PRINTER'S NO. 3026
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2097
Session of
2018
INTRODUCED BY DAWKINS, KINSEY, SIMS, SOLOMON, DRISCOLL, NEILSON,
DONATUCCI, KIRKLAND, RABB, DAVIS, FRANKEL, MURT, DEAN,
ROEBUCK, HILL-EVANS AND MADDEN, FEBRUARY 16, 2018
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 16, 2018
AN ACT
Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes, in
firearms and other dangerous articles, further providing for
persons not to possess, use, manufacture, control, sell or
transfer firearms, for restoration of firearm rights for
offenses under prior laws of this Commonwealth, for licenses,
for sale or transfer of firearms and for Pennsylvania State
Police; and, in protection from abuse, further providing for
relief and for registry or database of firearm ownership and
providing for Domestic Violence Firearm Purchase Notification
System.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6105(a), (a.1)(1.1), (c) introductory
paragraph, (d) introductory paragraph and (3) and (e)(1) of
Title 18 of the Pennsylvania Consolidated Statutes are amended
and the section is amended by adding a subsection to read:
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
(a) Offense defined.--
(1) A person who has been convicted of an offense
enumerated in subsection (b) or arrested for or convicted of
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an offense enumerated in subsection (b.1), within or without
this Commonwealth, regardless of the length of sentence or
whose conduct meets the criteria in subsection (c) shall not
possess, use, control, sell, transfer or manufacture or
obtain a license to possess, use, control, sell, transfer or
manufacture a firearm in this Commonwealth.
(2) (i) A person who is prohibited from possessing,
using, controlling, selling, transferring or
manufacturing a firearm under paragraph (1) or subsection
(b), (b.1) or (c) shall have a reasonable period of time,
not to exceed 60 days from the date of the imposition of
the disability under this subsection, in which to sell or
transfer that person's firearms to another eligible
person who is not a member of the prohibited person's
household.
(ii) This paragraph shall not apply to any person
whose disability is imposed pursuant to subsection (c)
(6).
(a.1) Penalty.--
* * *
(1.1) The following shall apply:
(i) A person convicted of a felony enumerated under
subsection (b) [or], arrested for or convicted of a
felony enumerated under subsection (b.1) or convicted of
a felony under The Controlled Substance, Drug, Device and
Cosmetic Act, or any equivalent Federal statute or
equivalent statute of any other state, who violates
subsection (a) commits a felony of the first degree if:
(A) at the time of the commission of a violation
of subsection (a), the person has previously been
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convicted of an offense under subsection (a); or
(B) at the time of the commission of a violation
of subsection (a), the person was in physical
possession or control of a firearm, whether visible,
concealed about the person or within the person's
reach.
(ii) The Pennsylvania Commission on Sentencing,
under 42 Pa.C.S. § 2154 (relating to adoption of
guidelines for sentencing), shall provide for a
sentencing enhancement for a sentence imposed pursuant to
this paragraph.
* * *
(b.1) Domestic violence offenses.--A charge or conviction
for the following offenses shall apply to subsection (a) if the
victim is a family or household member, sexual or intimate
partner or an individual who shares biological parenthood:
Section 908 (relating to prohibited offensive weapons).
Section 911 (relating to corrupt organizations).
Section 912 (relating to possession of weapon on school
property).
Section 2502 (relating to murder).
Section 2503 (relating to voluntary manslaughter).
Section 2504 (relating to involuntary manslaughter) if
the offense is based on the reckless use of a firearm.
Section 2702 (relating to aggravated assault).
Section 2703 (relating to assault by prisoner).
Section 2704 (relating to assault by life prisoner).
Section 2709.1 (relating to stalking).
Section 2716 (relating to weapons of mass destruction).
Section 2901 (relating to kidnapping).
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Section 2902 (relating to unlawful restraint).
Section 2910 (relating to luring a child into a motor
vehicle or structure).
Section 3121 (relating to rape).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3125 (relating to aggravated indecent assault).
Section 3301 (relating to arson and related offenses).
Section 3302 (relating to causing or risking
catastrophe).
Section 3502 (relating to burglary).
Section 3503 (relating to criminal trespass) if the
offense is graded a felony of the second degree or higher.
Section 3701 (relating to robbery).
Section 3702 (relating to robbery of motor vehicle).
Section 3921 (relating to theft by unlawful taking or
disposition) upon conviction of the second felony offense.
Section 3923 (relating to theft by extortion) when the
offense is accompanied by threats of violence.
Section 3925 (relating to receiving stolen property) upon
conviction of the second felony offense.
Section 4906 (relating to false reports to law
enforcement authorities) if the fictitious report involved
the theft of a firearm as provided in section 4906(c)(2).
Section 4912 (relating to impersonating a public servant)
if the person is impersonating a law enforcement officer.
