Trial Engrossment of Amendment A02926 to Senate Bill 0565 P.N. 1212, Regular Session 2021-2022

A02926

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

565

Session of

2021

INTRODUCED BY DUSH, J. WARD, STEFANO, PITTMAN, PHILLIPS-HILL,

YAW, MENSCH, HUTCHINSON, MASTRIANO, LANGERHOLC, SCAVELLO,

ROBINSON, BARTOLOTTA, BROOKS, AUMENT, GEBHARD, DiSANTO,

VOGEL, CORMAN AND REGAN, APRIL 16, 2021

SENATOR K. WARD, RULES AND EXECUTIVE NOMINATIONS, RE-REPORTED AS

AMENDED, NOVEMBER 8, 2021

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in firearms and other dangerous

articles, repealing provisions relating to firearms not to be

carried without a license, providing for license not

required, FURTHER PROVIDING FOR PROHIBITED CONDUCT DURING

EMERGENCY, repealing provisions relating to carrying firearms

on public streets or public property in Philadelphia,

providing for sportsman's firearm permit, further providing

for licenses and repealing provisions relating to proof of

license and exception.

Amending Titles 18 (Crimes and Offenses), 23 (Domestic

Relations) and 34 (Game) of the Pennsylvania Consolidated

Statutes, in inchoate crimes, further providing for

possession of firearm or other dangerous weapon in court

facility; in firearms and other dangerous articles, further

providing for definitions, for evidence of intent, for

persons not to possess, use, manufacture, control, sell or

transfer firearms and for firearms not to be carried without

a license, providing for license not required, further

providing for prohibited conduct during emergency, repealing

provisions relating to carrying firearms on public streets or

public property in Philadelphia, providing for sportsman's

firearm permit, further providing for licenses, providing for

firearm eligibility license, for application for firearm

eligibility license, for fee and qualification, for

investigations and training course and for issuance and terms

and further providing for sale or transfer of firearms, for

Pennsylvania State Police, for loans on, or lending or giving

firearms prohibited, for proof of license and exception and

for administrative regulations; in protection from abuse,

further providing for relief; in hunting and furtaking,

further providing for cooperation after lawfully killing big

game; and, in protection of property and persons, further

providing for possession of firearm for protection of self or

others.

The General Assembly finds that:

(1) The laws in existence regulating firearms ownership,

possession and use LICENSING are ineffectual in preventing

crime and only interfere with the natural rights of law-

abiding citizens.

(2) It is necessary to codify the inherent right to the

carrying of firearms, whether openly or concealed, and that

the right to self-defense is an inherent natural right that

shall not be questioned as stated in section 21 of Article I

of the Constitution of Pennsylvania.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 6106 of Title 18 of the Pennsylvania

Consolidated Statutes is repealed:

[§ 6106. Firearms not to be carried without a license.

(a) Offense defined.--

(1) Except as provided in paragraph (2), any person who

carries a firearm in any vehicle or any person who carries a

firearm concealed on or about his person, except in his place

of abode or fixed place of business, without a valid and

lawfully issued license under this chapter commits a felony

of the third degree.

(2) A person who is otherwise eligible to possess a

valid license under this chapter but carries a firearm in any

vehicle or any person who carries a firearm concealed on or

about his person, except in his place of abode or fixed place

of business, without a valid and lawfully issued license and

has not committed any other criminal violation commits a

A02926 - 2 -

misdemeanor of the first degree.

(b) Exceptions.--The provisions of subsection (a) shall not

apply to:

(1) Constables, sheriffs, prison or jail wardens, or

their deputies, policemen of this Commonwealth or its

political subdivisions, or other law-enforcement officers.

(2) Members of the army, navy, marine corps, air force

or coast guard of the United States or of the National Guard

or organized reserves when on duty.

(3) The regularly enrolled members of any organization

duly organized to purchase or receive such firearms from the

United States or from this Commonwealth.

(4) Any persons engaged in target shooting with a

firearm, if such persons are at or are going to or from their

places of assembly or target practice and if, while going to

or from their places of assembly or target practice, the

firearm is not loaded.

(5) Officers or employees of the United States duly

authorized to carry a concealed firearm.

(6) Agents, messengers and other employees of common

carriers, banks, or business firms, whose duties require them

to protect moneys, valuables and other property in the

discharge of such duties.

