PRINTER'S NO. 2338
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1747
Session of
2019
INTRODUCED BY DOWLING, RYAN, PICKETT, ROTHMAN, JONES, JAMES,
DIAMOND, CAUSER, STAATS, PYLE, BERNSTINE, DUNBAR, NELSON,
WALSH, M. K. KELLER, WARNER, IRVIN, MILLARD, ECKER, SANKEY,
READSHAW, KEEFER, SAYLOR, HEFFLEY, SCHLEGEL CULVER, MOUL,
GAYDOS, KLUNK, GROVE, FRITZ, B. MILLER, BARRAR, REESE AND
METCALFE, AUGUST 16, 2019
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 16, 2019
AN ACT
Amending Titles 18 (Crimes and Offenses) and 35 (Health and
Safety) of the Pennsylvania Consolidated Statutes, in
firearms and other dangerous articles, further providing for
prohibited conduct during emergency; and, in Commonwealth
services, further providing for general authority of
Governor.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6107 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6107. Prohibited conduct during emergency.
[(a) General rule.--No person shall carry a firearm upon the
public streets or upon any public property during an emergency
proclaimed by a State or municipal governmental executive unless
that person is:
(1) Actively engaged in a defense of that person's life
or property from peril or threat.
(2) Licensed to carry firearms under section 6109
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(relating to licenses) or is exempt from licensing under
section 6106(b) (relating to firearms not to be carried
without a license).]
(b) Seizure, taking and confiscation.--[Except as otherwise
provided under subsection (a) and notwithstanding]
Notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to
Commonwealth services) or any other provision of law to the
contrary, no firearm, accessory or ammunition may be seized,
taken or confiscated during an emergency unless the seizure,
taking or confiscation would be authorized absent the emergency.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Accessory." Any scope, sight, bipod, sling, light,
magazine, clip or other related item that is attached to or
necessary for the operation of a firearm.
"Firearm." The term includes any weapon that is designed to
or may readily be converted to expel any projectile by the
action of an explosive or the frame or receiver of any weapon.
Section 2. Section 7301(f)(8) of Title 35 is amended to
read:
§ 7301. General authority of Governor.
* * *
(f) Additional powers.--In addition to any other powers
conferred upon the Governor by law, the Governor may:
* * *
(8) Suspend or limit the sale, dispensing or
transportation of alcoholic beverages, [firearms,] explosives
and combustibles.
* * *
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Section 3. This act shall take effect in 60 days.
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