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PRINTER'S NO. 1272
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1211
Session of
2021
INTRODUCED BY GUENST, SANCHEZ, D. WILLIAMS, SCHLOSSBERG, KINSEY,
WARREN, SCHWEYER, SIMS, ISAACSON, HOWARD, SHUSTERMAN AND
FITZGERALD, APRIL 16, 2021
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 16, 2021
AN ACT
Amending Title 18 (Crimes and Offenses) 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 and for
licenses; and providing for firearm restraining order.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 6105 and 6109(i.1) and (m.1) of Title 18
of the Pennsylvania Consolidated Statutes are amended 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), 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.
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(2) (i) Except as otherwise provided in this paragraph,
a person who is prohibited from possessing, using,
controlling, selling, transferring or manufacturing a
firearm under paragraph (1) or subsection (b) 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)
or (6.1).
(iii) A person whose disability is imposed pursuant
to subsection (c)(9) shall relinquish any firearms and
firearm licenses under that person's possession or
control, as described in section 6105.2 (relating to
relinquishment of firearms and firearm licenses by
convicted persons).
(iv) A person whose disability is imposed pursuant
to a protection from abuse order shall relinquish any
firearms, other weapons, ammunition and firearm licenses
under that person's possession or control, as described
in 23 Pa.C.S. § 6108(a)(7) (relating to relief).
(a.1) Penalty.--
(1) Except as provided under paragraph (1.1), a person
convicted of a felony enumerated under subsection (b) or a
felony under the act of April 14, 1972 (P.L.233, No.64),
known as 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
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felony of the second degree.
(1.1) The following shall apply:
(i) A person convicted of a felony enumerated under
subsection (b) or 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
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.
(2) A person who is the subject of an active final
protection from abuse order issued pursuant to 23 Pa.C.S. §
6108, is the subject of any other active protection from
abuse order issued pursuant to 23 Pa.C.S. § 6107(b) (relating
to hearings) or an active firearm restraining order under
section 6190.5 (relating to relief), which provided for the
relinquishment of firearms or other weapons or ammunition
during the period of time the order is in effect, or is
otherwise prohibited from possessing or acquiring a firearm
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under 18 U.S.C. § 922(g)(8) (relating to unlawful acts),
commits a misdemeanor of the second degree if he
intentionally or knowingly fails to relinquish a firearm or
other weapon or ammunition to the sheriff or appropriate law
enforcement agency as defined in 23 Pa.C.S. § 6102 (relating
to definitions) as required by the order unless, in lieu of
relinquishment, he provides an affidavit which lists the
firearms or other weapons or ammunition to the sheriff in
accordance with 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2
(relating to relinquishment for consignment sale, lawful
transfer or safekeeping) or 6108.3 (relating to
relinquishment to third party for safekeeping)[.] or in
accordance with either section 6190.5(a)(2) or (b)(3)(i) or
6190.8 (relating to relinquishment for consignment sale,
lawful transfers and safekeeping).
(3) (i) A person commits a misdemeanor of the third
degree if he intentionally or knowingly accepts
possession of a firearm, other weapon or ammunition from
another person he knows is the subject of an active final
protection from abuse order issued pursuant to 23 Pa.C.S.
§ 6108 [or], an active protection from abuse order issued
pursuant to 23 Pa.C.S. § 6107(b) or an active firearm
restraining order under section 6190.5, which order
provided for the relinquishment of the firearm, other
weapon or ammunition during the period of time the order
is in effect.
(ii) This paragraph shall not apply to:
(A) a third party who accepts possession of a
firearm, other weapon or ammunition relinquished
pursuant to 23 Pa.C.S. § 6108.3; or
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(B) a dealer licensed pursuant to section 6113
(relating to licensing of dealers) or subsequent
purchaser from a dealer licensed pursuant to section
6113, who accepts possession of a firearm, other
weapon or ammunition relinquished pursuant to section
6190.8 or 23 Pa.C.S. § 6108.2.
(4) It shall be an affirmative defense to any
prosecution under paragraph (3) that the person accepting
possession of a firearm, other weapon or ammunition in
violation of paragraph (3):
(i) notified the sheriff as soon as practicable that
he has taken possession; and
(ii) relinquished possession of any firearm, other
weapon or ammunition possessed in violation of paragraph
(3) as directed by the sheriff.
(5) A person who has accepted possession of a firearm,
other weapon or ammunition pursuant to 23 Pa.C.S. § 6108.3 or
section 6190.3 (relating to commencement of proceedings)
commits a misdemeanor of the first degree if he intentionally
or knowingly returns a firearm, other weapon or ammunition to
a defendant or intentionally or knowingly allows a defendant
to have access to the firearm, other weapon or ammunition
prior to either of the following:
(i) The sheriff accepts return of the safekeeping
permit issued to the party pursuant to 23 Pa.C.S. §
6108.3(d)(1)(i).
(ii) The issuance of a court order pursuant to
subsection (f)(2) or 23 Pa.C.S. § 6108.1(b) (relating to
return of relinquished firearms, other weapons and
ammunition and additional relief) or section 6190.7(b)
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(relating to return of relinquished firearms, other
weapons and ammunition, and additional relief) which
modifies a valid protection from abuse order issued
pursuant to 23 Pa.C.S. § 6108 or a valid firearm
restraining order under section 6190.5, which order
provided for the relinquishment of the firearm, other
weapon or ammunition by allowing the defendant to take
possession of the firearm, other weapon or ammunition
that had previously been ordered relinquished.
(b) Enumerated offenses.--The following offenses shall apply
to subsection (a):
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).
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
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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).
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
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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), the
following persons shall be subject to the prohibition of
subsection (a):
(1) A person who is a fugitive from justice. This
paragraph does not apply to an individual whose fugitive
status is based upon a nonmoving or moving summary offense
under Title 75 (relating to vehicles).
(2) A person who has been convicted of an offense under
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or any
equivalent Federal statute or equivalent statute of any other
state, that may be punishable by a term of imprisonment
exceeding two years.
(3) A person who has been convicted of driving under the
influence of alcohol or controlled substance as provided in
75 Pa.C.S. § 3802 (relating to driving under influence of
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alcohol or controlled substance) or the former 75 Pa.C.S. §
3731, on three or more separate occasions within a five-year
period. For the purposes of this paragraph only, the
prohibition of subsection (a) shall only apply to transfers
or purchases of firearms after the third conviction.
