Regular Session 2023-2024 House Bill 1018 P.N. 0960

PRINTER'S NO. 960

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1018

Session of

2023

INTRODUCED BY O'MARA, FRANKEL, GUENST, SAPPEY, PIELLI, KINKEAD,

KINSEY, SIEGEL, HANBIDGE, SCHLOSSBERG, MADDEN, SAMUELSON,

SANCHEZ, SHUSTERMAN, KHAN, HOWARD, CIRESI, KRAJEWSKI, CEPEDA-

FREYTIZ, BOROWSKI, PROBST, BRENNAN, VENKAT, RABB, FIEDLER,

FREEMAN, MARKOSEK, SOLOMON, HILL-EVANS, DEASY, WAXMAN,

VITALI, GALLOWAY, STURLA, ZABEL, ISAACSON, D. WILLIAMS,

McNEILL, DELLOSO, BOYLE, WARREN, OTTEN, N. NELSON, CONKLIN,

KIM, CERRATO, MALAGARI, DALEY, FLEMING, MADSEN AND KRUEGER,

APRIL 21, 2023

REFERRED TO COMMITTEE ON JUDICIARY, APRIL 21, 2023

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 persons not to possess, use, manufacture,

control, sell or transfer firearms and for abandonment of

firearms, weapons or ammunition; in community and municipal

courts, further providing for masters; adding provisions

relating to extreme risk protection orders; imposing duties

on the Office of Attorney General; and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 6105(a)(2), (a.1), (c)(10) and (f)(4)(i)

of Title 18 of the Pennsylvania Consolidated Statutes are

amended and subsection (c) is amended by adding a paragraph to

read:

§ 6105. Persons not to possess, use, manufacture, control, sell

or transfer firearms.

(a) Offense defined.--

* * *

(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 (10).

(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

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of any other state, who violates subsection (a) commits a

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), 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 under 18 U.S.C. § 922(g)(8)

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(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).

(2.1) A person who is the subject of an extreme risk

protection order issued under 42 Pa.C.S. Ch. 64A (relating to

extreme risk protection orders) commits a misdemeanor of the

second degree if he intentionally or knowingly fails to

relinquish a firearm or firearms license as required by the

order.

(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), which order provided

for the relinquishment of the firearm, other weapon or

ammunition during the period of time the order is in

effect[.], or intentionally or knowingly accepts

possession of a firearm or firearms license from a person

he knows is the subject of an extreme risk protection

order issued under 42 Pa.C.S. Ch. 64A.

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(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

(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 23

Pa.C.S. § 6108.2 or 42 Pa.C.S. Ch. 64A.

(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

who possesses a firearm or firearms license under 42 Pa.C.S.

Ch. 64A commits a misdemeanor of the [first] second degree if

he intentionally or knowingly returns a firearm, other weapon

or ammunition to a defendant or respondent or intentionally

or knowingly allows a defendant or respondent to have access

to the firearm, other weapon or ammunition prior to [either]

any of the following:

(i) The sheriff accepts return of the safekeeping

permit issued to the party pursuant to 23 Pa.C.S. §

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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) which modifies a valid

protection from abuse order issued pursuant to 23 Pa.C.S.

§ 6108, 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.

(iii) The expiration of an extreme risk protection

order or the issuance of a court order that terminates an

extreme risk protection order under 42 Pa.C.S. Ch. 64A.

* * *

convicted of any offense listed under subsection (b), the

following persons shall be subject to the prohibition of

subsection (a):

* * *

(10) A person who has been convicted of an offense under

subsection [(a.1)(2)] (a.1)(2.1) or (5). The prohibition

shall terminate five years after the date of conviction,

final release from confinement or final release from

supervision, whichever is later.

(11) A person who is the subject of an active extreme

risk protection order issued under 42 Pa.C.S. Ch. 64A.

* * *

(f) Other exemptions and proceedings.--

* * *

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(4) (i) The owner of any seized or confiscated firearms

or of any firearms ordered relinquished under 23 Pa.C.S.

§ 6108 or 42 Pa.C.S. Ch. 64A 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.

* * *

Section 2. Section 6128(a) of Title 18 is amended to read:

§ 6128. Abandonment of firearms, weapons or ammunition.

