PRINTER'S NO. 1312
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1029
Session of
2015
INTRODUCED BY HAYWOOD AND HUGHES, OCTOBER 9, 2015
REFERRED TO JUDICIARY, OCTOBER 9, 2015
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:
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* * *
"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.
* * *
(c) Other persons.--In addition to any person who has been
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 and (c) are amended, (d) is
amended by adding a paragraph and (e)(1) and (3) of Title 18 are
amended by adding subparagraphs to read:
§ 6109. [Licenses.] License to carry.
* * *
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(c) Form of application and content.--The application for a
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:
* * *
(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:
* * *
(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.
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(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
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
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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
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.
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(C) An administrative fee of $2 for the costs of
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 firearms 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
the following criteria:
(1) Be at least 18 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.
(C) Firearm mechanisms and operations.
(iii) A firearms orientation component that
demonstrates the person's safe operation, handling and
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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
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
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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.
(c) Conduct of investigation.--The issuing authority to whom
the application is made shall:
(1) Investigate the applicant's record of criminal
conviction.
(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
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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
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,
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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.
(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
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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.
(c) Term of license.--
(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
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.
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(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.
(C) Be provided to the Pennsylvania State Police
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.
(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
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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,
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
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[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
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:
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(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
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
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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
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
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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
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.
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(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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