PRINTER'S NO. 441
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
457
Session of
2023
INTRODUCED BY SANTARSIERO, CAPPELLETTI, TARTAGLIONE, FONTANA,
STREET, KEARNEY, HAYWOOD, DILLON, KANE, COMITTA AND SCHWANK,
MARCH 14, 2023
REFERRED TO JUDICIARY, MARCH 14, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in minors, providing for the offense
of access to firearms by minors; 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 6302.1. Access to firearms by minors.
(a) Storage requirements.--
(1) A person who stores or leaves a firearm on premises
under the person's control and who knows or reasonably should
know that a minor is likely to gain access to the firearm
without the lawful permission of the minor's parent or the
person having charge of the minor shall keep the firearm in a
securely locked box or container or in a location which a
reasonable person would believe to be secure.
(2) This subsection does not apply if the minor obtains
a firearm as a result of an unlawful entry by any person.
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(b) Grading.--
(1) A violation of subsection (a) that results in a
minor in possession of the firearm constitutes a:
(i) Summary offense with no term of imprisonment
when the offense is a first offense.
(ii) Misdemeanor of the third degree when the
offense is a second or subsequent offense.
(2) A violation of subsection (a) that results in the
firearm being used in the commission of a crime or used in an
event that results in death or grievous injury constitutes a
felony of the third degree.
(c) Defense.--It shall be a defense to a prosecution under
this section if any of the following apply:
(1) The firearm is stored or left in a securely locked
box or container or in a location which a person would
reasonably believe to be secure.
(2) The minor obtains the firearm as a result of an
unlawful entry by any person.
(3) The minor's possession of a firearm is incidental to
the performance of official duties of the United States Armed
Forces, the Pennsylvania National Guard or the personnel of
any Federal, State or local law enforcement agency.
(4) The minor's possession of a firearm is under adult
supervision while engaged in hunting, sporting or other
lawful purposes.
(5) The firearm is carried on the body of the owner or
is within such close proximity to the body that the owner can
retrieve and use as easily and quickly as if the owner
carried it on the owner's body.
(d) Notice by retailer.--
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(1) A person who offers for sale at retail a firearm
shall post in a conspicuous place the following notice:
It is unlawful to store or leave a firearm in any
place within the reach or easy access of a minor.
Should a minor be found in possession of a firearm,
the owner may be charged with a summary offense when
the offense is a first offense and a misdemeanor of
the third degree when the offense is a second or
subsequent offense. Should the firearm be used in the
commission of a crime or used in any event that
results in death or grievous injury, the owner may be
charged with a felony of the third degree.
(2) A violation of this subsection constitutes a
misdemeanor of the third degree.
(e) Fingerprinting.--
(1) Prior to the commencement of trial or entry of a
plea of a defendant of the summary offense, the issuing
authority shall order the defendant to submit within five
days of the order to fingerprinting by the municipal police
of the jurisdiction in which the offense allegedly was
committed or the Pennsylvania State Police.
(2) Fingerprints shall be forwarded immediately to the
Pennsylvania State Police for determination as to whether the
defendant previously has been convicted of a violation of
subsection (a). The results of the determination shall be
transmitted to the police department obtaining the
fingerprints if the department is the prosecutor or to the
issuing authority if the prosecutor is other than a police
officer.
(3) The issuing authority shall not proceed with the
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trial or plea in summary until the issuing authority is in
receipt of the determination made by the Pennsylvania State
Police. The issuing authority shall use the information
obtained solely for the purpose of grading the offense under
subsection (b).
Section 2. This act shall take effect in 60 days.
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