(4) A person who has been adjudicated as an incompetent
or who has been involuntarily committed to a mental
institution for inpatient care and treatment under section
302, 303 or 304 of the provisions of the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures Act.
This paragraph shall not apply to any proceeding under
section 302 of the Mental Health Procedures Act unless the
examining physician has issued a certification that inpatient
care was necessary or that the person was committable.
(5) A person who, being an alien, is illegally or
unlawfully in the United States.
(6) A person who is the subject of an active final
protection from abuse order issued pursuant to 23 Pa.C.S. §
6108, is the subject of any other active protection from
abuse order issued pursuant to 23 Pa.C.S. § 6107(b), which
provided for the relinquishment of firearms during the period
of time the order is in effect or is otherwise prohibited
from possessing or acquiring a firearm under 18 U.S.C. §
922(g)(8). This prohibition shall terminate upon the
expiration or vacation of the order or portion thereof
relating to the relinquishment of firearms.
(6.1) A person who is the subject of an active firearm
restraining order issued under section 6190.5, which order
provided for the relinquishment of firearms during the period
of time the order is in effect. The prohibition under this
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paragraph shall terminate upon the expiration or vacation of
an active firearm restraining order or upon the expiration or
vacation of any provision of a firearm restraining order
relating to the relinquishment of firearms.
(7) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or
under any equivalent Federal statute or statute of any other
state as a result of conduct which if committed by an adult
would constitute an offense under sections 2502, 2503, 2702,
2703 (relating to assault by prisoner), 2704, 2901, 3121,
3123, 3301, 3502, 3701 and 3923.
(8) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal
statute or statute of any other state as a result of conduct
which if committed by an adult would constitute an offense
enumerated in subsection (b) with the exception of those
crimes set forth in paragraph (7). This prohibition shall
terminate 15 years after the last applicable delinquent
adjudication or upon the person reaching the age of 30,
whichever is earlier.
(9) A person who is prohibited from possessing or
acquiring a firearm under 18 U.S.C. § 922(g)(9). If the
offense which resulted in the prohibition under 18 U.S.C. §
922(g)(9) was committed, as provided in 18 U.S.C. § 921(a)
(33)(A)(ii) (relating to definitions), by a person in any of
the following relationships:
(i) the current or former spouse, parent or guardian
of the victim;
(ii) a person with whom the victim shares a child in
common;
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(iii) a person who cohabits with or has cohabited
with the victim as a spouse, parent or guardian; or
(iv) a person similarly situated to a spouse, parent
or guardian of the victim;
then the relationship need not be an element of the offense
to meet the requirements of this paragraph.
(10) A person who has been convicted of an offense under
subsection (a.1)(2). The prohibition shall terminate five
years after the date of conviction, final release from
confinement or final release from supervision, whichever is
later.
(d) Exemption.--A person who has been convicted of a crime
specified in subsection (a) or (b) 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 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:
(1) The conviction has been vacated under circumstances
where all appeals have been exhausted or where the right to
appeal has expired.
(2) The conviction has been the subject of a full pardon
by the Governor.
(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
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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), a felony violation of The Controlled
Substance, Drug, Device and Cosmetic Act or the offense
which resulted in the prohibition under 18 U.S.C. §
922(g)(9).
(d.1) Concurrent jurisdiction to prosecute.--The following
apply in a city of the first class where the Attorney General
has operated a joint local-State firearm task force:
(1) In addition to the authority conferred upon the
Attorney General by the act of October 15, 1980 (P.L.950,
No.164), known as the Commonwealth Attorneys Act, the
Attorney General shall have the authority to investigate and
institute criminal proceedings for a violation of this
section.
(2) No person charged with a violation of this section
by the Attorney General shall have standing to challenge the
authority of the Attorney General to prosecute the case, and,
if any such challenge is made, the challenge shall be
dismissed and no relief shall be available in the courts of
this Commonwealth to the person making the challenge.
(3) This subsection shall not apply to any case
instituted two years after the effective date of this
subsection.
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(e) Proceedings.--
(1) If a person convicted of an offense under subsection
(a), (b) or (c)(1), (2), (5), (7) or (9) 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 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.
(2) Upon application to the court of common pleas
pursuant to paragraph (1) by an applicant who is subject to
the prohibition under subsection (c)(3), the court shall
grant such relief if a period of ten years, not including any
time spent in incarceration, has passed since the applicant's
most recent conviction under subsection (c)(3).
(f) Other exemptions and proceedings.--
(1) Upon application to the court of common pleas under
this subsection by an applicant subject to the prohibitions
under subsection (c)(4), the court may grant such relief as
it deems appropriate if the court determines that the
applicant may possess a firearm without risk to the applicant
or any other person.
(2) If application is made under this subsection for
relief from the disability imposed under subsection (c)(6) or
(6.1), notice of such application shall be given to the
person who had petitioned for the protection from abuse order
or a firearm restraining order, and such person shall be a
party to the proceedings. Notice of any court order or
amendment to a court order restoring firearms possession or
control shall be given to the person who had petitioned for
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the protection from abuse order or a firearm restraining
order, to the sheriff and to the Pennsylvania State Police[.]
and, in the case of a firearm restraining order, to the
appropriate law enforcement agency and district attorney in
the county wherein the firearm restraining order was issued.
The application and any proceedings on the application shall
comply with 23 Pa.C.S. Ch. 61 (relating to protection from
abuse) or with the applicable provisions of Subchapter E
(relating to firearm restraining order).
(3) All hearings conducted under this subsection shall
be closed unless otherwise requested to be open by the
applicant.
(4) (i) The owner of any seized or confiscated firearms
or of any firearms ordered relinquished under 23 Pa.C.S.
§ 6108 or under section 6190.5 shall be provided with a
signed and dated written receipt by the appropriate law
enforcement agency. This receipt shall include, but not
limited to, a detailed identifying description indicating
the serial number and condition of the firearm. In
addition, the appropriate law enforcement agency shall be
liable to the lawful owner of said confiscated, seized or
relinquished firearm for any loss, damage or substantial
decrease in value of said firearm that is a direct result
of a lack of reasonable care by the appropriate law
enforcement agency.
(ii) Firearms shall not be engraved or permanently
marked in any manner, including, but not limited to,
engraving of evidence or other identification numbers.
