PRINTER'S NO. 468
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
480
Session of
2019
INTRODUCED BY GROVE, BERNSTINE, JAMES, IRVIN, ORTITAY, SAYLOR,
READSHAW AND JONES, FEBRUARY 12, 2019
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 12, 2019
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in firearms and other dangerous articles, further
providing for possession of firearm by minor; and, in
forfeitures, providing for disposition of forfeited firearms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6110.1(d) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6110.1. Possession of firearm by minor.
* * *
(d) Forfeiture.--Any firearm in the possession of a person
under 18 years of age in violation of this section shall be
promptly seized by the arresting law enforcement officer and
upon conviction or adjudication of delinquency shall be
[forfeited]:
(1) forfeited and disposed of in accordance with 42
Pa.C.S. § 6803 (relating to disposition of forfeited
firearms); or[,]
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(2) if stolen, returned to the lawful owner.
Section 2. Title 42 is amended by adding a section to read:
§ 6803. Disposition of forfeited firearms.
(a) Prescribed actions.--Whenever a firearm is required to
be forfeited under this chapter, 18 Pa.C.S. § 6110.1(d)
(relating to possession of firearm by minor) or any other law,
the court shall order the appropriate agency to take one of the
following actions:
(1) Relinquish ownership of the firearm to the
appropriate Federal law enforcement agency.
(2) Retain the firearm for official use by the agency
and the prosecuting authority.
(3) Sell the firearm to a federally licensed firearms
dealer and distribute the proceeds as required by this
chapter.
(4) Conduct a sale of the firearm at public auction.
Before the highest bidder at the public auction takes
possession of the firearm, the applicable background checks
shall be completed. If the results of the applicable
background checks indicate that the highest bidder is not
eligible to take possession of the firearm, the highest
bidder shall not be entitled to a refund of any incurred
costs associated with the background checks or the public
auction.
(b) Proceeds.--Proceeds resulting from the sale of a firearm
under subsection (a) shall be used to cover the agency's
personnel, equipment and training costs.
(c) Definition.--As used in this section, the term "firearm"
includes any ammunition and accessories included with a
forfeited firearm.
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Section 3. This act shall take effect in 60 days.
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