(a) General rule.--Firearms, weapons or ammunition which are

itemized on a list required under 23 Pa.C.S. § 6108(a)(7)(v)

(relating to relief) or the possession or acquisition of which

is prohibited under 42 Pa.C.S. Ch. 64A (relating to extreme risk

protection orders) or 18 U.S.C. § 922(g)(9) (relating to

unlawful acts) and relinquished into or otherwise coming into

the custody of a police department, Pennsylvania State Police,

coroner, medical examiner, district attorney, sheriff or

licensed dealer shall be deemed abandoned when:

(1) Relinquished by its lawful owner pursuant to court

order or executed warrant, and no written request to return

or otherwise dispose of the firearms, weapons or ammunition

is made by the lawful owner or the lawful owner's attorney or

duly appointed representative after a period of one year from

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the date an order of relinquishment or seizure has expired.

(2) Found, discovered or otherwise passed into the

custody of the police department, Pennsylvania State Police,

coroner, medical examiner, district attorney, sheriff or

licensed dealer and no owner can be determined after a

documented search of the database of firearms sales

maintained by the Pennsylvania State Police is made at the

time the firearms come into the custody of the police

department, coroner, medical examiner, district attorney,

sheriff or licensed dealer and is again made one year from

the date of the first documented search.

* * *

Section 3. Section 1126 of Title 42 is amended to read:

§ 1126. Masters.

The President Judge of the Philadelphia Municipal Court may

appoint attorneys who are members of the Pennsylvania Bar to

serve as masters in proceedings under Chapter 64A (relating to

extreme risk protection orders) or 23 Pa.C.S. Ch. 61 (relating

to protection from abuse).

Section 4. Title 42 is amended by adding a chapter to read:

CHAPTER 64A

EXTREME RISK PROTECTION ORDERS

Sec.

64A01. Scope of chapter.

64A02. Definitions.

64A03. Preliminary matters.

64A04. Petition for extreme risk protection order.

64A05. Interim extreme risk protection order.

64A06. Hearing on petition.

64A07. Notice to law enforcement.

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64A08. Service.

64A09. Order after hearing.

64A10. Termination hearing.

64A11. Extension of order.

64A12. Relinquishment of firearms.

64A13. Return of firearms.

64A14. Abuse of process.

64A15. Employment protection.

64A16. Mental health and chemical dependency services.

64A17. Instructional and informational material.

§ 64A01. Scope of chapter.

This chapter relates to extreme risk protection orders.

§ 64A02. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Court." A court of common pleas in this Commonwealth.

"Extreme risk protection order." A court order prohibiting a

person from having in the person's possession or control,

purchasing or receiving or attempting to purchase or receive a

firearm, based upon a finding that the person presents a

substantial risk of suicide or of causing the death of, or

serious bodily injury to, another person.

"Family or household member." Spouses or persons who have

been spouses, persons living as spouses or who lived as spouses,

parents and children, other persons related by consanguinity or

affinity, current or former sexual or intimate partners or

persons who share biological parenthood.

"Firearm." A weapon designed to or that may readily be

converted to expel a projectile by the action of an explosive or

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the frame or receiver of such weapon.

"Firearms dealer" or "dealer." A person licensed to sell

firearms under 18 Pa.C.S. § 6113 (relating to licensing of

dealers).

"Firearms license" or "license." A concealed carry license

issued under 18 Pa.C.S. § 6109 (relating to licenses),

safekeeping license issued under 23 Pa.C.S. § 6108.3 (relating

to relinquishment to third party for safekeeping), hunting

license required under 34 Pa.C.S. § 2701 (relating to license

requirements) or any similar license issued pursuant to the laws

of another state.

"Hearing officer." A magisterial district judge, judge of

the Philadelphia Municipal Court, arraignment court magistrate

appointed under section 1123 (relating to jurisdiction and

venue), master appointed under section 1126 (relating to

masters) and master for emergency relief.

"Law enforcement officer." An officer of the United States,

of another state or political subdivision thereof or of the

Commonwealth or political subdivision thereof who is empowered

by law to conduct investigations of or to make an arrest for an

offense enumerated in this chapter or an equivalent crime in

another jurisdiction and an attorney authorized by law to

prosecute or participate in the prosecution of such offense.

"Serious bodily injury." Bodily injury that creates a

substantial risk of death or causes serious, permanent

disfigurement or protracted loss or impairment of the function

of a bodily member or organ.

§ 64A03. Preliminary matters.

(a) Standing.--A law enforcement officer or a family or

household member of a person believed to present a risk of

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suicide or of causing the death of, or extreme bodily injury to,

another person may file a petition requesting that the court

issue an extreme risk protection order or renew an existing

extreme risk protection order.

