PRINTER'S NO. 2294
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1709
Session of
2017
INTRODUCED BY KINSEY, YOUNGBLOOD, SOLOMON, McCLINTON, V. BROWN,
BULLOCK, FRANKEL, DONATUCCI AND SIMS, AUGUST 16, 2017
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 16, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, providing for firearm safety certificate and
establishing the Firearm Safety and Enforcement Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 61 of Title 18 of the Pennsylvania
Consolidated Statues is amended by adding a subchapter to read:
SUBCHAPTER E
FIREARM SAFETY CERTIFICATE
Sec.
6191. Legislative intent.
6192. Definitions.
6193. Firearm safety certificate.
6194. Pennsylvania State Police.
6195. Issuance of firearm safety certificate and objective
test, renewal, fees and expiration.
6196. Violations and penalties.
6197. Immunity from liability.
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§ 6191. Legislative intent.
It is the intent of the General Assembly to:
(1) Promote safe and responsible firearm ownership.
(2) Require persons who obtain firearms to have a basic
familiarity with and understanding of firearm use and
operation.
(3) Ensure that firearm owners understand the
fundamental legal aspects of firearm possession, carry and
use, including self-defense and the restrictions on the use
of deadly force.
(4) Ensure that firearm owners know and understand how
to safely store and handle firearms.
§ 6192. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." An individual seeking a firearm safety
certificate.
"Certificate" or "firearm safety certificate." A certificate
issued by the Pennsylvania State Police in accordance with this
subchapter indicating that the holder has successfully completed
firearm safety training.
"Certified instructors" or "instructor." A person certified
as a firearm safety instructor under this subchapter.
"Firearm." As defined in section 6102 (relating to
definitions).
"Firearm capable of being concealed upon the person." The
term shall apply to and include any firearm which is capable of
being concealed or in any way hidden or confined upon a person.
"Fund." The Firearm Safety and Enforcement Fund established
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under section 6195 (relating to issuance of firearm safety
certificate and objective test, renewal, fees and expiration).
"Handgun." A pistol or revolver or other firearm capable of
being concealed upon the person.
"Law enforcement agency." The term shall include:
(1) The Pennsylvania State Police.
(2) A municipal police department.
(3) The Office of Attorney General.
(4) The Federal Bureau of Investigation or other Federal
law enforcement agency.
(5) A police department of another State or
jurisdiction.
"Law enforcement official." The term includes the following:
(1) The Attorney General and authorized employees.
(2) A district attorney of a county and authorized
employees.
(3) A Pennsylvania State Police trooper.
(4) A municipal police officer.
(5) A Federal law enforcement officer or agent who is
authorized to possess or carry a concealed firearm in any
jurisdiction in the United States.
"Written authorization." The verifiable written
certification from the head of a law enforcement agency by which
the purchaser or transferee of a firearm is employed,
identifying the employee as an individual authorized to conduct
the transaction and authorizing the transaction for the
exclusive use of the law enforcement agency by which that person
is employed.
§ 6193. Firearm safety certificate.
(a) Certificate required.--Notwithstanding any provision of
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this chapter or any other law or regulation to the contrary, a
person shall not:
(1) Purchase or receive a firearm, except an antique
firearm as defined in section 6118 (relating to antique
firearms) or a firearm which is a curio or relic, as defined
in 27 CFR 478.11 (relating to meaning of terms), without a
valid firearm safety certificate, except that in the case of
a firearm which is a handgun, an expired firearm safety
certificate may be used.
(2) Sell, deliver, loan or transfer a firearm, except an
antique firearm or a firearm which is a curio or relic under
27 CFR 478.11, to any person who does not have a valid
firearm safety certificate, except that, in the case of a
firearm which is a handgun, an expired firearm safety
certificate may be used.
(b) Exceptions to firearm safety certificate requirement.--
Notwithstanding subsection (a), the following persons shall be
exempt from the firearm safety certificate requirement under
subsection (a):
(1) A law enforcement official.
(2) An active or honorably retired peace officer as
defined in section 501 (relating to definitions).
(3) An active or honorably retired Federal law
enforcement officer or agent.
(4) A person who has successfully completed municipal
police officers' education and training in accordance with 53
Pa.C.S. Ch. 21 Subch. D (relating to municipal police
education and training).