Section 4952 (relating to intimidation of witnesses or
victims).
Section 4953 (relating to retaliation against witness,
victim or party).
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Section 5121 (relating to escape).
Section 5122 (relating to weapons or implements for
escape).
Section 5501(3) (relating to riot).
Section 5515 (relating to prohibiting of paramilitary
training).
Section 5516 (relating to facsimile weapons of mass
destruction).
Section 6110.1 (relating to possession of firearm by
minor).
Section 6301 (relating to corruption of minors).
Section 6302 (relating to sale or lease of weapons and
explosives).
Any offense equivalent to any of the above-enumerated
offenses under the prior laws of this Commonwealth or any
offense equivalent to any of the above-enumerated offenses
under the statutes of any other state or of the United
States.
(c) Other persons.--In addition to any person who has been
convicted of any offense listed under subsection (b) or arrested
for or convicted of an offense listed under subsection (b.1),
the following persons shall be subject to the prohibition of
subsection (a):
* * *
(d) Exemption.--A person who has been convicted of a crime
specified in subsection (a) or (b), a person who has been
arrested for or convicted of a crime specified in subsection
(b.1) or a person whose conduct meets the criteria in subsection
(c)(1), (2), (5), (7) or (9) may make application to the court
of common pleas of the county where the principal residence of
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the applicant is situated for relief from the disability imposed
by this section upon the possession, transfer or control of a
firearm. The court shall grant such relief if it determines that
any of the following apply:
* * *
(3) Each of the following conditions is met:
(i) The Secretary of the Treasury of the United
States has relieved the applicant of an applicable
disability imposed by Federal law upon the possession,
ownership or control of a firearm as a result of the
applicant's prior conviction, except that the court may
waive this condition if the court determines that the
Congress of the United States has not appropriated
sufficient funds to enable the Secretary of the Treasury
to grant relief to applicants eligible for the relief.
(ii) A period of ten years, not including any time
spent in incarceration, has elapsed since the most recent
conviction of the applicant of a crime enumerated in
subsection (b), arrest for or conviction of a crime
enumerated in subsection (b.1), conviction of a felony
violation of The Controlled Substance, Drug, Device and
Cosmetic Act or the conviction of an offense which
resulted in the prohibition under 18 U.S.C. § 922(g)(9).
(e) Proceedings.--
(1) If a person convicted of an offense under subsection
(a), (b) or (c)(1), (2), (5), (7) or (9) or arrested for or
convicted of an offense under subsection (b.1) makes
application to the court, a hearing shall be held in open
court to determine whether the requirements of this section
have been met. The commissioner and the district attorney of
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the county where the application is filed and any victim or
survivor of a victim of the offense upon which the disability
is based may be parties to the proceeding.
* * *
Section 2. Sections 6105.1(a)(1) and 6109(i.1)(1) of Title
18 are amended to read:
§ 6105.1. Restoration of firearm rights for offenses under
prior laws of this Commonwealth.
(a) Restoration.--A person convicted of a disabling offense
may make application to the court of common pleas in the county
where the principal residence of the applicant is situated for
restoration of firearms rights. The court shall grant
restoration of firearms rights after a hearing in open court to
determine whether the requirements of this section have been met
unless:
(1) the applicant has been convicted of any other
offense specified in section 6105(a) or (b) (relating to
persons not to possess, use, manufacture, control, sell or
transfer firearms) or arrested for or convicted of an offense
under section 6105(b.1) or the applicant's conduct meets the
criteria in section 6105(c)(1), (2), (3), (4), (5), (6) or
(7);
* * *
§ 6109. Licenses.
* * *
(i.1) Notice to sheriff.--Notwithstanding any statute to the
contrary:
(1) Upon conviction of a person for a crime specified in
section 6105(a) or (b) or arrest for or conviction of a crime
specified under section 6105(b.1) or upon conviction of a
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person for a crime punishable by imprisonment exceeding one
year or upon a determination that the conduct of a person
meets the criteria specified in section 6105(c)(1), (2), (3),
(5), (6) or (9), the court shall determine if the defendant
has a license to carry firearms issued pursuant to this
section. If the defendant has such a license, the court shall
notify the sheriff of the county in which that person
resides, on a form developed by the Pennsylvania State
Police, of the identity of the person and the nature of the
crime or conduct which resulted in the notification. The
notification shall be transmitted by the judge within seven
days of the conviction or determination.
* * *
Section 3. Section 6111 of Title 18 is amended by adding a
subsection to read:
§ 6111. Sale or transfer of firearms.