(7) Any person engaged in the business of manufacturing,

repairing, or dealing in firearms, or the agent or

representative of any such person, having in his possession,

using or carrying a firearm in the usual or ordinary course

of such business.

(8) Any person while carrying a firearm which is not

loaded and is in a secure wrapper from the place of purchase

A02926 - 3 -

to his home or place of business, or to a place of repair,

sale or appraisal or back to his home or place of business,

or in moving from one place of abode or business to another

or from his home to a vacation or recreational home or

dwelling or back, or to recover stolen property under section

6111.1(b)(4) (relating to Pennsylvania State Police), or to a

place of instruction intended to teach the safe handling, use

or maintenance of firearms or back or to a location to which

the person has been directed to relinquish firearms under 23

Pa.C.S. § 6108 (relating to relief) or back upon return of

the relinquished firearm or to a licensed dealer's place of

business for relinquishment pursuant to 23 Pa.C.S. § 6108.2

(relating to relinquishment for consignment sale, lawful

transfer or safekeeping) or back upon return of the

relinquished firearm or to a location for safekeeping

pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment

to third party for safekeeping) or back upon return of the

relinquished firearm.

(9) Persons licensed to hunt, take furbearers or fish in

this Commonwealth, if such persons are actually hunting,

taking furbearers or fishing as permitted by such license, or

are going to the places where they desire to hunt, take

furbearers or fish or returning from such places.

(10) Persons training dogs, if such persons are actually

training dogs during the regular training season.

(11) Any person while carrying a firearm in any vehicle,

which person possesses a valid and lawfully issued license

for that firearm which has been issued under the laws of the

United States or any other state.

(12) A person who has a lawfully issued license to carry

A02926 - 4 -

a firearm pursuant to section 6109 (relating to licenses) and

that said license expired within six months prior to the date

of arrest and that the individual is otherwise eligible for

renewal of the license.

(13) Any person who is otherwise eligible to possess a

firearm under this chapter and who is operating a motor

vehicle which is registered in the person's name or the name

of a spouse or parent and which contains a firearm for which

a valid license has been issued pursuant to section 6109 to

the spouse or parent owning the firearm.

(14) A person lawfully engaged in the interstate

transportation of a firearm as defined under 18 U.S.C. §

921(a)(3) (relating to definitions) in compliance with 18

U.S.C. § 926A (relating to interstate transportation of

firearms).

(15) Any person who possesses a valid and lawfully

issued license or permit to carry a firearm which has been

issued under the laws of another state, regardless of whether

a reciprocity agreement exists between the Commonwealth and

the state under section 6109(k), provided:

(i) The state provides a reciprocal privilege for

individuals licensed to carry firearms under section

6109.

(ii) The Attorney General has determined that the

firearm laws of the state are similar to the firearm laws

of this Commonwealth.

(16) Any person holding a license in accordance with

section 6109(f)(3).

(1) Before any exception shall be granted under

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paragraph (b)(9) or (10) of this section to any person 18

years of age or older licensed to hunt, trap or fish or who

has been issued a permit relating to hunting dogs, such

person shall, at the time of securing his hunting, furtaking

or fishing license or any time after such license has been

issued, secure a sportsman's firearm permit from the county

treasurer. The sportsman's firearm permit shall be issued

immediately and be valid throughout this Commonwealth for a

period of five years from the date of issue for any legal

firearm, when carried in conjunction with a valid hunting,

furtaking or fishing license or permit relating to hunting

dogs. The sportsman's firearm permit shall be in triplicate

on a form to be furnished by the Pennsylvania State Police.

The original permit shall be delivered to the person, and the

first copy thereof, within seven days, shall be forwarded to

the Commissioner of the Pennsylvania State Police by the

county treasurer. The second copy shall be retained by the

county treasurer for a period of two years from the date of

expiration. The county treasurer shall be entitled to collect

a fee of not more than $6 for each such permit issued, which

shall include the cost of any official form. The Pennsylvania

State Police may recover from the county treasurer the cost

of any such form, but may not charge more than $1 for each

official permit form furnished to the county treasurer.

(2) Any person who sells or attempts to sell a

sportsman's firearm permit for a fee in excess of that amount

fixed under this subsection commits a summary offense.

(d) Revocation of registration.--Any registration of a

firearm under subsection (c) of this section may be revoked by

the county treasurer who issued it, upon written notice to the

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holder thereof.