(b) Filing fee.--No filing fee may be charged for a petition

under this chapter.

effective at the time of service.

(d) Right to counsel.--A respondent under this chapter shall

have the right to be represented by counsel. If the respondent

cannot afford an attorney and meets the income guidelines

applicable to representation by a public defender in a criminal

case, the court shall appoint counsel upon the request of the

respondent.

§ 64A04. Petition for extreme risk protection order.

(a) Petition.--

(1) A petition for an extreme risk protection order

shall:

(i) be standardized and developed by the Office of

Attorney General as required under section 64A17

(relating to instructional and informational material);

(ii) be verified under the Pennsylvania Rules of

Civil Procedure, and a person signing the petition shall

be subject to penalties under 18 Pa.C.S. § 4904 (relating

to unsworn falsification to authorities);

(iii) at a minimum, state facts that demonstrate the

risk presented by the respondent's ability to purchase

firearms or have possession or control of firearms; and

(iv) describe the number, types and locations of any

firearms known or believed to be owned by the respondent

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or known or believed to be in the respondent's possession

or control.

(2) If the court is closed or is unavailable during the

business day, a petition may be filed with a hearing officer.

(b) Evidence of risk.--The court or hearing officer may

consider all relevant evidence, but in no case shall an order be

issued under this chapter absent a demonstration of risk due to

behaviors or events occurring in the preceding 12 months.

an extreme risk protection order, the court or hearing officer

shall consider evidence of the following and the recency of any

behaviors or events:

(1) Suicide threats or attempts.

(2) Threats or acts of violence or attempted acts of

violence.

(3) Domestic abuse, including any violation of a

protection from abuse order, under 23 Pa.C.S. Ch. 61

(relating to protection from abuse) or a similar law in

another state.

(4) Cruelty to animals under 18 Pa.C.S. Ch. 55 Subch. B

(relating to cruelty to animals) or a similar law in another

state.

(5) Abuse of controlled substances or alcohol, or any

criminal offense that involves controlled substances or

alcohol.

(6) Unlawful or reckless use, display or brandishing of

a firearm.

(7) Recent acquisition or attempted acquisition of a

firearm.

(8) Any additional information the court finds to be

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reliable, if it is otherwise admissible, including a

statement by the respondent.

§ 64A05. Interim extreme risk protection order.

(a) Rule.--The court or hearing officer reviewing a petition

shall issue an interim extreme risk protection order if it

finds, by a preponderance of the evidence, that:

(1) the respondent presents a substantial risk of

suicide or of causing the death of, or serious bodily injury

to, another person; and

(2) the risk is imminent and other circumstances that

would make it safe to proceed by ordering a hearing under

section 64A06 (relating to hearing on petition) without

issuing an interim extreme risk protection order do not

exist.

(b) Contents of order.--An interim extreme risk protection

order shall include:

(1) The date and time the order was issued.

(2) Instructions for relinquishment of any firearm or

firearms license that the respondent owns or that is in the

respondent's possession or control.

(3) Notice of the penalties for violating the order.

(4) Notice of the provisions of 18 Pa.C.S. § 6128

(relating to abandonment of firearms, weapons or ammunition).

(5) If the order was issued by a court and a hearing is

scheduled under subsection (d), the following:

(i) notice of the time, date and location of the

hearing;

(ii) notice of the right to request a continuance

and instructions on requesting a continuance or waiving

the hearing;

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(iii) notice of the fact that, at the hearing, or if

the hearing is waived, the court may extend the order for

up to one year; and

(iv) notice of the right to an attorney under

section 64A03 (relating to preliminary matters).

(6) If the order was issued by a hearing officer, notice

of the date upon which the order will expire.

issued by a hearing officer shall expire at the end of the next

business day the court deems itself available, but not more than

five days after the issuance of the interim order. An interim

extreme risk protection order issued by a court shall be in

effect until the hearing under subsection (d).

(d) Hearing following interim order.--If the court orders an

interim extreme risk protection order under subsection (a), the

court shall conduct a hearing on the petition within 10 days of

the date of the interim order.

(e) Request for continuance.--The respondent may request a

continuance on a hearing scheduled to take place after the

issuance of an interim order, which the court shall grant. No

hearing shall be continued except with the consent of the

respondent.

§ 64A06. Hearing on petition.

(a) Rule.--Upon reviewing a petition filed under section

64A04 (relating to petition for extreme risk protection order),

the court may issue an order for a hearing on the petition,

which shall be conducted within 10 days of the date of the

petition.