Unless reasonable suspicion exists to believe that a
particular firearm has been used in the commission of a
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crime, no firearm shall be test fired. Any reduction in
the value of a firearm due to test firing, engraving or
permanently marking in violation of this paragraph shall
be considered damage, and the law enforcement agency
shall be liable to the lawful owner of the firearm for
the reduction in value caused by the test firing,
engraving or permanently marking.
(iii) For purposes of this paragraph, the term
"firearm" shall include any scope, sight, bipod, sling,
light, magazine, clip, ammunition or other firearm
accessory attached to or seized, confiscated or
relinquished with a firearm.
(g) Other restrictions.--Nothing in this section shall
exempt a person from a disability in relation to the possession
or control of a firearm which is imposed as a condition of
probation or parole or which is imposed pursuant to the
provision of any law other than this section.
(h) License prohibition.--Any person who is prohibited from
possessing, using, controlling, selling, purchasing,
transferring or manufacturing any firearm under this section
shall not be eligible for or permitted to obtain a license to
carry a firearm under section 6109 (relating to licenses).
(i) Firearm.--As used in this section only, the term
"firearm" shall include any weapons which are designed to or may
readily be converted to expel any projectile by the action of an
explosive or the frame or receiver of any such weapon.
(j) Copy of order to State Police.--If the court grants
relief from the disabilities imposed under this section, a copy
of the order shall be sent by the prothonotary within ten days
of the entry of the order to the Pennsylvania State Police and
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shall include the name, date of birth and Social Security number
of the individual.
§ 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 upon conviction of a 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), (6.1) 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.
(2) Upon adjudication that a person is incompetent or
upon the involuntary commitment of a person 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, or upon involuntary treatment of a person as
described under section 6105(c)(4) or 6190.6(c)(3)(ii)(F)
(relating to hearing), the judge of the court of common
pleas, mental health review officer or county mental health
and mental retardation administrator shall notify the sheriff
of the county in which that person resides, on a form
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developed by the Pennsylvania State Police, of the identity
of the person who has been adjudicated, committed or treated
and the nature of the adjudication, commitment or treatment.
The notification shall be transmitted by the judge, mental
health review officer or county mental health and mental
retardation administrator within seven days of the
adjudication, commitment or treatment.
* * *
(m.1) Temporary emergency licenses.--
(1) A person seeking a temporary emergency license to
carry a concealed firearm shall submit to the sheriff of the
county in which the person resides all of the following:
(i) Evidence of imminent danger to the person or the
person's minor child. For purposes of this subparagraph,
the term "minor" shall have the same meaning as provided
in 1 Pa.C.S. § 1991 (relating to definitions).
(ii) A sworn affidavit that contains the information
required on an application for a license to carry a
firearm and attesting that the person is 21 years of age
or older, is not prohibited from owning firearms under
section 6105 (relating to persons not to possess, use,
manufacture, control, sell or transfer firearms) or any
other Federal or State law and is not currently subject
to a protection from abuse order or a protection order
issued by a court of another state or an active firearm
restraining order under Subchapter E (relating to firearm
restraining order).
(iii) In addition to the provisions of subsection
(h), a temporary emergency license fee established by the
Commissioner of the Pennsylvania State Police for an
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amount that does not exceed the actual cost of conducting
the criminal background check or $10, whichever is less.
(iv) An application for a license to carry a firearm
on the form prescribed pursuant to subsection (c).
(2) Upon receipt of the items required under paragraph
(1), the sheriff immediately shall conduct a criminal
history, juvenile delinquency and mental health record check
of the applicant pursuant to section 6105. Immediately upon
receipt of the results of the records check, the sheriff
shall review the information and shall determine whether the
applicant meets the criteria set forth in this subsection. If
the sheriff determines that the applicant has met all of the
criteria, the sheriff shall immediately issue the applicant a
temporary emergency license to carry a concealed firearm.
(3) If the sheriff refuses to issue a temporary
emergency license, the sheriff shall specify the grounds for
the denial in a written notice to the applicant. The
applicant may appeal the denial or challenge criminal records
check results that were the basis of the denial, if
applicable, in the same manner as a denial of a license to
carry a firearm under this section.
(4) A temporary emergency license issued under this
subsection shall be valid for 45 days and may not be renewed.
A person who has been issued a temporary emergency license
under this subsection shall not be issued another temporary
emergency license unless at least five years have expired
since the issuance of the prior temporary emergency license.
During the 45 days the temporary emergency license is valid,
the sheriff shall conduct an additional investigation of the
person for the purposes of determining whether the person may
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be issued a license pursuant to this section. If, during the
course of this investigation, the sheriff discovers any
information that would have prohibited the issuance of a
license pursuant to this section, the sheriff shall be
authorized to revoke the temporary emergency license as
provided in subsection (i).
(5) The temporary emergency license issued pursuant to
this section shall be consistent with the form prescribed in
subsection (e)(3), (4) and (5). In addition to the
information provided in those paragraphs, the temporary
emergency license shall be clearly marked "Temporary."
(6) A person who holds a temporary emergency license to
carry a firearm shall have the same rights to carry a firearm
as a person issued a license to carry a firearm under this
section. A licensee under this subsection shall be subject to
all other duties, restrictions and penalties under this
section, including revocation pursuant to subsection (i).
(7) A sheriff who issues a temporary emergency license
to carry a firearm shall retain, for the entire period during
which the temporary emergency license is in effect, the
evidence of imminent danger that the applicant submitted to
the sheriff that was the basis for the license, or a copy of
the evidence, as appropriate.
(8) A person applying for a temporary emergency license
shall complete the application required pursuant to
subsection (c) and shall provide at the time of application
the information required in paragraph (1).
(9) Prior to the expiration of a temporary emergency
license, if the sheriff has determined pursuant to
investigation that the person issued a temporary emergency
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license is not disqualified and if the temporary emergency
license has not been revoked pursuant to subsection (i), the
sheriff shall issue a license pursuant to this section that
is effective for the balance of the five-year period from the
date of the issuance of the temporary emergency license.
Records and all other information, duties and obligations
regarding such licenses shall be applicable as otherwise
provided in this section.