(5) A firearm dealer licensed in accordance with
sections 6112 (relating to retail dealer required to be
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licensed) and 6113 (relating to licensing of dealers) who is
acting in the course and scope of his activities as a
licensed dealer.
(6) An active or honorably retired member of the United
States Armed Forces or a reserve component of the United
States Armed Forces as defined in 10 U.S.C. § 101 (relating
to definitions).
(c) Certain exemption by operation of law.--The following
persons who take title or possession of a firearm by operation
of law in a representative capacity, until or unless they
transfer title ownership of the firearm to themselves in a
personal capacity, shall be exempt from the requirements of
subsection (a):
(1) The executor or administrator of an estate.
(2) A secured creditor or an agent or employee of a
secured creditor when a firearm is possessed as collateral
for, or as a result of, a default under a security agreement
under 13 Pa.C.S. (relating to commercial code).
(3) A writ server who is directed to execute a writ or
serve other court documents under 42 Pa.C.S. (relating to
judiciary and judicial procedure).
(4) A receiver performing the functions of a receiver
under the laws of this Commonwealth.
(5) A trustee in bankruptcy performing the duties of a
trustee.
(6) An assignee for the benefit of creditors performing
the functions of an assignee.
(d) Holder of hunting license.--A person who holds a valid
unexpired hunting license which was issued for the hunting
season immediately preceding the calendar year in which the
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person receives or takes possession of a firearm shall be exempt
from the requirements of subsection (a), except as to a firearm
which is a handgun.
(e) Law enforcement exemption.--This section shall not apply
to a sale, delivery or transfer of firearms made to a law
enforcement official representing a law enforcement agency for
the exclusive use by that law enforcement agency if, prior to
the sale, delivery or transfer of the firearms, written
authorization from the head of the law enforcement agency
authorizing the transaction is presented to the person from whom
the purchase, delivery or transfer is being made.
§ 6194. Pennsylvania State Police.
(a) Administration and enforcement.--The Pennsylvania State
Police shall administer and enforce the provisions of this
subchapter.
(b) Duties of Pennsylvania State Police.--To carry out the
provisions of this subchapter, the Pennsylvania State Police
shall:
(1) Develop a program for the certification of persons
to provide firearm safety instruction to individuals seeking
firearm safety certification in accordance with the
provisions of this subchapter.
(2) Develop a firearm safety manual and make the manual
available to firearm dealers licensed under sections 6112
(relating to retail dealer required to be licensed) and 6113
(relating to licensing of dealers). Each firearm dealer shall
make the manual available to the general public. A firearm
dealer may make the manual available to the public by
including the manual or essential portions of the manual in a
pamphlet developed by the dealer that summarizes the
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Commonwealth's firearms law, by posting the instructions
manual or essential portions of the manual on the dealer's
publicly accessible Internet website or by providing a link
to the Pennsylvania State Police's publicly accessible
Internet website on the dealer's publicly accessible Internet
website.
(3) Establish a link on its publicly accessible Internet
website for dealers and other persons to download the firearm
safety manual.
(4) Develop audiovisual materials for use by certified
instructors to conduct firearm safety training.
(5) Solicit input from a reputable association or
organization, including a law enforcement association which
has as one of its objectives the promotion of firearm safety,
in the development of audiovisual materials and other
instructional materials.
(6) Prescribe a minimum level of skill, knowledge and
competency to be required of all firearm safety instructors.
(7) Develop guidelines to govern the certification of
persons as firearm safety training instructors.
(8) Develop guidelines to govern the issuance and
renewal of firearm safety certificates. The guidelines may,
at the discretion of the Pennsylvania State Police, require
the holder of the expiring or expired certificate to pass an
objective test.
(9) Develop a written objective test, prescribe the
objective test's content and the form and manner in which the
objective test may be administered by certified instructors
and make the objective test available to certified
instructors. The Pennsylvania State Police may establish a
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secure link on its publicly accessible Internet website for
certified instructors or other authorized persons to download
the objective tests.
(10) Develop procedures for the oral administration of
the objective test to persons with disabilities or language
barriers.
(11) Update objective test materials for firearm safety
training when determined appropriate, but not less than once
every five years.
