Regular Session 2023-2024 House Bill 0355 P.N. 0318

PRINTER'S NO. 318

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

355

Session of

2023

INTRODUCED BY ISAACSON, STURLA, CIRESI, GIRAL, KINKEAD,

KRAJEWSKI, MADDEN, PARKER AND SANCHEZ, MARCH 13, 2023

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 13, 2023

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in firearms and other dangerous

articles, further providing for sale or transfer of firearms,

for duties of the Pennsylvania State Police and for altering

or obliterating marks of identification and providing for

destruction of confiscated or recovered firearms.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 6111(c) and 6111.1(b)(4) of Title 18 of

the Pennsylvania Consolidated Statutes are amended to read:

§ 6111. Sale or transfer of firearms.

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importer, manufacturer or dealer and who desires to sell or

transfer a firearm to another unlicensed person shall do so only

upon the place of business of a licensed importer, manufacturer,

dealer or county sheriff's office, the latter of whom shall

follow the procedure set forth in this section as if he were the

seller of the firearm. The provisions of this section shall not

apply to transfers between spouses or to transfers between a

parent and child or to transfers between grandparent and

grandchild. Nothing in this subsection may be construed to

authorize the Pennsylvania State Police or any local law

enforcement agency to sell or transfer any confiscated firearm

in the possession of the Pennsylvania State Police or local law

enforcement agency.

* * *

§ 6111.1. Pennsylvania State Police.

* * *

(b) Duty of Pennsylvania State Police.--

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(4) The Pennsylvania State Police and any local law

enforcement agency shall make all reasonable efforts to

determine the lawful owner of any firearm confiscated or

recovered by the Pennsylvania State Police or any local law

enforcement agency and return said firearm to its lawful

owner if the owner is not otherwise prohibited from

possessing the firearm. If the reasonable efforts of the

Pennsylvania State Police or local law enforcement agency

fail to identify the lawful owner of the confiscated or

recovered firearm within 120 days after the Pennsylvania

State Police or local law enforcement agency comes into

possession of the firearm, or if the lawful owner of the

firearm is identified but otherwise prohibited from

possessing the firearm, the Pennsylvania State Police or

local law enforcement agency shall destroy the firearm under

section 6117.1 (relating to destruction of confiscated or

recovered firearms). When a court of law has determined that

the Pennsylvania State Police or any local law enforcement

agency have failed to exercise the duty under this

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subsection, reasonable attorney fees shall be awarded to any

lawful owner of said firearm who has sought judicial

enforcement of this subsection.

* * *

Section 2. Section 6117 of Title 18 is amended by adding a

subsection to read:

§ 6117. Altering or obliterating marks of identification.

* * *

(e) Nonapplicability.--This section shall not apply to a

firearm destroyed under section 6117.1 (relating to destruction

of confiscated or recovered firearms).

Section 3. Title 18 is amended by adding a section to read:

§ 6117.1. Destruction of confiscated or recovered firearms.

(a) General rule.--Notwithstanding any other provision of

law to the contrary, the Pennsylvania State Police and any local

law enforcement agency shall destroy all confiscated or

recovered firearms in the possession of the Pennsylvania State

Police or local law enforcement agency if the reasonable efforts

of the Pennsylvania State Police or local law enforcement agency

required under section 6111.1(b)(4) (relating to Pennsylvania

State Police) fail to identify the lawful owner of the firearm

or if the lawful owner of the firearm is identified but

otherwise prohibited from possessing the firearm.

(b) Exception.--No confiscated or recovered firearm may be

destroyed under this section if the firearm is evidence in an

ongoing investigation or in a criminal prosecution or civil

litigation. Confiscated or recovered firearms under this section

may only be destroyed when the investigation is complete or a

court of competent jurisdiction issues an order authorizing the

destruction of the firearm.

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firearms subject to destruction under this section shall be

melted at smelting plants located within this Commonwealth.

(d) Procedure prior to destruction.--The following shall

apply to confiscated or recovered firearms subject to

destruction under this section:

(1) The Pennsylvania State Police or local law

enforcement agency shall place all firearms in sealed

containers and in a secure environment with access limited to

individuals directly responsible for maintaining the official

registry under paragraph (2).

(2) The Pennsylvania State Police or local law

enforcement agency shall establish a registry for purposes of

cataloging all confiscated or recovered firearms in the

possession of the Pennsylvania State Police or local law

enforcement agency. The Pennsylvania State Police and each

local law enforcement agency shall designate one or more

individuals who shall be responsible for maintaining the

registry.

(3) A firearm shall be individually cataloged in the

official registry required under paragraph (2). The registry

shall contain the following information relating to the

firearm:

(i) The serial number of the firearm.

(ii) The make and model of the firearm.

(iii) The date the firearm came into the possession

of the Pennsylvania State Police or local law enforcement

agency.

(iv) The earliest date on which the firearm can be

destroyed under this section.

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(v) The date the lawful owner of the confiscated

firearm was identified and the date the firearm was

returned to the lawful owner, if applicable.

(vi) The date the firearm was destroyed.

(4) Firearms subject to destruction under this section

shall be transported in sealed containers.

(e) Time period for destruction.--Except as otherwise

provided in this section, firearms subject to destruction under

this section shall be destroyed as promptly as possible but no

less than quarterly. The Pennsylvania State Police or local law

enforcement agency may maintain confiscated or recovered

firearms in the possession of the Pennsylvania State Police or

local law enforcement agency until accumulating a sufficient

number of firearms to defray the costs associated with this

section, provided that each firearm subject to destruction under

this section shall be destroyed no later than 180 days after the

firearm comes into the possession of the Pennsylvania State

Police or local law enforcement agency.

Section 4. This act shall take effect in 60 days.

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