PRINTER'S NO. 244
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
281
Session of
2023
INTRODUCED BY MUTH, COMITTA, SCHWANK, HAYWOOD, FONTANA, COLLETT,
DILLON, COSTA, KEARNEY, TARTAGLIONE AND SAVAL,
JANUARY 31, 2023
REFERRED TO JUDICIARY, JANUARY 31, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, providing for firearm safety certificate and
establishing the Firearm Safety and Enforcement Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 61 of Title 18 of the Pennsylvania
Consolidated Statues is amended by adding a subchapter to read:
SUBCHAPTER E
FIREARM SAFETY CERTIFICATE
Sec.
6191. Legislative intent.
6192. Definitions.
6193. Firearm safety certificate.
6194. Pennsylvania State Police.
6195. Issuance of firearm safety certificate and objective test
and fees.
6196. Violations and penalties.
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6197. Immunity from liability.
§ 6191. Legislative intent.
It is the intent of the General Assembly to:
(1) Promote safe and responsible firearm ownership.
(2) Require first-time purchasers of firearms to have a
basic familiarity with and understanding of firearm use and
operation.
(3) Ensure that first-time purchasers of firearms
understand the fundamental legal aspects of firearm
possession, carry and use, including self-defense and the
restrictions on the use of deadly force.
(4) Ensure that first-time purchasers of firearms know
and understand how to safely store and handle firearms.
§ 6192. 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:
"Applicant." An individual seeking a firearm safety
certificate.
"Certificate" or "firearm safety certificate." A certificate
issued by the Pennsylvania State Police in accordance with this
subchapter indicating that the holder has successfully completed
firearm safety training.
"Certified instructor" or "instructor." A person certified
as a firearm safety instructor under this subchapter.
"Firearm." As defined in section 6111(f)(1) (relating to
sale or transfer of firearms) .
"Firearm capable of being concealed upon the person." The
term applies to and includes a firearm that is capable of being
concealed or in any way hidden or confined upon a person.
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"First firearm." The first firearm that a person purchases,
receives or owns in the person's lifetime.
"Fund." The Firearm Safety and Enforcement Fund established
under section 6195 (relating to issuance of firearm safety
certificate and objective test and fees).
"Handgun." A pistol or revolver or other firearm capable of
being concealed upon the person.
"Law enforcement agency." The term includes the following:
(1) The Pennsylvania State Police.
(2) A municipal police department.
(3) The Office of Attorney General.
(4) The Federal Bureau of Investigation or other Federal
law enforcement agency.
(5) A police department of another state or
jurisdiction.
"Law enforcement official." The term includes the following:
(1) The Attorney General and authorized employees.
(2) A district attorney of a county and authorized
employees.
(3) A Pennsylvania State Police trooper.
(4) A municipal police officer.
(5) A Federal law enforcement officer or agent who is
authorized to possess or carry a concealed firearm in any
jurisdiction in the United States.
"Written authorization." The verifiable written
certification from the head of a law enforcement agency by which
the purchaser or transferee of a firearm is employed,
identifying the employee as an individual authorized to conduct
the transaction and authorizing the transaction for the
exclusive use of the law enforcement agency by which that person
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is employed.
§ 6193. Firearm safety certificate.
(a) Certificate required.--Notwithstanding any provision of
this chapter or any other law or regulation, a person may not:
(1) Purchase or receive a first firearm, except an
antique firearm as defined in section 6118 (relating to
antique firearms) or a firearm that is a curio or relic, as
defined in 27 CFR 478.11 (relating to meaning of terms),
without a valid firearm safety certificate.
(2) Sell, deliver, loan or transfer a firearm, except an
antique firearm or a firearm that is a curio or relic under
27 CFR 478.11, to a person who does not have a valid firearm
safety certificate.
(b) Exceptions to firearm safety certificate requirement.--
Notwithstanding subsection (a), the following persons shall be
exempt from the firearm safety certificate requirement under
subsection (a):
(1) A law enforcement official.
(2) An active or honorably retired peace officer as
defined in section 501 (relating to definitions).
(3) An active or honorably retired Federal law
enforcement officer or agent.