(b) Request for continuance.--If the hearing is scheduled to

take place fewer than three business days after service of the

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order, the court shall grant a continuance until at least three

business days after service if requested by the respondent. The

court shall notify the respondent of the respondent's right to a

continuance under this subsection.

to be present at a hearing or fails to appear for a hearing on a

petition scheduled under this section, the court may proceed

with the hearing and may issue an extreme risk protection order

in the respondent's absence.

§ 64A07. Notice to law enforcement.

(a) Notice.--The court or hearing officer issuing an order

under this chapter shall cause a copy of the order to be

delivered to the sheriff, the local law enforcement agency and

the Pennsylvania State Police.

(b) Entry into database.--Upon receipt of the order, the

Pennsylvania State Police shall cause the order to be entered

into the appropriate database so that notice of the order is

provided through the Pennsylvania Instant Check System and the

Federal Bureau of Investigation National Instant Criminal

Background Check System.

§ 64A08. Service.

(a) Service.--Service of an extreme risk protection order or

an order for a hearing shall be made in person by the sheriff or

a law enforcement officer, as directed by the court or hearing

officer issuing the order. At the time of service, the sheriff

or law enforcement officer shall provide the respondent with a

copy of the petition.

(b) Return.--Immediately upon completion of service of an

extreme risk protection order, the sheriff or law enforcement

officer completing service shall make a return of service to the

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court and shall provide a copy of the return of service to the

petitioner.

§ 64A09. Order after hearing.

(a) Hearing and order.--The court shall issue an extreme

risk protection order after conducting a hearing ordered under

section 64A05 (relating to interim extreme risk protection

order) or 64A06 (relating to hearing on petition), or after the

respondent waives the right to a hearing under section 64A05, if

the court finds by clear and convincing evidence that the

respondent presents a substantial risk of suicide or of causing

the death of, or serious bodily injury to, another person.

(b) Duration.--An extreme risk protection order issued after

a hearing shall be made effective for not less than three months

nor more than one year.

(1) The date and time the order was issued.

(2) Notice of the right to petition the court for a

termination of the order.

(3) Instructions for relinquishment of any firearm that

the respondent owns or that is in the respondent's possession

or control, and any firearms license that is issued to the

respondent.

(4) Notice of the provisions of 18 Pa.C.S. § 6128

(relating to abandonment of firearms, weapons or ammunition).

(5) Notice of the penalties for violating the order.

(6) Notice of the right to appeal to the Superior Court

within 30 days.

(d) Explanatory opinion.--The court shall issue a separate,

nonpublic explanatory opinion and shall provide the opinion to

the petitioner and respondent within seven days of the issuance

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of the order.

§ 64A10. Termination hearing.

(a) General rule.--A respondent subject to an extreme risk

protection order may petition the court at any time during the

effective period of the order for a hearing to determine whether

the order should be terminated.

(b) Notice.--Upon receipt of a request for a termination

hearing, the court shall set a date for the hearing and shall

provide notice of the hearing to the petitioner, the local law

enforcement agency and the Pennsylvania State Police.

order on a petition to terminate an extreme risk protection

order within 10 business days of receiving the petition.

(d) Burden of proof.--At a termination hearing, the

respondent seeking termination of the order shall have the

burden of proving, by a preponderance of the evidence, that the

order was issued in error or that circumstances have changed,

and that the respondent does not present a substantial risk of

suicide or of causing the death of, or serious bodily injury to,

another person.

§ 64A11. Extension of order.

A petition to extend an extreme risk protection order shall

state facts that support an extension of the order. The court

may deny the petition based on the information stated in the

petition or may schedule a hearing. The court shall provide

notice of the hearing to the petitioner, the respondent, the

local law enforcement agency and the Pennsylvania State Police.

If the court finds by clear and convincing evidence, based on

factors specified under section 64A04 (relating to petition for

extreme risk protection order), that the respondent continues to

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present a substantial risk of suicide or of causing the death

of, or serious bodily injury to, another person, the court shall

extend the extreme risk protection order for a duration of no

fewer than three months and no more than one year from the date

of the order.

§ 64A12. Relinquishment of firearms.

(a) Rule.--An extreme risk protection order issued under

section 64A05 (relating to interim extreme risk protection

order) or 64A09 (relating to order after hearing) shall require

the relinquishment of all firearms owned by the respondent or in

the respondent's possession or control within 24 hours following

service of the order, except for cause shown, in which case the

court or hearing officer issuing the order shall specify the

time for relinquishment of any or all of the respondent's

firearms.

