applications

submitted, number of applications denied, number of

challenges of the denials and number of reversals of initial

denials;

* * *

Section 9. Sections 6122(a) and 6124 of Title 18 are amended

to read:

§ 6122. Proof of license and exception.

(a) General rule.--When carrying a firearm concealed on or

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about one's person or in a vehicle, an individual licensed to

carry a firearm shall, upon lawful demand of a law enforcement

officer, produce the [license] individual's firearm eligibility

license and license to carry for inspection. Failure to produce

such license either at the time of arrest or at the preliminary

hearing shall create a rebuttable presumption of nonlicensure.

* * *

§ 6124. Administrative regulations.

The commissioner may establish form specifications and

regulations, consistent with [section] sections 6109(c)

(relating to licenses) and 6109.1(d) (relating to firearm

eligibility license), with respect to uniform forms control,

including the following:

(1) License to carry firearms.

(2) Firearm registration.

(3) Dealer's license.

(4) Application for purchase of a firearm.

(5) Record of sale of firearms.

(6) Firearm eligibility license.

Section 10. This act shall take effect in 60 days.

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