(4) A person who has successfully completed municipal
police officers' education and training in accordance with 53
Pa.C.S. Ch. 21 Subch. D (relating to municipal police
education and training).
(5) A firearm dealer licensed in accordance with
sections 6112 (relating to retail dealer required to be
licensed) and 6113 (relating to licensing of dealers) who is
acting in the course and scope of his or her activities as a
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licensed dealer.
(6) An active or honorably retired member of the United
States Armed Forces or a reserve component of the United
States Armed Forces as defined in 10 U.S.C. § 101 (relating
to definitions).
(c) Certain exemption by operation of law.--The following
persons who take title or possession of a firearm by operation
of law in a representative capacity, until or unless they
transfer title ownership of the firearm to themselves in a
personal capacity, shall be exempt from the requirements of
subsection (a):
(1) The executor or administrator of an estate.
(2) A secured creditor or an agent or employee of a
secured creditor when a firearm is possessed as collateral
for, or as a result of, a default under a security agreement
under 13 Pa.C.S. (relating to commercial code).
(3) A writ server who is directed to execute a writ or
serve other court documents under 42 Pa.C.S. (relating to
judiciary and judicial procedure).
(4) A receiver performing the functions of a receiver
under the laws of this Commonwealth.
(5) A trustee in bankruptcy performing the duties of a
trustee.
(6) An assignee for the benefit of creditors performing
the functions of an assignee.
(d) Holder of hunting license.--A person who holds a valid
unexpired hunting license which was issued for the hunting
season immediately preceding the calendar year in which the
person receives or takes possession of a firearm shall be exempt
from the requirements of subsection (a), except as to a firearm
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as defined in section 6102 (relating to definitions), provided
that the person has received training that includes the
requirements included in section 6194(d) (relating to
Pennsylvania State Police) .
(e) Law enforcement exemption.--This section does not apply
to a sale, delivery or transfer of firearms made to a law
enforcement official representing a law enforcement agency for
the exclusive use by that law enforcement agency if, prior to
the sale, delivery or transfer of the firearms, written
authorization from the head of the law enforcement agency
authorizing the transaction is presented to the person from whom
the purchase, delivery or transfer is being made.
§ 6194. Pennsylvania State Police.
(a) Administration and enforcement.--The Pennsylvania State
Police shall administer and enforce the provisions of this
subchapter.
(b) Duties of Pennsylvania State Police.--To carry out the
provisions of this subchapter, the Pennsylvania State Police
shall:
(1) Develop a program for the certification of persons
to provide firearm safety instruction to individuals seeking
firearm safety certification in accordance with the
provisions of this subchapter.
(2) Develop a firearm safety manual and make the manual
available to firearm dealers licensed under sections 6112
(relating to retail dealer required to be licensed) and 6113
(relating to licensing of dealers). Each firearm dealer shall
make the manual available to the general public. A firearm
dealer may make the manual available to the public by
including the manual or essential portions of the manual in a
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pamphlet developed by the dealer that summarizes the
Commonwealth's firearms law, by posting the manual or
essential portions of the manual on the dealer's publicly
accessible Internet website or by providing a link to the
Pennsylvania State Police's publicly accessible Internet
website on the dealer's publicly accessible Internet website.
(3) Establish a link on its publicly accessible Internet
website for dealers and other persons to download the firearm
safety manual.
(4) Develop audiovisual materials for use by certified
instructors to conduct firearm safety training.
(5) Solicit input from a reputable association or
organization, including a law enforcement association that
has as one of its objectives the promotion of firearm safety,
in the development of audiovisual materials and other
instructional materials.
(6) Prescribe a minimum level of skill, knowledge and
competency to be required of all certified instructors.
(7) Develop guidelines to govern the certification of
persons as firearm safety training instructors.
(8) Develop guidelines to govern the issuance and
renewal of firearm safety certificates.
(9) Develop a written objective test, prescribe the
objective test's content and the form and manner in which the
objective test may be administered by certified instructors
and make the objective test available to certified
instructors. The Pennsylvania State Police may establish a
secure link on its publicly accessible Internet website for
certified instructors or other authorized persons to download
the objective tests.
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(10) Develop procedures for the oral administration of
the objective test to persons with disabilities or language
barriers.