(12) Require licensed dealers or employees of licensed
dealers who are also certified as firearm safety instructors
under this subchapter to designate a separate room or
partitioned area for a person to take the objective test and
maintain adequate supervision to ensure that no acts of
collusion occur while the objective test is being
administered.
(c) Certification of instructors.--
(1) The Pennsylvania State Police shall certify persons
as firearm safety training instructors in this Commonwealth.
(2) The Pennsylvania State Police may require applicants
for certification as firearm safety training instructors in
this Commonwealth to have prior certification or firearm
training from one of the following agencies or organizations:
(i) The Federal Law Enforcement Training Center of
the United States Department of Homeland Security,
Firearm Instructor Training Program, range master
training or other Federal weapons training program as
determined by the Pennsylvania State Police.
(ii) The Pennsylvania State Police or a municipal
police department of this Commonwealth or of another
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state, as approved by the Pennsylvania State Police.
(iii) A United States Armed Forces marksmanship or
weapons training instructor program, provided, however,
that a person's assignment as a range officer or safety
officer shall not be deemed sufficient for training
purposes.
(iv) The National Rifle Association or a sportsmen
or gun club.
(v) The Municipal Police Officers' Education and
Training Commission established under 53 Pa.C.S. Ch. 21
Subch. D (relating to municipal police education and
training).
(vi) An accredited institution of higher education
in this Commonwealth which offers a class or course of
study in firearm training or safety.
(3) Nothing in this subsection shall preclude the
Pennsylvania State Police from automatically certifying a
person as a certified instructor, provided that the person
applying for the certification holds a valid firearm safety
certificate or firearms or weapons instructor certification
from an agency or organization under paragraph (2).
(d) Content of objective test.--The objective test developed
by the Pennsylvania State Police for firearm safety
certification shall include, but not be limited to, the
following:
(1) The laws applicable to carrying and handling
firearms in this Commonwealth, particularly a firearm that is
a handgun.
(2) The responsibilities of ownership of firearms,
particularly a firearm that is a handgun.
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(3) Provisions of law which relate to the private sale
and transfer of firearms.
(4) Provisions of law which relate to the permissible
use of lethal force.
(5) What constitutes safe storage of firearms.
(6) Issues associated with bringing firearms into a home
with children, especially a firearm that is a handgun.
(7) Harm prevention strategies to address issues
associated with bringing firearms into a home.
(e) Firearm safety certificate.--The Pennsylvania State
Police shall develop a firearm safety certificate to be issued
by certified instructors to persons seeking firearm safety
certification and who successfully passed a firearm safety
objective test in accordance with the requirements of this
subchapter. A firearm safety certificate shall include, but not
be limited to, the following:
(1) A unique firearm safety certificate identification
number.
(2) The holder's full name and date of birth.
(3) The holder's driver's license number or State
identification card number.
(4) The holder's signature.
(5) The signature of the issuing firearm safety
instructor.
(6) The date of issuance and expiration.
§ 6195. Issuance of firearm safety certificate and objective
test, renewal, fees and expiration.
(a) Compliance required for issuance.--A certified
instructor shall not issue a firearm safety certificate to a
person who has not complied with this subchapter. Proof of
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compliance shall be forwarded to the Pennsylvania State Police
by certified instructors in the form and manner and at the times
as the Pennsylvania State Police shall prescribe.
(b) Objective test required.--
(1) An applicant for a firearm safety certificate shall
successfully pass the objective test developed by the
Pennsylvania State Police in accordance with section 6194(d)
(relating to Pennsylvania State Police) with a passing grade
of at least 75%.
(2) An applicant who fails to pass the objective test
upon the first attempt shall be offered additional
instructional materials by the instructor, such as the
firearm safety manual, a videotape or instructional materials
as may be approved by the Pennsylvania State Police. The
following shall apply:
(i) A person may not retake the objective test under
any circumstances until 24 hours have elapsed after the
failure to pass the objective test upon the first
attempt.
(ii) A person failing the objective test on the
first attempt shall take another version of the objective
test upon the second attempt.
(iii) A person who fails the objective test on a
second attempt may not retake the objective test until
five days have elapsed after failure to pass the
objective test on the second and each subsequent attempt.