(e) Definitions.--

(1) For purposes of subsection (b)(3), (4), (5), (7) and

(8), the term "firearm" shall include any weapon which is

designed to or may readily be converted to expel any

projectile by the action of an explosive or the frame or

receiver of the weapon.

(2) As used in this section, the phrase "place of

instruction" shall include any hunting club, rifle club,

rifle range, pistol range, shooting range, the premises of a

licensed firearms dealer or a lawful gun show or meet.]

Section 1. Section 913(b)(3) of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 913. Possession of firearm or other dangerous weapon in court

facility.

* * *

(b) Grading.--

* * *

(3) An offense under subsection (a)(1) is a summary

offense if the person was carrying a firearm under section

6106(b) (relating to firearms not to be carried without a

license) or 6109 (relating to [licenses] license to carry)

and failed to check the firearm under subsection (e) prior to

entering the court facility.

* * *

Section 2. Section 6102 of Title 18 is amended by adding

definitions to read:

§ 6102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this subchapter which are applicable to specific

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provisions of this subchapter, the following words and phrases,

when used in this subchapter shall have, unless the context

clearly indicates otherwise, the meanings given to them in this

section:

* * *

"Firearm eligibility license." A license issued by the

commissioner that authorizes a person to purchase a firearm.

* * *

"Qualified firearm instructor." A certified firearms

instructor who is recognized by the Pennsylvania State Police

and has one of the following:

(1) A valid qualified firearm instructor license issued

by the commissioner.

(2) A certificate issued by a nationally recognized

firearms organization.

* * *

Section 3. Sections 6104, 6105(h) and 6106(a) of Title 18

are amended to read:

§ 6104. Evidence of intent.

In the trial of a person for committing or attempting to

commit a crime enumerated in section 6105 (relating to persons

not to possess, use, manufacture, control, sell or transfer

firearms), the fact that that person was armed with a firearm,

used or attempted to be used, and had no license to possess or

carry the same, shall be evidence of that person's intention to

commit the offense.

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

or transfer firearms.

* * *

(h) License prohibition.--Any person who is prohibited from

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possessing, using, controlling, selling, purchasing,

transferring or manufacturing any firearm under this section

shall not be eligible for or permitted to obtain a license to

carry a firearm under section 6109 (relating to [licenses]

license to carry).

* * *

§ 6106. Firearms not to be carried without a license.

(a) Offense defined.--

(1) Except as provided in paragraph (2), any person who

carries a firearm in any vehicle or any person who carries a

firearm concealed on or about his person, except in his place

of abode or fixed place of business, without a valid and

lawfully issued license [under this chapter] to carry under

section 6109 (relating to license to carry) commits a felony

of the third degree.

(2) A person who is otherwise eligible to possess a

valid license [under this chapter] to carry under section

6109 but carries a firearm in any vehicle or any person who

carries a firearm concealed on or about his person, except in

his place of abode or fixed place of business, without a

valid and lawfully issued license to carry and has not

committed any other criminal violation commits a misdemeanor

of the first degree.

* * *

Section 2 4. Title 18 is amended by adding a section to

read:

§ 6106.2. License not required.

(a) Declaration.--Notwithstanding any other provision of

law, every person present in this Commonwealth WHO IS NOT

PROHIBITED FROM POSSESSING FIREARMS UNDER FEDERAL LAW OR THE

A02926 - 9 -

LAWS OF THIS COMMONWEALTH shall have an affirmative, fundamental

and constitutional right to keep and bear firearms, including

the right to carry openly or concealed, carry loaded or

unloaded, train with, transport, possess, use, acquire,

purchase, transfer, inherit, buy, sell, give or otherwise

dispose of or receive any firearm or self-defense device without

a license , permission or restriction TO CARRY A FIREARM of any

kind from or by this Commonwealth or any of its political

subdivisions.

(b) Optional license.--Obtaining a license to carry a

firearm under this chapter shall be optional. The voluntary

nature of the license shall not be construed to require that any

person obtain a license to carry a firearm under this chapter.

SECTION 2.1. SECTION 6107 OF TITLE 18 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED TO READ:

Section 5. Section 6107 of Title 18 is amended to read:

§ 6107. PROHIBITED CONDUCT DURING EMERGENCY.