(11) Update objective test materials for firearm safety
training when determined appropriate, but not less than once
every five years.
(12) Require licensed dealers or employees of licensed
dealers who are also certified instructors under this
subchapter to designate a separate room or partitioned area
for a person to take the objective test and maintain adequate
supervision to ensure that no acts of collusion occur while
the objective test is being administered.
(c) Certification of instructors.--
(1) The Pennsylvania State Police shall certify persons
as firearm safety training instructors in this Commonwealth.
(2) The Pennsylvania State Police may require applicants
for certification as instructors in this Commonwealth to have
prior certification or firearm training from one of the
following agencies or organizations:
(i) The Federal Law Enforcement Training Center of
the United States Department of Homeland Security,
Firearm Instructor Training Program, range master
training or other Federal weapons training program as
determined by the Pennsylvania State Police.
(ii) The Pennsylvania State Police or a municipal
police department of this Commonwealth or of another
state, as approved by the Pennsylvania State Police.
(iii) A United States Armed Forces marksmanship or
weapons training instructor program, provided, however,
that a person's assignment as a range officer or safety
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officer shall not be deemed sufficient for training
purposes.
(iv) The National Rifle Association or a sportsmen
or gun club.
(v) The Municipal Police Officers' Education and
Training Commission established under 53 Pa.C.S. Ch. 21
Subch. D (relating to municipal police education and
training).
(vi) An accredited institution of higher education
in this Commonwealth that offers a class or course of
study in firearm training or safety.
(3) Nothing in this subsection shall be construed to
preclude the Pennsylvania State Police from automatically
certifying a person as a certified instructor, provided that
the person applying for the certification holds a valid
firearm safety certificate or firearms or weapons instructor
certification from an agency or organization under paragraph
(2).
(d) Content of objective test.--The objective test developed
by the Pennsylvania State Police for firearm safety
certification shall include the following:
(1) The laws applicable to carrying and handling
firearms in this Commonwealth, particularly a firearm that is
a handgun.
(2) The responsibilities of ownership of firearms,
particularly a firearm that is a handgun.
(3) Provisions of law that relate to the private sale
and transfer of firearms.
(4) Provisions of law that relate to the permissible use
of lethal force.
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(5) What constitutes safe storage of firearms.
(6) Issues associated with bringing firearms into a home
with children, especially a firearm that is a handgun.
(7) Harm prevention strategies to address issues
associated with bringing firearms into a home , including
domestic violence issues and teen suicide.
(8) Certification that the applicant has viewed
audiovisual materials concerning:
(i) Safe interaction with law enforcement when the
person is carrying a concealed firearm.
(ii) Road rage incidents when the person is carrying
a concealed firearm.
(e) Firearm safety certificate.--The Pennsylvania State
Police shall develop a firearm safety certificate to be issued
by certified instructors to persons seeking firearm safety
certification and who successfully passed a firearm safety
objective test in accordance with the requirements of this
subchapter. A firearm safety certificate shall include the
following:
(1) A unique firearm safety certificate identification
number.
(2) The holder's full name and date of birth.
(3) The holder's driver's license number or State
identification card number.
(4) The holder's signature.
(5) The signature of the issuing instructor.
(6) The date of issuance and expiration.
§ 6195. Issuance of firearm safety certificate and objective
test and fees.
(a) Compliance required for issuance.--A certified
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instructor may not issue a firearm safety certificate to a
person who has not complied with this subchapter. Proof of
compliance shall be forwarded to the Pennsylvania State Police
by certified instructors in the form and manner and at the times
as the Pennsylvania State Police shall prescribe.
(b) Objective test required.--
(1) An applicant for a firearm safety certificate shall
successfully pass the objective test developed by the
Pennsylvania State Police in accordance with section 6194(d)
(relating to Pennsylvania State Police) with a passing grade
of at least 80%.
(2) An instructor shall offer additional instructional
materials to an applicant who fails to pass the objective
test on the first attempt. The instructional materials shall
include the firearm safety manual, a videotape or
instructional materials as may be approved by the
Pennsylvania State Police.