(b) Relinquishment upon service.--A law enforcement officer

or sheriff serving an extreme risk protection order shall

request that all firearms and any firearms license in the

respondent's possession or control be immediately relinquished

into the custody of the law enforcement officer or sheriff. A

law enforcement officer taking custody of a firearm or firearms

license under this subsection shall transfer the firearm or

firearms license to the sheriff or to a firearms dealer for

safekeeping.

the time frame specified in the order, relinquish to the sheriff

or a firearms dealer any firearm or license remaining in the

respondent's possession or control after the time of service. A

respondent relinquishing a firearm directly to a dealer shall,

within the time frame specified in the order, provide to the law

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enforcement agency or sheriff a copy of the affidavit described

in subsection (f) in lieu of the firearm listed in the

affidavit. A sheriff accepting an affidavit in lieu of a firearm

shall file a copy with the court.

(d) Receipt.--A sheriff or law enforcement officer taking

custody of a firearm or license from a respondent shall provide

the respondent with a copy of a signed and dated receipt. The

receipt shall include a detailed description of each firearm and

its condition. The sheriff or law enforcement officer issuing

the receipt shall file the original receipt with the court.

(e) Transfer to firearms dealer.--A respondent whose firearm

is in the custody of a sheriff may request that the firearm be

transferred to a firearms dealer for consignment sale, lawful

transfer or safekeeping. Upon receiving the request, the sheriff

shall transport the firearm to a dealer at no cost to the

respondent or the dealer.

(f) Affidavit.--A firearms dealer accepting custody of a

firearm under this chapter shall provide the respondent, sheriff

or law enforcement officer from which the dealer accepts custody

with an affidavit on a form prescribed by the Pennsylvania State

Police. A sheriff or law enforcement officer delivering custody

of a firearm to a dealer shall file a copy of the affidavit with

the court.

(g) Contents of affidavit.--The affidavit shall include the

following:

(1) The caption of the case in which the extreme risk

protection order was issued.

(2) The name, address, date of birth and Social Security

number of the respondent.

(3) A list of all firearms relinquished to the dealer

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and a detailed description of each firearm, including its

condition and, if applicable, the manufacturer, model and

serial number.

(4) The name and license number of the dealer and the

address of the licensed premises.

(5) An acknowledgment that the dealer will not return a

firearm to the respondent while the respondent is subject to

an extreme risk protection order.

(6) An acknowledgment that the firearm, if sold or

transferred, will be sold or transferred in compliance with

18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous

articles), and that no firearm will be returned to a

respondent or any third party until the dealer has

independently confirmed that the person requesting return of

the firearm is legally eligible to possess firearms under

Federal and State law.

§ 64A13. Return of firearms.

(a) Return to respondent.--Subject to subsection (c), if,

following a hearing, a court vacates an interim extreme risk

protection order, the court shall order the immediate return of

all relinquished firearms and licenses to the respondent. Upon

termination or expiration of an extreme risk protection order,

the respondent may request that the sheriff or firearms dealer

in possession of a relinquished firearm or license return the

firearm or license. Subject to subsection (c), the sheriff or

dealer shall return the firearm or license to the respondent as

soon as possible, but not later than the end of the next

business day after the day on which the respondent makes the

request.

(b) Third party claims.--A third party may request the

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return of a relinquished firearm at any time by providing proof

of ownership and a sworn affidavit. Proof of ownership may

consist of a statement in the affidavit. The affidavit shall

affirm the following:

(1) The third party will not recklessly, knowingly or

intentionally return a firearm to a person subject to an

extreme risk protection order nor intentionally or knowingly

allow a person subject to an extreme risk protection order to

have access to a firearm.

(2) The third party understands that intentionally or

knowingly allowing a person subject to an extreme risk

protection order to have access to a firearm constitutes a

misdemeanor of the second degree under 18 Pa.C.S. § 6105(a.1)

(relating to persons not to possess, use, manufacture,

control, sell or transfer firearms), punishable by up to two

years' imprisonment and up to a $5,000 fine and resulting in

a five-year prohibition on firearm acquisition or possession.