(10) As used in this subsection, the term "evidence of
imminent danger" means:
(i) a written document prepared by the Attorney
General, a district attorney, a chief law enforcement
officer, judicial officer or their designees describing
the facts that give a person reasonable cause to fear a
criminal attack upon the person or the person's minor
child. For the purposes of this subparagraph, the term
"chief law enforcement officer" shall have the same
meaning as provided in 42 Pa.C.S. § 8951 (relating to
definitions) and "judicial officer" shall have the same
meaning as provided in 42 Pa.C.S. § 102 (relating to
definitions).
(ii) a police report.
* * *
Section 2. Chapter 61 of Title 18 is amended by adding a
subchapter to read:
SUBCHAPTER E
FIREARM RESTRAINING ORDER
Sec.
6190.1. Definitions.
6190.2. Jurisdiction.
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6190.3. Commencement of proceedings.
6190.4. Responsibilities of law enforcement agencies.
6190.5. Relief.
6190.6. Hearing.
6190.7. Return of relinquished firearms, other weapons and
ammunition, and additional relief.
6190.8. Relinquishment for consignment sale, lawful transfers
and safekeeping.
6190.9. Disclosure and confidentiality.
6190.10. Service of order.
6190.11. Violation of order.
6190.12. Contempt for violations and arrest.
6190.13. Civil contempt for violation of an order.
6190.14. Procedures and other remedies.
6190.15. Immunity.
6190.16. Inability to pay.
6190.17. Warrantless searches.
6190.18. Construction.
§ 6190.1. 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:
"Family or household member." As defined in 23 Pa.C.S. §
6102 (relating to definitions).
"Firearm." As defined in section 6113(d) (relating to
licensing of dealers).
"Firearm restraining order." An order entered by the court
under this subchapter prohibiting a named person from having in
the person's custody or control, purchasing, possessing or
receiving any firearms, other weapons or ammunition.
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"Hearing officer." As defined in 23 Pa.C.S. § 6102.
"Law enforcement officer." Any officer of the Commonwealth
or a political subdivision who is empowered to conduct
investigations of or to make arrests for offenses enumerated in
this title and any attorney authorized by law to prosecute or
participate in the prosecution of an offense.
"Other weapon." Anything readily capable of lethal use and
possessed under circumstances not manifestly appropriate for
lawful uses which it may have. The term does not include a
firearm.
"Physical safety." Personal or physical harm or bodily
injury or the threat of personal or physical harm or bodily
injury whether by acts of hostility, aggression or harassment.
"Safekeeping permit." A permit issued by a sheriff allowing
a person to take possession of any firearm, other weapon or
ammunition that a judge ordered a subject in a proceeding under
this subchapter.
"Sheriff."
(1) Except as provided in paragraph (2), the sheriff of
a county.
(2) In a city of the first class, the chief or head of
the police department.
"Subject." A person who is the subject of a petition for a
firearm restraining order or the subject of a firearm
restraining order.
"Weapon." Anything readily capable of lethal use and
possessed under circumstances not manifestly appropriate for
lawful uses which it may have. The term includes a firearm which
is not loaded or lacks a magazine, clip or other components to
render it immediately operable and components which can readily
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be assembled into a weapon as defined by section 907 (relating
to possessing instruments of crime).
§ 6190.2. Jurisdiction.
(a) General rule.--The court shall have jurisdiction over
all proceedings under this subchapter and may, at the court's
discretion, develop rules or procedures as necessary to govern
proceedings under this subchapter.
(b) Effect of departure and nonresidence.--The right of the
petitioner to relief under this subchapter shall not be affected
by the absence of the subject from this Commonwealth or the
nonresidence of the subject in this Commonwealth, if the court
has personal jurisdiction over the person in accordance with 42
Pa.C.S. § 5322 (relating to bases of personal jurisdiction over
persons outside this Commonwealth).
§ 6190.3. Commencement of proceedings.
(a) Petition.--
(1) A law enforcement officer, a family or household
member or a person licensed under the act of July 9, 1987
(P.L.220, No.39), known as the Social Workers, Marriage and
Family Therapists and Professional Counselors Act, or a
health care practitioner as defined under section 103 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health
Care Facilities Act, may petition the court for a firearm
restraining order enjoining the subject from having in the
subject's custody or control, purchasing, possessing or
receiving a firearm, other weapon or ammunition.
(2) A petition for a firearm restraining order must
include instructions which, in the court's discretion, must
require the petitioner to describe the number, type and
location of any firearm, other weapon and ammunition known by
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the petitioner to be owned, possessed or controlled by the
subject.
(b) Notification of defendant's occupation.--A law
enforcement officer, family or household member or other person
under subsection (a)(1) shall notify the court if the person has
knowledge or reason to believe that the subject is any of the
following:
(1) a licensed firearms dealer;
(2) employed by a licensed firearms dealer or
manufacturer;
(3) employed as a writer, researcher or technician in
the firearms or hunting industry; or
(4) required to carry a firearm as a condition of
employment.
(c) Certain fees not permitted.--
(1) A person seeking relief under this subchapter shall
not be charged any fees or costs associated with the filing,
issuance, registration or service of a petition, motion,
complaint, order or any other filing required under this
subchapter. Prohibited fees or costs shall include, but are
not limited to, those associated with modifying, withdrawing,
dismissing or certifying copies of a petition, motion,
complaint, order or any other filing, as well as any judicial
surcharge or computer system fee.
(2) A person seeking relief under this subchapter shall
not be charged any fees or costs associated with filing a
motion for reconsideration or an appeal from any order or
action taken under this subchapter.
(3) Nothing in this subsection shall be construed to
expand or diminish the court's authority to enter an order
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under Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of
Documents. Representations to the Court. Violation).
(d) Assessment of fees and costs.--
(1) If a firearm restraining order is granted under this
subchapter, fees and costs may be assessed against the
subject.
(2) The court shall waive fees and costs upon a showing
of good cause or if the court makes a finding that the
subject is not able to pay the fees and costs.
(3) Nothing in this subsection shall be construed to
expand or diminish the court's authority to enter an order
under Pa.R.C.P. No. 1023.1.
(e) Surcharge on order.--
(1) Notwithstanding subsection (d), if a firearm
restraining order is granted under this subchapter, a
surcharge of $100 shall be assessed against the subject.
(2) All money received from surcharges shall be
distributed in the following order of priority:
(i) Fifty percent shall be forwarded to the
Commonwealth and shall be allocated annually, upon
appropriation by the General Assembly, as follows:
(A) Fifty percent to the Pennsylvania State
Police to assist with the maintenance of the
Statewide registry established in accordance with 23
Pa.C.S. § 6105(e) (relating to responsibilities of
law enforcement agencies).