(iv) When feasible, all objective tests shall be
retaken from the same instructor except upon permission
by the Pennsylvania State Police, which shall be granted
only for good cause shown.
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(v) The instructor shall make himself or herself
available to the applicant during regular business hours
in order to retake the objective test.
(c) Issuance of certificate.--A person receiving a passing
grade on the objective test in accordance with subsection (b)(1)
shall immediately be issued a firearm safety certificate by the
certified instructor. A certified instructor shall not issue a
firearm safety certificate to any person who is under 18 years
of age.
(d) Expiration and renewal of certificate.--
(1) Each firearm safety certificate issued under
subsection (b)(1) shall expire five years from the date
issued by the certified instructor.
(2) In the case of the loss or destruction of a firearm
safety certificate, the issuing instructor or the
Pennsylvania State Police shall issue a duplicate certificate
upon request and proof of identification to the certificate
holder. A duplicate firearm safety certificate shall be valid
for the balance of the unexpired term of the original
certificate.
(e) Fees.--
(1) In addition to a fee or charge which may be imposed
by a certified instructor for firearm training, each
certified instructor shall charge a fee of $30 for the
issuance of a firearm safety certificate. Twenty dollars of
the fee shall be remitted to the Pennsylvania State Police
for deposit in the fund in accordance with subsection (f).
(2) A person seeking to renew an expiring or expired
firearm safety certificate may be required to pass the
objective test, as determined by the Pennsylvania State
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Police. For the renewal of an expiring or expired
certificate, each certified instructor shall charge a fee of
$25, $15 of which shall be remitted to the Pennsylvania State
Police for deposit in the fund in accordance with subsection
(f).
(3) In the case of the loss or destruction of a firearm
safety certificate, the Pennsylvania State Police may
authorize the issuing instructor to charge a fee of $15 for a
duplicate certificate, $10 of which shall be remitted to the
Pennsylvania State Police for deposit in the fund in
accordance with subsection (f).
(f) Firearm Safety and Enforcement Fund.--
(1) The Firearm Safety and Enforcement Fund is hereby
established as a restricted account in the State Treasury.
Money in the fund shall be expended by the Pennsylvania State
Police for the sole and exclusive purpose of administering
and enforcing this subchapter.
(2) The fund shall consist of all money received and
deposited into the fund by the Pennsylvania State Police in
accordance with subsection (e) and any interest thereon,
money which may be appropriated by the General Assembly and
any other contributions, payments or deposits which may be
made available to the fund.
§ 6196. Violations and penalties.
(a) Revocation of instructor certificate.--A violation of
this subchapter by a certified instructor may be grounds for the
Pennsylvania State Police to revoke the instructor's authority
to provide firearm safety training to persons seeking firearm
safety certification and to issue firearm safety certificates to
those persons.
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(b) Acts of collusion.--
(1) A person shall not commit an act of collusion as
specified in paragraph (2).
(2) For purposes of paragraph (1), an act of collusion
may include the following activities:
(i) Answering questions for an applicant taking the
objective test for firearm safety certification while the
objective test is being administered.
(ii) Knowingly grading an objective test for a
firearm safety certificate falsely.
(iii) Providing an advance copy of the objective
test to an applicant seeking firearm safety
certification.
(iv) Taking or allowing another person to take
firearm safety training for the applicant seeking a
firearm safety certificate.
(v) Taking or allowing another person to take the
objective test for the applicant seeking firearm safety
certification.
(vi) Using or allowing another to use an applicant's
identification for the purpose of obtaining a firearm
safety certificate.
(vii) Allowing persons to give an applicant for a
firearm safety certificate unauthorized assistance during
administration of the objective test.
(viii) Using unauthorized materials while taking the
objective test and cheating by the applicant.
(c) Additional violations.--It shall be unlawful for a
person to do any of the following:
(1) Alter, counterfeit or falsify a firearm safety
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certificate.
(2) Use or attempt to use any altered, counterfeited or
falsified firearm safety certificate to purchase a firearm.
(d) Penalty.--A person who violates subsections (b) and (c)
commits a misdemeanor.
§ 6197. Immunity from liability.
The Pennsylvania State Police shall be immune from any
liability which may arise from administering, implementing or
enforcing any provisions of this subchapter.
Section 2. This act shall take effect in 60 days.
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