[(A) GENERAL RULE.--NO PERSON SHALL CARRY A FIREARM UPON THE

PUBLIC STREETS OR UPON ANY PUBLIC PROPERTY DURING AN EMERGENCY

PROCLAIMED BY A STATE OR MUNICIPAL GOVERNMENTAL EXECUTIVE UNLESS

THAT PERSON IS:

(1) ACTIVELY ENGAGED IN A DEFENSE OF THAT PERSON'S LIFE

OR PROPERTY FROM PERIL OR THREAT.

(2) LICENSED TO CARRY FIREARMS UNDER SECTION 6109

(RELATING TO LICENSES) OR IS EXEMPT FROM LICENSING UNDER

SECTION 6106(B) (RELATING TO FIREARMS NOT TO BE CARRIED

WITHOUT A LICENSE).]

(B) SEIZURE, TAKING AND CONFISCATION.--[EXCEPT AS OTHERWISE

PROVIDED UNDER SUBSECTION (A) AND NOTWITHSTANDING]

NOTWITHSTANDING THE PROVISIONS OF 35 PA.C.S. CH. 73 (RELATING TO

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COMMONWEALTH SERVICES) OR ANY OTHER PROVISION OF LAW TO THE

CONTRARY, NO FIREARM, ACCESSORY OR AMMUNITION MAY BE SEIZED,

TAKEN OR CONFISCATED DURING AN EMERGENCY UNLESS THE SEIZURE,

TAKING OR CONFISCATION WOULD BE AUTHORIZED ABSENT THE EMERGENCY.

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION:

"ACCESSORY." ANY SCOPE, SIGHT, BIPOD, SLING, LIGHT,

MAGAZINE, CLIP OR OTHER RELATED ITEM THAT IS ATTACHED TO OR

NECESSARY FOR THE OPERATION OF A FIREARM.

"FIREARM." THE TERM INCLUDES ANY WEAPON THAT IS DESIGNED TO

OR MAY READILY BE CONVERTED TO EXPEL ANY PROJECTILE BY THE

ACTION OF AN EXPLOSIVE OR THE FRAME OR RECEIVER OF ANY WEAPON.

Section 3 6. Section 6108 of Title 18 is repealed:

[§ 6108. Carrying firearms on public streets or public property

in Philadelphia.

No person shall carry a firearm, rifle or shotgun at any time

upon the public streets or upon any public property in a city of

the first class unless:

(1) such person is licensed to carry a firearm; or

(2) such person is exempt from licensing under section

6106(b) of this title (relating to firearms not to be carried

without a license).]

Section 4 7. Title 18 is amended by adding a section to

read:

§ 6108.1. Sportsman's firearm permit.

(a) Permit allowed.--Any person 18 years of age or older who

has been issued a hunting license, trapping license or fishing

license or who has been issued a permit relating to hunting dogs

may, at the time of obtaining his hunting, trapping or fishing

A02926 - 11 -

license or any time after the license has been issued, obtain a

sportsman's firearm permit from the county treasurer.

(b) Issuance.--The sportsman's firearm permit shall be

issued immediately and shall be valid throughout this

Commonwealth for a period of five years from the date of issue

for any legal firearm when carried in conjunction with a valid

hunting, furtaking or fishing license or permit relating to

hunting dogs.

triplicate on a form to be furnished by the Pennsylvania State

Police. The original permit shall be delivered to the person,

and a copy of the permit shall be forwarded to the Commissioner

of Pennsylvania State Police by the county treasurer within

seven days of the date of delivery. A copy of the permit shall

be retained by the county treasurer for a period of two years

from the date of expiration.

(d) Fee.--The county treasurer may collect a fee of not more

than $6 for each permit issued, which shall include the cost of

any official form. The Pennsylvania State Police may recover

from the county treasurer the cost of the form, but may not

charge more than $1 for each official permit form furnished to

the county treasurer.

(e) Offense.--A person who sells or attempts to sell a

sportsman's firearm permit for a fee in excess of the amount

determined under this section commits a summary offense.