(B) Fifty percent to the Supreme Court for use
by county courts and magisterial district courts to
carry out their duties under this subchapter.
(ii) Fifty percent shall be retained by the county
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and shall be used to carry out the provisions of this
subchapter as follows:
(A) Fifty percent shall be used by the sheriff.
(B) Fifty percent shall be forwarded to the
local law enforcement agency.
(3) The allocation under paragraph (2)(i) shall be used
to supplement and not to supplant any other source of funds
received for the purpose of carrying out the provisions of
this subchapter.
(f) Service.--
(1) The court shall adopt a means of prompt and
effective service. If the court adopts a means of prompt and
effective service, the sheriff or another court-designated
agency or individual shall serve the petition and order. The
petitioner shall not be obligated to serve the petition or
firearm restraining order.
(2) The petition and order shall be served upon the
subject.
(3) Within two business days, the order shall be served
upon the local law enforcement agency, sheriff and district
attorney in the jurisdiction where the order was entered.
(4) A certified copy of the order shall be issued to the
petitioner.
(5) A copy of the order shall be issued as otherwise
ordered by the court or hearing officer.
(6) Failure to serve the local law enforcement agency,
sheriff or district attorney's office shall not stay the
effect of a valid order.
(g) Assistance and advice to petitioner.--The court or
hearing officer shall provide simplified forms and clerical
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assistance in English and Spanish to help with the writing and
filing of petitions for firearm restraining orders for any
individual requesting the assistance or not represented by
counsel.
§ 6190.4. Responsibilities of law enforcement agencies.
(a) Education and training.--
(1) The Pennsylvania State Police, local law enforcement
agencies and the sheriff of each county shall ensure that the
entities' troopers, officers, deputies and other designated
employees are familiar with the provisions of this
subchapter.
(2) Instruction concerning firearm restraining orders
shall be made a part of the training curriculum for all
trainee troopers, officers and deputies or other designated
employees of the Pennsylvania State Police, local law
enforcement agencies and the sheriff.
(3) The Pennsylvania State Police and all other law
enforcement agencies within this Commonwealth shall adopt a
written policy to govern firearm restraining orders.
(b) Notice of arrest.--The applicable law enforcement agency
shall make a reasonable effort to notify a family or household
member or other person under section 6190.3(a)(1) (relating to
commencement of proceedings) of the arrest of the subject for
violation of an order as soon as possible, except that, if a
family or household member or other person cannot be located at
the time of arrest, notice of the arrest shall be provided not
more than 24 hours after preliminary arraignment.
(c) Statewide registry.--
(1) Notwithstanding any other provision of law or
regulation, the Pennsylvania State Police shall enter each
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valid temporary and final firearm restraining order granted
under this subchapter into the Statewide registry established
under 23 Pa.C.S. § 6105(e) (relating to responsibilities of
law enforcement agencies). The registry of firearm
restraining orders maintained in the Statewide registry shall
include, but may not be limited to, the following:
(i) The names of the petitioner and family and
household members of the subject, if known.
(ii) The name and address of the subject.
(iii) The familial and professional relationship
between the petitioners and the subject, if known.
(iv) The date the order was entered.
(v) The date the order expires.
(vi) The relief granted under this subchapter.
(vii) The judicial district in which the order was
entered.
(viii) The Social Security number and date of birth
of the subject.
(ix) A listing of all firearms, other weapons or
ammunition ordered to be relinquished.
(2) (i) The prothonotary shall send, on a form
prescribed by the Pennsylvania State Police, a copy of
the firearm restraining order to the Statewide registry
so that the copy is received within 24 hours of the entry
of the order.
(ii) Amendments to or the revocation, vacation or
expiration of an order shall be transmitted by the
prothonotary within 24 hours of the entry of the order
for modification or revocation, vacation or expiration.
(iii) The Pennsylvania State Police shall enter
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orders, amendments, revocations, vacations and
expirations in the Statewide registry of firearm
restraining orders within eight hours of receipt.
(iv) Each revoked, vacated or expired order shall be
purged from the registry within eight hours of receipt.
(3) The Statewide registry shall be available at all
times to inform courts, police dispatchers and law
enforcement officers of any valid firearm restraining order
involving any individual subject to an order.
(4) If an order granting relief under section 6190.5(b)
(3) (relating to relief) has been entered by the court, the
information shall be available to the Pennsylvania State
Police for the purpose of conducting a criminal history
records check, juvenile records check and mental health
records check following the procedures under section 6111
(relating to sale or transfer of firearms).
(5) Information contained in the Statewide registry
shall not be subject to access under the act of February 14,
2008 (P.L.6, No.3), known as the Right-to-Know Law.
(d) Information concerning firearm restraining orders.--Each
local law enforcement agency shall transmit to the Pennsylvania
State Police, in a manner prescribed by the Pennsylvania State
Police, the information specified under subsection (c)(1).
(e) Annual report.--
(1) The Pennsylvania State Police shall annually compile
and publish in the Pennsylvania Bulletin a Statewide report
which includes aggregate, county-based statistical profiles
of firearm restraining orders granted under this subchapter.
(2) The Pennsylvania State Police shall incorporate the
report under paragraph (1) into the annual report compiled in
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accordance with 23 Pa.C.S. § 6105(g).
§ 6190.5. Relief.
(a) Issuance of order.--Notwithstanding any other provision
of law, the court:
(1) May issue a firearm restraining order enjoining the
subject of a petition from having in the subject's custody or
control, purchasing, possessing or receiving a firearm, other
weapon or ammunition if the court determines that there is
good cause to believe that the subject poses an immediate and
present danger to the physical safety of a family or
household member or other person by having in the subject's
custody or control, purchasing, possessing or receiving a
firearm, other weapon or ammunition.
(2) Shall issue a firearm restraining order enjoining
the subject of a protection order under 23 Pa.C.S. (relating
to domestic relations) from having in the subject's custody
or control, purchasing, possessing or receiving a firearm,
other weapon or ammunition.
(b) Regulations and prohibitions.--A firearm restraining
order issued by the court under subsection (a) may:
(1) Prohibit the subject from having in the subject's
custody or control, purchasing, possessing or receiving or
attempting to purchase, possess or receive a firearm, other
weapon or ammunition for the duration of the order.