(3) If the third party is a member of the household of a

person who is subject to an extreme risk protection order,

that any firearm returned to the third party will be stored

either in a gun safe to which the person does not have and

will not be permitted to access, or in a location outside the

home to which the person does not have access.

person other than a licensed dealer, the sheriff or firearms

dealer in possession of the firearm shall independently confirm

that the person requesting return of the firearm is legally

eligible to possess firearms under Federal and State law. The

sheriff or dealer receiving a request under subsection (a) shall

conduct the required background check as soon as possible, but

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not later than the end of the next business day after the day on

which the respondent makes the request.

§ 64A14. Abuse of process.

(a) Construction.--Nothing in this chapter shall be

construed to preclude or restrict prosecution under 18 Pa.C.S.

Ch. 49 (relating to falsification and intimidation) based on

false or misleading statements in a petition.

(b) Restitution.--A person convicted of false reporting or

false swearing in a petition as determined by the court to have

acted in bad faith for the purpose of harassing the respondent

shall be ordered to pay full restitution to the respondent. For

purposes of this section, restitution shall include, but not be

limited to, reasonable attorney fees, costs of storage and other

expenses incurred by the respondent as a result of the false

reporting or false swearing.

§ 64A15. Employment protection.

(a) General rule.--No public employee who is subject to an

extreme risk protection order may be terminated from employment

based upon the prohibition of possessing a firearm.

(b) Construction.--Nothing in this section shall be

construed to prohibit an employer from discharging or otherwise

disciplining a public employee for reasons other than the

prohibition of possessing a firearm.

§ 64A16. Mental health and chemical dependency services.

During any proceeding under this chapter, the court shall

consider whether a mental health or chemical dependency

evaluation or any proceeding under the act of July 9, 1976

(P.L.817, No.143), known as the Mental Health Procedures Act, is

necessary, and may order an evaluation or proceeding as it deems

necessary.

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§ 64A17. Instructional and informational material.

The Office of Attorney General shall develop and prepare

instructions and informational brochures, standard petitions and

extreme risk protection order forms and a staff handbook on the

extreme risk protection order process. The following apply:

(1) The standard petition and order forms or petitions

or forms which are substantially similar must be used for all

petitions filed and orders issued under this chapter.

(2) The instructions, brochures, forms and handbook

shall be prepared in consultation with interested persons,

including representatives of gun violence prevention groups,

judges and law enforcement personnel. Materials shall be

based on best practices and available electronically online

to the public.

(3) The instructions shall be designed to assist

petitioners in completing the petition and include a sample

of a standard petition and order for protection forms.

(4) The instructions and standard petition shall include

a means for a petitioner to identify, with only lay

knowledge, the firearms the respondent may own, possess,

receive or have in the respondent's custody or control. The

instructions shall provide pictures of types of firearms that

a petitioner may choose from to identify the relevant

firearms or an equivalent means to allow a petitioner to

identify firearms without requiring specific or technical

knowledge regarding firearms.

(5) The informational brochure shall describe the use of

and the process for obtaining, modifying and terminating an

extreme risk protection order under this chapter and provide

relevant forms.

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(6) The extreme risk protection order form shall

include, in a conspicuous location, notice of criminal

penalties resulting from violation of the order and the

following statement:

You have the sole responsibility to avoid or refrain

from violating this order's provisions. Only the

court can change the order and only upon written

application.

(7) The staff handbook shall allow for the addition of a

community resource list by the clerk of court. All clerks of

court may create a community resource list of crisis

intervention, mental health, substance abuse, interpreter,

counseling and other relevant resources serving the county in

which the court is located. The clerk of court may make the

community resource list available as part of or in addition

to the informational brochure described in this section.

(8) The Office of Attorney General shall distribute a

master copy of the petition and order forms, instructions and

informational brochures to all clerks of court and shall

distribute a master copy of the petition and order forms to

all superior, district and municipal courts. Distribution of

all documents shall, at a minimum, be in an electronic format

or formats accessible to all courts and clerks of court in

this Commonwealth.

(9) The Office of Attorney General shall determine the

significant non-English-speaking or limited-English-speaking

populations in this Commonwealth. The Office of Attorney

General shall arrange for translation of the instructions and

informational brochures required by this section, which shall

contain a sample of the standard petition and order for

20230HB1018PN0960 - 24 -

protection forms, into the languages spoken by those

significant non-English-speaking populations and shall

distribute a master copy of the translated instructions and

informational brochures to all clerks of court within one

year of the effective date of this paragraph.

(10) The Office of Attorney General shall update the

instructions, brochures, standard petition and extreme risk

protection order forms and staff handbook as necessary,

including when changes in the law necessitate an update.

Section 5. This act shall take effect in 90 days.

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