(3) A person may not retake the objective test under any
circumstances until 24 hours have elapsed after the failure
to pass the objective test on the first attempt.
(4) A person failing the objective test on the first
attempt shall take another version of the objective test on
the second attempt.
(5) A person who fails the objective test on a second
attempt may not retake the objective test until five days
have elapsed after failure to pass the objective test on the
second and each subsequent attempt.
(6) When feasible, all objective tests shall be retaken
from the same instructor except upon permission by the
Pennsylvania State Police, which shall be granted only for
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good cause shown.
(7) The instructor shall be available to the applicant
during regular business hours in order for the applicant to
retake the objective test.
(c) Issuance of certificate.--
(1) A person receiving a passing grade on the objective
test in accordance with subsection (b)(1) shall immediately
be issued a firearm safety certificate by the certified
instructor.
(2) A certified instructor may not issue a firearm
safety certificate to a person who is under 18 years of age.
(3) In the case of the loss or destruction of a firearm
safety certificate, the issuing instructor or the
Pennsylvania State Police shall issue a duplicate certificate
upon request and proof of identification to the certificate
holder.
(d) Fees.--
(1) A certified instructor may charge a fee of $30 for
in-person instruction and may charge $5 for online
instruction under this subchapter.
(2) From the fee charged under paragraph (1), $5 of the
in-person instruction fee and $1 of the online instruction
fee for instruction under this subchapter and issuance of a
firearm safety certificate shall be remitted to the
Pennsylvania State Police for deposit into the fund in
accordance with subsection (e).
(3) In the case of the loss or destruction of a firearm
safety certificate, the Pennsylvania State Police may
authorize the issuing instructor to charge a fee of $15 for a
duplicate certificate, $10 of which shall be remitted to the
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Pennsylvania State Police for deposit into the fund in
accordance with subsection (e).
(e) Firearm Safety and Enforcement Fund.--
(1) The Firearm Safety and Enforcement Fund is
established as a restricted account in the State Treasury.
Money in the fund shall be expended by the Pennsylvania State
Police for the sole and exclusive purpose of administering
and enforcing this subchapter.
(2) The fund shall consist of all money received and
deposited into the fund by the Pennsylvania State Police in
accordance with subsection (d) and any interest thereon,
money that may be appropriated by the General Assembly and
any other contributions, payments or deposits that may be
made available to the fund.
§ 6196. Violations and penalties.
(a) Revocation of instructor certificate.--A violation of
this subchapter by a certified instructor may be grounds for the
Pennsylvania State Police to revoke the instructor's authority
to provide firearm safety training to persons seeking firearm
safety certification and to issue firearm safety certificates to
those persons.
(b) Acts of collusion.--
(1) A person shall not commit an act of collusion as
specified in paragraph (2).
(2) For purposes of paragraph (1), an act of collusion
may include the following activities:
(i) Answering questions for an applicant taking the
objective test for firearm safety certification while the
objective test is being administered.
(ii) Knowingly grading an objective test for a
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firearm safety certificate falsely.
(iii) Providing an advance copy of the objective
test to an applicant seeking firearm safety
certification.
(iv) Taking or allowing another person to take
firearm safety training for the applicant seeking a
firearm safety certificate.
(v) Taking or allowing another person to take the
objective test for the applicant seeking firearm safety
certification.
(vi) Using or allowing another to use an applicant's
identification for the purpose of obtaining a firearm
safety certificate.
(vii) Knowingly allowing a person to give an
applicant for a firearm safety certificate unauthorized
assistance during administration of the objective test.
(viii) Knowingly allowing a person to use
unauthorized materials while taking the objective test or
to cheat on the objective test.
(c) Additional violations.--It shall be unlawful for a
person to do any of the following:
(1) Alter, counterfeit or falsify a firearm safety
certificate.
(2) Use or attempt to use any altered, counterfeited or
falsified firearm safety certificate to purchase a firearm.
(d) Penalty.--A person who violates subsections (b) and (c)
commits a misdemeanor.
§ 6197. Immunity from liability.
The Pennsylvania State Police shall be immune from any
liability that may arise from administering, implementing or
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enforcing any of the provisions of this subchapter.
Section 2. This act shall take effect in 60 days.
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