(2) Require the subject to relinquish to the sheriff any
firearm license in accordance with section 6106 (relating to
firearms not to be carried without a license) or 6109
(relating to licenses) the defendant may possess.
(3) Order the subject to temporarily relinquish to the
sheriff any firearm or other weapons and ammunition which the
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subject may own, possess or have in the subject's custody or
control. If relinquishment is ordered, the following shall
apply:
(i) (A) The court's order shall require the subject
to relinquish the firearms, other weapons, ammunition
and any firearm license under the provisions of this
section within 24 hours of service of a temporary
order or the entry of a final order or the close of
the next business day as necessary by closure of the
sheriffs' offices, except for cause shown at the
hearing, in which case the court shall specify the
time for relinquishment of the subject's firearms,
other weapons and ammunition or firearm license.
(B) A subject who is required to relinquish
firearms, other weapons and ammunition shall, in lieu
of relinquishing specific firearms, other weapons or
ammunition which cannot reasonably be retrieved
within the time for relinquishment in clause (A) due
to their current location, provide the sheriff with
an affidavit listing the firearms, other weapons or
ammunition and their current location. If the
subject, within the time for relinquishment in clause
(A), fails to provide the affidavit or fails to
relinquish, under this section, any firearms, other
weapon or ammunition ordered to be relinquished which
is not specified in the affidavit, the sheriff shall,
at a minimum, provide immediate notice to the court,
the petitioner and appropriate law enforcement
agencies. The subject shall not have in the subject's
custody or control or possession any firearm, other
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weapon or ammunition specifically listed in the
affidavit provided to the sheriff under this clause
for the duration of the temporary order.
(C) As used in this subparagraph, the term
"cause" shall be limited to facts relating to the
inability of the subject to retrieve a specific
firearm within 24 hours due to the current location
of the firearm.
(ii) The court's order shall contain a list of the
firearm, other weapon or ammunition ordered to be
relinquished. Upon the entry of a final order, the
subject shall inform the court in what manner the subject
will relinquish any firearm, other weapon or ammunition
ordered to be relinquished. Relinquishment may occur
under section 6190.8 (relating to relinquishment for
consignment sale, lawful transfers and safekeeping) or to
the sheriff under this paragraph. If the sheriff is
designated, the sheriff shall secure custody of the
firearms, other weapons or ammunition and any firearm
license listed in the court's order for the duration of
the order or until otherwise directed by court order. In
securing custody of the subject's relinquished firearms,
the sheriff shall comply with section 6105(f)(4)
(relating to persons not to possess, use, manufacture,
control, sell or transfer firearms). In securing custody
of the subject's other weapons and ammunition, the
sheriff shall provide the subject with a signed and dated
written receipt which shall include a detailed
description of the other weapons and ammunition and their
condition.
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(iii) The sheriff shall provide the petitioner with
the name of the person to which any firearm, other weapon
or ammunition was relinquished.
(iv) If the subject has not complied with
subparagraph (i)(B) or section 6190.8 and 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 sheriffs' offices or
within the time ordered by the court upon cause shown at
the hearing, the sheriff shall, at a minimum, provide
immediate notice to the court, the petitioner and
appropriate law enforcement agencies.
(v) Any portion of any order or any petition or
other paper that includes a list of any firearm, other
weapon or ammunition ordered to be relinquished shall be
kept in the files of the court as a permanent record and
withheld from public inspection except:
(A) upon an order of the court granted upon
cause shown;
(B) as necessary, by law enforcement and court
personnel; or
(C) after redaction of information listing any
firearm, other weapon or ammunition.
(vi) As used in this paragraph, the term "subject's
firearms" shall, if the subject is a licensed firearms
dealer, only include firearms in the subject's personal
firearms collection under 27 CFR § 478.125a (relating to
personal firearms collection).
(4) If the subject is a licensed firearms dealer, order
the subject to follow restrictions as the court may require
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concerning the conduct of the subject's business, which may
include ordering the subject to relinquish any Federal or
State license for the sale, manufacture or importation of
firearms as well as firearms in the subject's business
inventory. In restricting the subject under this paragraph,
the court shall make a reasonable effort to preserve the
financial assets of the subject's business while fulfilling
the goals of this subchapter.
(c) Identifying information.--Any order issued under this
section shall specify the Social Security number and date of
birth of the subject.
(d) Duration and amendment of order.--
(1) A firearm restraining order shall be for a fixed
period of time not to exceed one year.
(2) The court may amend its order at any time upon
subsequent petition filed by a petitioner, family or
household member or other person under section 6190.3
(relating to commencement of proceedings).
(e) Extension of firearm restraining order.--
(1) An extension of a firearm restraining order may be
granted:
(i) Where the court finds, after a filed petition,
notice to the subject and a hearing in accordance with
the procedures specified in sections 6190.5 (relating to
relief) and 6190.6 (relating to hearing) that the subject
is alleged to have committed one or more of the offenses
enumerated in section 6105(b) or has engaged in a pattern
of conduct which indicates a continued risk of danger to
the physical safety of the petitioner, family or
household member or other person or the subject
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subsequent to the entry of the final order.
(ii) If a contempt petition or charge has been filed
with the court or with a hearing officer in Philadelphia
County and the hearing has not occurred before the
expiration of the order, the order shall be extended, at
a minimum, until the disposition of the contempt petition
and may be extended for another term beyond the
disposition of the contempt petition.
(2) Service of an extended order shall be made in
accordance with section 6190.10 (relating to service of
order).
(3) There shall be no limitation on the number of
extensions that may be granted.
(f) Notice.--Notice shall be given to the subject, in orders
issued under this section and temporary orders issued under
section 6190.6, stating that violations of a firearm restraining
order will subject the subject of the firearm restraining order
to arrest under section 6105 or 6190.11 (relating to violation
of order) or contempt of court under section 6190.12 (relating
to contempt for violation and arrest).
(g) Transmission of order.--A copy of the court's order
shall be transmitted to the Pennsylvania State Police, the chief
or head of the local law enforcement agency of the municipality
in which the subject is a resident and in which the order was
issued, the district attorney and the sheriff of the county in
which the subject is a resident and in which the order was
issued.