Section 5. Section 6109(a), (b), (c), (d) heading,

introductory paragraph, (3), (4) and (5), (e)(1) introductory

paragraph, (i), (v) and (vii), (3) introductory paragraph and

(ii) and (4), (f)(2) and (4), (g), (h)(3) and (4), (i.1) heading

and (1), (j) and (m.1)(1) introductory paragraph and (ii), (2),

A02926 - 12 -

(3), (4), (7) and (9) of Title 18 are amended to read:

Section 8. Section 6109 heading and (a), (b), (c), (d)

heading, introductory paragraph, (3), (4) and (5), (e)(1)

introductory paragraph, (i), (v) and (vii), (3) introductory

paragraph and (ii) and (4), (f)(2) and (4), (g), (h)(3) and (4),

(i.1) heading and (1), (j) and (m.1)(1) introductory paragraph

and (ii), (2), (3), (4), (7) and (9) of Title 18 are amended,

subsection (d) is amended by adding a paragraph and subsection

(e)(1) and (3) are amended by adding subparagraphs to read:

§ 6109. [Licenses] License to carry.

(a) Purpose of license.--[A license to carry a firearm shall

be for the purpose of carrying a firearm concealed on or about

one's person or in a vehicle throughout this Commonwealth.]

(1) Due to every PERSON PRESENT IN THIS Commonwealth

resident having a fundamental constitutional right to keep

and bear arms, obtaining a license under this section shall

be optional. Nothing in this section shall be construed to

require that a person must obtain a license under this

section in order to carry a concealed firearm.

(2) The voluntary nature of a license to carry a firearm

may not be construed to relieve the issuing authority of the

burden of proof for denying an application for a license.

Issuance of a license to carry a firearm under this section

by the proper authority shall be prima facie evidence that

law enforcement authorities have verified that the individual

is qualified under the law and is not prohibited from

possessing firearms under section 6105 (relating to persons

not to possess, use, manufacture, control, sell or transfer

firearms) or under any other provision of the laws of this

Commonwealth.

A02926 - 13 -

(3) A license to carry a firearm shall be available to

those who wish to carry a firearm openly or concealed on or

about one's person or in a vehicle and shall be valid

throughout this Commonwealth.

(4) A license to carry a firearm shall provide residents

of this Commonwealth A PERSON with the ability to carry a

firearm in any state with which the Commonwealth maintains a

reciprocal agreement for the mutual recognition of licenses

to carry firearms.

(b) Place of application.--An individual [who is 21 years of

age or older] may apply to [a sheriff] the proper issuing

authority for a license to carry a firearm [concealed on or

about his person or in a vehicle] within this Commonwealth. If

the applicant is a resident of this Commonwealth, he shall make

application with the sheriff of the county in which he resides

or, if a resident of a city of the first class, with the chief

of police of that city. If the applicant is not a resident of

this Commonwealth, he shall make application with the sheriff

PROPER ISSUING AUTHORITY of any county.

process for a license to carry a firearm shall be uniform

throughout this Commonwealth and shall be on a form prescribed

by the Pennsylvania State Police. The form may contain

provisions, not exceeding one page, to assure compliance with

this section. Issuing authorities shall use only the application

form prescribed by the Pennsylvania State Police. One of the

following reasons for obtaining a firearm license shall be set

forth in the application: self-defense, employment, hunting and

fishing, target shooting, gun collecting or another proper

reason. The application form shall be dated and signed by the

A02926 - 14 -

applicant and shall contain the following statement:

I am the holder of a valid firearm eligibility license.

I have never been convicted of a crime that prohibits me

from possessing or acquiring a firearm under Federal or

State law. I am of sound mind and have never been

involuntarily committed to a mental institution. In the

alternative my right to possess a firearm has been

legally restored. I hereby certify that the statements

contained herein are true and correct to the best of my

knowledge and belief. I understand that, if I knowingly

make any false statements herein, I am subject to

penalties prescribed by law. I authorize the [sheriff, or

his designee, or, in the case of first class cities, the

chief or head of the police department] issuing

authority, or his designee, to inspect only those records

or documents relevant to information required for this

application. If I am issued a license and knowingly

become ineligible to legally possess or acquire firearms,

I will promptly notify the [sheriff of the county in

which I reside or, if I reside in a city of the first

class, the chief of police of that city] issuing

authority.

(d) [Sheriff to conduct] Pre-issuance investigation.--The

[sheriff] issuing authority to whom the application is made

shall:

* * *

[(3) investigate whether the applicant's character and

reputation are such that the applicant will not be likely to

act in a manner dangerous to public safety;]

(4) investigate whether the applicant would be precluded

A02926 - 15 -

from receiving a license under subsection (e)(1) or section

6105(h) [(relating to persons not to possess, use,

manufacture, control, sell or transfer firearms)]; and];

(5) conduct a criminal background, juvenile delinquency

and mental health check [following the procedures set forth

in section 6111 (relating to sale or transfer of firearms),

receive] by contacting the National Instant Criminal

Background Check System and must have received a unique

approval number for that inquiry and record the date and

number on the application[.]; and

(6) confirm with the Pennsylvania State Police that the

applicant holds a valid firearm eligibility license.

