PRIOR PRINTER'S NO. 301
PRINTER'S NO. 1090
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
338
Session of
2023
INTRODUCED BY SANCHEZ, KENYATTA, MADDEN, SCHLOSSBERG, DELLOSO,
HANBIDGE, BENHAM, BOYLE, RABB, HOWARD, D. WILLIAMS, CIRESI,
CERRATO, VITALI, McNEILL, KINSEY, FIEDLER, HOHENSTEIN,
KRAJEWSKI, SAMUELSON, BURGOS, PARKER, FLEMING, DEASY, STURLA,
FREEMAN, KINKEAD, OTTEN, FRANKEL, SHUSTERMAN, SAPPEY, VENKAT,
BOROWSKI, CEPEDA-FREYTIZ, ISAACSON, N. NELSON, KIM, MALAGARI,
SALISBURY, KHAN, PIELLI, GALLOWAY, MADSEN, FRIEL, WAXMAN,
PASHINSKI, O'MARA AND KRUEGER, MARCH 13, 2023
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 1, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, providing for report of theft or loss of firearm;
and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 6115.1. Report of theft or loss of firearm.
(a) Duty to report.--An owner or other person lawfully in
possession of a firearm who suffers the loss or theft of a
firearm shall, within 72 hours of the discovery of the loss or
theft, report the facts and circumstances of the loss or theft
to the municipal police of the jurisdiction in which the loss or
theft is believed to have occurred or the Pennsylvania State
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Police. The person making the report shall provide all known
information about the firearm, including the following:
(1) Name and address of the owner.
(2) All known facts and circumstances pertaining to the
loss or theft.
(3) Name of the manufacturer and importer.
(4) Model.
(5) Type of action.
(6) Caliber or gauge.
(7) Serial number.
(8) Any other information deemed necessary by the
officer or police department receiving the report.
(b) Sharing of information.--A law enforcement agency that
receives a report under this section shall, within 24 hours of
receiving the report, forward notice of the loss or theft as
well as all information obtained under subsection (a) to the
Pennsylvania State Police.
(c) Pennsylvania State Police.--The Pennsylvania State
Police shall receive, collect and file the information under
subsection (a). The Pennsylvania State Police shall cooperate
and undertake to furnish or make the information available to
all law enforcement agencies in this Commonwealth for the
purpose of coordinating law enforcement efforts to locate the
firearm.
(B) SHARING OF INFORMATION.-- INFORMATION PROVIDED TO A LAW
ENFORCEMENT AGENCY UNDER SUBSECTION (A) SHALL BE ENTERED INTO
THE COMMONWEALTH LAW ENFORCEMENT ASSISTANCE NETWORK AND NATIONAL
CRIME INFORMATION CENTER DATABASE BY THE RECEIVING LAW
ENFORCEMENT AGENCY WITHIN 24 HOURS OF RECEIVING THE REPORT OF A
LOST OR STOLEN FIREARM.
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(d) (C) Return of firearm.--A lost or stolen firearm
recovered by the Pennsylvania State Police or a local law
enforcement agency shall be returned to the lawful owner,
subject to the provisions of section 6111.1(b)(4) (relating to
Pennsylvania State Police).
(e) (D) Penalty.--Notwithstanding any other provision of
law, a person who violates subsection (a) commits:
(1) A summary offense for the first offense, punishable
by a fine of not more than $500.
(2) A misdemeanor of the second degree for a second
offense.
(3) A misdemeanor of the first degree for a third or
subsequent offense.
Section 2. This act shall take effect in 60 days.
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