(h) False reports.--A person who knowingly gives false
information to any law enforcement officer with the intent to
implicate another under this chapter commits an offense under
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section 4906 (relating to false reports to law enforcement
authorities).
§ 6190.6. Hearing.
(a) Schedule of hearing.--Within 10 business days of the
filing of a petition under this subchapter, a hearing shall be
held before the court at which the petitioner must prove the
allegation, by a preponderance of the evidence, that the subject
of the petition poses an immediate and present danger to the
physical safety of the petitioner, family or household member,
other person or the subject. The court shall, at the time the
subject of the petition is given notice of the hearing, advise
the subject of the following:
(1) The right to be represented by counsel.
(2) The possibility that any firearm, other weapon or
ammunition owned and any firearm license possessed by the
subject may be ordered to be temporarily relinquished.
(3) The options for relinquishment of a firearm under
this subchapter.
(4) The possibility that Federal law may prohibit the
possession of firearms.
(5) The penalty for violation of the firearm restraining
order.
(6) Any firearm restraining order granted by a court may
be considered in any subsequent proceedings under this title.
The notice shall be printed and delivered in a manner which
easily attracts attention to its content.
(b) Review prior to hearing.--Prior to a hearing on the
issuance, extension or vacation of a firearm restraining order,
the court shall conduct a review to determine whether the
subject of the petition has been convicted of or has pled guilty
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or nolo contendere to any of the enumerated offenses under
section 6105(b) (relating to persons not to possess, use,
manufacture, control, sell or transfer firearms).
(c) Temporary orders.--The following shall apply:
(1) If a law enforcement officer, family or household
member or other person under section 6190.3 (relating to
commencement of proceedings) petitions the court for a
temporary firearm restraining order alleging an immediate and
present danger to the physical safety of a family or
household member, another person or the subject of the
petition, the court shall conduct an ex parte proceeding.
(2) The court may enter a temporary order as the court
deems necessary to protect the petitioner, a family or
household member, other person or the subject, if the
petition demonstrates that the subject poses an immediate and
present danger to the physical safety of the petitioner,
family or household member, other person or the subject. The
order shall remain in effect until modified or terminated by
the court after notice and hearing.
(3) In addition to any other relief, the court may,
under section 6190.5 (relating to relief), direct the subject
to temporarily relinquish to the sheriff any firearms, other
weapons or ammunition for the duration of the temporary order
if the petition demonstrates any of the following:
(i) Conduct which involves a firearm or other
weapon.
(ii) An immediate and present danger to physical
safety. In determining whether an immediate and present
danger to physical safety exists, the court shall
consider the following factors, including, but not
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limited to:
(A) Whether the temporary firearm restraining
order is not likely to achieve the order's purpose in
the absence of such a condition.
(B) Whether the subject has previously violated
a protection from abuse order under 23 Pa.C.S. Ch. 61
(relating to protection from abuse).
(C) Whether past or present conduct or abuse of
a family or household member, another person or the
subject resulted in bodily injury.
(D) Whether the conduct or abuse occurred in
public.
(E) Whether the conduct or abuse includes:
(I) threats to physical safety or of abuse
or suicide;
(II) killing or threatening to kill pets or
other animals;
(III) an escalation of violence;
(IV) stalking, harassment or obsessive
behavior;
(V) sexual violence; or
(VI) a controlled substance, as defined
under the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device
and Cosmetic Act, or excessive alcohol use.
(F) Whether the subject has been adjudicated as
incompetent or has been involuntarily committed to a
mental institution for inpatient care and treatment
under section 302, 303 or 304 of the act of July 9,
1976 (P.L.817, No.143), known as the Mental Health
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Procedures Act. This paragraph shall not apply to any
proceeding under section 302 of the Mental Health
Procedures Act unless the examining physician has
issued a certification that inpatient care was
necessary or that the subject was committable.
(G) Whether the subject has been convicted of an
offense enumerated in section 6105(b).
(H) Whether the subject has been convicted of an
offense under The Controlled Substance, Drug, Device
and Cosmetic Act or any equivalent Federal statute or
equivalent statute of any other state that may be
punishable by a term of imprisonment of not more than
two years.
(I) Whether the subject of the petition has been
convicted of driving under the influence of alcohol
or controlled substance as provided in 75 Pa.C.S. §
3802 (relating to driving under influence of alcohol
or controlled substance) on three or more separate
occasions within a five-year period.
(4) If the court orders the subject to temporarily
relinquish any firearm, other weapon or ammunition under
paragraph (3), the subject shall decide in what manner the
subject will relinquish the firearm, other weapon or
ammunition listed in the order. Relinquishment may be to the
sheriff under section 6190.5(b)(3).
(d) Continued hearings.--If a hearing under subsection (a)
is continued and no temporary order is issued, the court may
make ex parte temporary orders under subsection (c) as it deems
necessary.
§ 6190.7. Return of relinquished firearms, other weapons and
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ammunition, and additional relief.
(a) When permitted.--
(1) A court order requiring the relinquishment of
firearms, other weapons or ammunition shall provide for the
return of the relinquished firearms, other weapons or
ammunition to the subject upon revocation, vacation or
expiration of the order or dismissal of a petition for a
firearm restraining order.
(2) The subject may take custody of the relinquished
firearms, other weapons or ammunition provided that the
subject is otherwise eligible to lawfully possess the
relinquished firearms, other weapons or ammunition.
(3) The subject shall not be required to pay any fees,
costs or charges associated with the returns, whether the
fees, costs or charges are imposed by the Pennsylvania State
Police, any local law enforcement agency or any other entity,
including a licensed importer, licensed manufacturer or
licensed dealer, in order to secure return of the
relinquished firearms, other weapons or ammunition.
(b) Hearing.--Within 10 business days of the filing of a
petition under this section, a hearing shall be held before the
court.
§ 6190.8. Relinquishment for consignment sale, lawful transfers
and safekeeping.
(a) General rule.--Notwithstanding any other provision of
law, if a firearm restraining order provides for the
relinquishment of firearms, other weapons or ammunition during
the period of time the order is in effect, the subject may,
within the time frame specified in the order and in lieu of
relinquishment to the sheriff, relinquish to a dealer licensed
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under section 6113 (relating to licensing of dealers) any
firearms, other weapons or ammunition for consignment sale,
lawful transfers and safekeeping.