(e) Issuance of license.--

(1) A license to carry a firearm shall be [for the

purpose of carrying a firearm concealed on or about one's

person or in a vehicle and shall be issued if,] issued after

an investigation not to exceed [45] 14 calendar days, [it

appears that the applicant is an individual concerning whom

no] unless good cause exists to deny the license. A license

shall not be issued to any of the following:

[(i) An individual whose character and reputation is

such that the individual would be likely to act in a

manner dangerous to public safety.]

* * *

(v) An individual who is not of sound mind or who

has ever been involuntarily committed to a mental

institution[.], unless the involuntary commitment has

been expunged, vacated or granted relief from a

prohibition to possess a firearm.

* * *

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[(vii) An individual who is a habitual drunkard.]

* * *

(xv) An individual who does not possess a valid

firearm eligibility license under section 6109.1

(relating to firearm eligibility license).

(3) The license to carry a firearm shall be designed to

be uniform throughout this Commonwealth and shall be in a

form prescribed by the Pennsylvania State Police. The license

shall bear the following:

* * *

(ii) The signature of the [sheriff] authority

issuing the license.

* * *

(vii) The number of the licensee's firearm

eligibility license.

(4) The [sheriff] issuing authority shall require a

photograph of the licensee on the license. The photograph

shall be in a form compatible with the Commonwealth Photo

Imaging Network.

* * *

(f) Term of license.--

* * *

(2) At least 60 days prior to the expiration of each

license, the issuing [sheriff] authority shall send to the

licensee an application for renewal of license. Failure to

receive a renewal application shall not relieve a licensee

from the responsibility to renew the license.

* * *

[(4) Possession of a license, together with a copy of

the person's military orders showing the dates of overseas

A02926 - 17 -

deployment, including the date that the overseas deployment

ends, shall constitute, during the extension period specified

in paragraph (3), a defense to any charge filed pursuant to

section 6106 (relating to firearms not to be carried without

a license) or 6108 (relating to carrying firearms on public

streets or public property in Philadelphia).]

(g) Grant or denial of license.--Upon the receipt of an

application for a license to carry a firearm, the [sheriff]

issuing authority shall, within [45] 14 calendar days, issue or

refuse to issue a license on the basis of the investigation

under subsection (d) and the accuracy of the information

contained in the application. If the [sheriff] issuing authority

refuses to issue a license, the [sheriff] issuing authority

shall notify the applicant in writing of the refusal and the

specific reasons. The notice shall be sent by certified mail to

the applicant at the address set forth in the application.

(h) Fee.--

* * *

(3) An additional fee of $1 shall be paid by the

applicant for a license to carry a firearm and shall be

remitted by the [sheriff] issuing authority to the Firearms

License Validation System Account, which is hereby

established as a special restricted receipt account within

the General Fund of the State Treasury. The account shall be

used for purposes under subsection (l). Moneys credited to

the account and any investment income accrued are hereby

appropriated on a continuing basis to the Pennsylvania State

Police.

(4) No fee other than that provided by this subsection

or the Sheriff Fee Act may be assessed by the [sheriff]

A02926 - 18 -

issuing authority for the performance of any background check

made pursuant to this act.

* * *

(i.1) Notice to [sheriff] issuing authority.--

Notwithstanding any statute to the contrary:

(1) Upon conviction of a person for a crime specified in

section 6105(a) or (b) or upon conviction of a person for a

crime punishable by imprisonment exceeding one year or upon a

determination that the conduct of a person meets the criteria

specified in section 6105(c)(1), (2), (3), (5), (6) or (9),

the court shall determine if the defendant has a license to

carry firearms issued pursuant to this section. If the

defendant has such a license, the court shall notify the

[sheriff of the county in which that person resides] issuing

authority, on a form developed by the Pennsylvania State

Police, of the identity of the person and the nature of the

crime or conduct which resulted in the notification. The

notification shall be transmitted by the judge within seven

days of the conviction or determination.

* * *

(j) Immunity.--[A sheriff] An issuing authority who complies

in good faith with this section shall be immune from liability

resulting or arising from the action or misconduct with a

firearm committed by any individual to whom a license to carry a

firearm has been issued.