* * *
(b.1) Identifying information.--If it has been discovered
that a purchaser or transferee is prohibited from possessing a
firearm pursuant to section 6105(b.1) or is currently under a
foreign protection order as defined in 23 Pa.C.S. § 6102
(relating to definitions), the seller shall report the
identifying information of the purchaser or transferee,
including information regarding the date of the
application/record of sale, denial of the application/record of
sale and any other information as required by the Pennsylvania
State Police, within 24 hours to the Domestic Violence Firearm
Purchase Notification System under 23 Pa.C.S. § 6108.6(c)
(relating to Domestic Violence Firearm Purchase Notification
System) in a format as prescribed by the Pennsylvania State
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Police.
* * *
Section 4. Section 6111.1(i) of Title 18 is amended to read:
§ 6111.1. Pennsylvania State Police.
* * *
(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) number of firearm sales, including the types of
firearms;
(2) number of applications for sale of firearms denied,
number of challenges of the denials and number of final
reversals of initial denials;
(3) summary of the Pennsylvania State Police's
activities, including the average time taken to complete a
criminal history, juvenile delinquency history or mental
health record check; [and]
(4) uniform crime reporting statistics compiled by the
Pennsylvania State Police based on the National Incident-
based Reporting System[.];
(5) number of firearms sales denied as a result of an
individual being arrested for or convicted of an offense
enumerated in section 6105(b.1) or being currently under a
foreign protection order as defined in 23 Pa.C.S. § 6102
(relating to definitions); and
(6) number of firearms sales denied for the reasons
specified under paragraph (5) which were investigated for
potential criminal prosecution and resulted in an arrest,
prosecution or conviction.
* * *
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Section 5. Sections 6108(a)(7)(iv) and 6108.4(a) of Title 23
are amended to read:
§ 6108. Relief.
(a) General rule.--The court may grant any protection order
or approve any consent agreement to bring about a cessation of
abuse of the plaintiff or minor children. The order or agreement
may include:
* * *
(7) Ordering the defendant to temporarily relinquish to
the sheriff the defendant's other weapons and ammunition
which have been used or been threatened to be used in an
incident of abuse against the plaintiff or the minor children
and the defendant's firearms and prohibiting the defendant
from acquiring or possessing any firearm for the duration of
the order and requiring the defendant to relinquish to the
sheriff any firearm license issued under section 6108.3
(relating to relinquishment to third party for safekeeping)
or 18 Pa.C.S. § 6106 (relating to firearms not to be carried
without a license) or 6109 (relating to licenses) the
defendant may possess. A copy of the court's order shall be
transmitted to the chief or head of the police force or
police department of the municipality and to the sheriff of
the county of which the defendant is a resident. When
relinquishment is ordered, the following shall apply:
* * *
(iv) Unless the defendant has complied with
subparagraph (i)(B) or section 6108.2 or 6108.3, if the
defendant fails to relinquish any firearm, other weapon,
ammunition or firearm license within 24 hours or upon the
close of the next business day due to closure of
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sheriffs' offices or within the time ordered by the court
upon cause being shown at the hearing, the sheriff shall,
at a minimum, provide immediate notice to the court, the
plaintiff and appropriate law enforcement agencies. If
the court determines that there is a substantial risk of
immediate abuse, the court shall order the defendant to
surrender the defendant's firearms to law enforcement.
Upon service of the order, law enforcement shall
immediately take possession of the defendant's firearms
and firearm license issued under section 6108.3 or 18
Pa.C.S. § 6106 or 6109.
* * *
§ 6108.4. Registry or database of firearm ownership.
(a) Confidentiality.--Information retained to ensure
compliance with this chapter and to document the return of
firearms shall not be subject to access under the [act of June
21, 1957 (P.L.390, No.212), referred to as the Right-to-Know
Law.] act of February 14, 2008 (P.L.6, No.3), known as the
Right-to-Know Law.
* * *
Section 6. Title 23 is amended by adding a section to read:
§ 6108.6. Domestic Violence Firearm Purchase Notification
System.
(a) Establishment.--The Pennsylvania State Police shall
establish and maintain the Domestic Violence Firearm Purchase
Notification System to alert victims, the general public and law
enforcement agencies if:
(1) an individual has been arrested for or convicted of
a domestic violence-related offense or subject to a
protection from abuse order; and
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(2) has attempted to purchase a firearm from a licensed
firearms dealer.
(b) Notice.--The Domestic Violence Firearm Purchase
Notification System shall automatically notify a registered
person via the registered person's choice of telephone or e-mail
when an individual meets the criteria under subsection (a).
(c) Registration.-- The Domestic Violence Firearm Purchase
Notification System shall allow a person to:
(1) register to receive notices under subsection (b);
and
(2) update the person's registration information by
calling a toll-free telephone number or by accessing a
publicly accessible Internet website.
(d) Civil immunity.--Absent a showing of gross negligence or
willful misconduct, a public employee or public official shall
be immune from civil liability for damages for the release of
information or the failure to release information in the
Domestic Violence Firearm Purchase Notification System.
Section 7. This act shall take effect in 60 days.
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