(b) Affidavit.--The subject relinquishing firearms, other
weapons or ammunition to a licensed dealer under subsection (a)
shall obtain an affidavit from the dealer on a form prescribed
by the Pennsylvania State Police which shall include, at a
minimum, the following:
(1) The caption of the case in which the firearm
restraining order was issued.
(2) The name, address, date of birth and Social Security
number of the subject.
(3) A list of the firearms, other weapons or ammunition,
including, if applicable, the manufacturer, model and serial
number.
(4) The name, license number and address of the licensed
premises of the dealer licensed under section 6113 receiving
the relinquished firearm, other weapon or ammunition.
(5) An acknowledgment that the firearms, other weapons
or ammunition will not be returned to the subject or sold or
transferred to an individual the dealer knows is a family or
household member of the subject while the firearm restraining
order is active under this subchapter or a protection from
abuse order is active under 23 Pa.C.S. Ch. 61 (relating to
protection from abuse) which order or orders provide for the
relinquishment of the firearm, other weapon or ammunition
being returned, sold or transferred.
(6) An acknowledgment that the firearms, other weapons
or ammunition, if sold or transferred, will be sold or
lawfully transferred in compliance with this chapter.
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(c) Failure to provide affidavit.--
(1) The subject relinquishing firearms, other weapons or
ammunition to a dealer under subsection (a) shall, within the
time frame specified in the order for relinquishing firearms,
other weapons or ammunition, provide to the sheriff the
affidavit obtained under subsection (b) and relinquish to the
sheriff any firearms, other weapons or ammunition ordered to
be relinquished which are not specified in the affidavit, in
an affidavit provided in accordance with section 6190.5(b)(3)
(i)(B) (relating to relief).
(2) If the subject fails to comply with paragraph (1),
the sheriff shall, at a minimum, provide immediate notice to
the court, the petitioner and appropriate law enforcement
agencies.
(d) Form.--The Pennsylvania State Police shall develop and
make available to licensed dealers a form to be used by dealers
to accept possession of firearms, other weapons or ammunition
for consignment sale, lawful transfer or safekeeping under this
section.
(e) Transfer upon entry of final order.--
(1) Upon entry of a final firearm restraining order
issued under section 6190.5, which provides for the
relinquishment of firearms, other weapons or ammunition
during the period of time the order is in effect, the subject
who relinquished firearms, other weapons or ammunition to the
sheriff under a temporary order may request that the
firearms, other weapons or ammunition be relinquished to a
dealer for consignment sale, lawful transfer or safekeeping
under this section.
(2) If the subject identifies a licensed dealer willing
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to accept the firearms, other weapons or ammunition in
compliance with this section, the court shall order the
sheriff to transport the firearms, other weapons or
ammunition to the licensed dealer at no cost to the subject
or the licensed dealer.
(f) Nondisclosure.--The affidavit obtained under subsection
(b) shall not be subject to access under the act of February 14,
2008 (P.L.6, No.3), known as the Right-to-Know Law.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Safekeeping." The secure custody of firearms, other weapons
or ammunition ordered to be relinquished by an active firearm
restraining order.
"Sale or lawful transfer." A sale or transfer to a person
other than the subject or a family or household member of the
subject which is conducted in accordance with this chapter.
§ 6190.9. Disclosure and confidentiality.
(a) Certain disclosures prohibited.--
(1) During the course of a proceeding under this
subchapter, the court or hearing officer may consider whether
the petitioner or petitioner's family or household members or
other person would be endangered by disclosure of the
permanent or temporary address of the petitioner or
petitioner's family or household member or other person. If
the court determines that disclosure of the petitioner's
address may pose a threat to the physical safety of the
petitioner, a family or household member of the petitioner or
other person, the court or hearing officer shall not require
disclosure of the petitioner's, family or household member's
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or other person's address in either the pleadings or during
proceedings or hearings under this subchapter.
(2) If the court concludes that the subject continues to
pose a threat to the physical safety of the petitioner, a
family or household member of the petitioner or another
person and where the petitioner, family or household member
or other person requests that his or her address, telephone
number and information about his or her demographic
information not be disclosed, the court shall enter an order
directing that law enforcement agencies and any other person
or entity, as the court so determines, shall not disclose the
presence of the petitioner, family or household member or
other person in any jurisdiction or furnish any address,
telephone number or any other demographic information about
the petitioner, family or household member or other person,
except by further order of the court.
(b) Confidentiality.--Information retained to ensure
compliance with this subchapter shall not be subject to access
under the act of February 14, 2008 (P.L.6, No.3), known as the
Right-to-Know Law.
§ 6190.10. Service of order.
(a) Issuance.--A copy of an order under this subchapter
shall be issued to the petitioner, the subject and the local law
enforcement agencies with appropriate jurisdiction to enforce
the order in accordance with the provisions of this subchapter
or as ordered by the court or hearing officer.
(b) Placement in registry.--
(1) Upon receipt of an order, the local law enforcement
agency shall immediately advise the Pennsylvania State Police
of entry of the order and collaborate with the Pennsylvania
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State Police to ensure that the order is timely entered into
the registry established in accordance with 23 Pa.C.S. § 6105
(relating to responsibilities of law enforcement agencies).
(2) The local law enforcement agency with jurisdiction
shall continue to collaborate with the Pennsylvania State
Police to ensure that the registry is current at all times
and that orders are removed upon vacation or expiration.
§ 6190.11. Violation of order.
(a) Arrest and verification.--
(1) An arrest for violation of an order issued under
this subchapter may be without warrant upon probable cause
whether or not the violation is committed in the presence of
the law enforcement officer or sheriff in circumstances where
the subject has violated a provision of an order consistent
with section 6190.5 (relating to relief).
(2) The law enforcement officer or sheriff may verify
the existence of a firearm restraining order by telephone,
radio or other electronic communication with the appropriate
law enforcement agency, the Pennsylvania State Police
registry or the issuing authority.
(3) A law enforcement officer or sheriff shall arrest a
subject for violating an order issued under this subchapter.
(b) Seizure of firearms, other weapons and ammunition.--
(1) Subsequent to an arrest, the law enforcement officer
or sheriff shall seize all firearms, other weapons and
ammunition used or threatened to be used during a violation
of a firearm restraining order or during prior incidents that
posed an immediate and present danger to the physical safety
of the petitioner, a family or household member or other
person and any other firearms, other weapons or ammunition in
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