* * *

(m.1) Temporary emergency licenses.--

(1) A person seeking a temporary emergency license to

carry a concealed firearm shall submit to the [sheriff]

issuing authority of the county in which the person resides

A02926 - 19 -

all of the following:

* * *

(ii) A sworn affidavit that contains the information

required on an application for a license to carry a

firearm and attesting that the person is 21 years of age

or older, is not prohibited from owning firearms under

section 6105 [(relating to persons not to possess, use,

manufacture, control, sell or transfer firearms)] or any

other Federal or State law and is not currently subject

to a protection from abuse order or a protection order

issued by a court of another state.

* * *

(2) Upon receipt of the items required under paragraph

(1), the [sheriff] issuing authority immediately shall

conduct a criminal history, juvenile delinquency and mental

health record check of the applicant pursuant to section

6105. Immediately upon receipt of the results of the records

check, the [sheriff] issuing authority shall review the

information and shall determine whether the applicant meets

the criteria set forth in this subsection. If the [sheriff]

issuing authority determines that the applicant has met all

of the criteria, the [sheriff] issuing authority shall

immediately issue the applicant a temporary emergency license

to carry a concealed firearm.

(3) If the [sheriff] issuing authority refuses to issue

a temporary emergency license, the [sheriff] issuing

authority shall specify the grounds for the denial in a

written notice to the applicant. The applicant may appeal the

denial or challenge criminal records check results that were

the basis of the denial, if applicable, in the same manner as

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a denial of a license to carry a firearm under this section.

(4) A temporary emergency license issued under this

subsection shall be valid for [45] 14 days and may not be

renewed. A person who has been issued a temporary emergency

license under this subsection shall not be issued another

temporary emergency license unless at least five years have

expired since the issuance of the prior temporary emergency

license. During the [45] 14 days the temporary emergency

license is valid, the [sheriff] issuing authority shall

conduct an additional investigation of the person for the

purposes of determining whether the person may be issued a

license pursuant to this section. If, during the course of

this investigation, the [sheriff] issuing authority discovers

any information that would have prohibited the issuance of a

license pursuant to this section, the [sheriff] issuing

authority shall be authorized to revoke the temporary

emergency license as provided in subsection (i).

* * *

(7) [A sheriff] An issuing authority who issues a

temporary emergency license to carry a firearm shall retain,

for the entire period during which the temporary emergency

license is in effect, the evidence of imminent danger that

the applicant submitted to the [sheriff] issuing authority

that was the basis for the license, or a copy of the

evidence, as appropriate.

* * *

(9) Prior to the expiration of a temporary emergency

license, if the [sheriff] issuing authority has determined

pursuant to investigation that the person issued a temporary

emergency license is not disqualified and if the temporary

A02926 - 21 -

emergency license has not been revoked pursuant to subsection

(i), the [sheriff] issuing authority shall issue a license

pursuant to this section that is effective for the balance of

the five-year period from the date of the issuance of the

temporary emergency license. Records and all other

information, duties and obligations regarding such licenses

shall be applicable as otherwise provided in this section.

* * *

Section 6. Section 6122 of Title 18 is repealed:

[§ 6122. Proof of license and exception.

(a) General rule.--When carrying a firearm concealed on or

about one's person or in a vehicle, an individual licensed to

carry a firearm shall, upon lawful demand of a law enforcement

officer, produce the license for inspection. Failure to produce

such license either at the time of arrest or at the preliminary

hearing shall create a rebuttable presumption of nonlicensure.

(b) Exception.--An individual carrying a firearm on or about

his person or in a vehicle and claiming an exception under

section 6106(b) (relating to firearms not to be carried without

a license) shall, upon lawful demand of a law enforcement

officer, produce satisfactory evidence of qualification for

exception.]

Section 7. This act shall take effect in 60 days.

Section 9. Title 18 is amended by adding sections to read:

§ 6109.1. Firearm eligibility license.

(a) Required.--Except as provided in subsection (b), a

firearm eligibility license shall be required to own or possess

a firearm within this Commonwealth.

(b) Exception.--Subsection (a) may not apply to any of the

following:

A02926 - 22 -

(1) A licensed firearms manufacturer.

(2) A dealer licensed under section 6113 (relating to

licensing of dealers).

(3) A law enforcement officer or person who is retired

in good standing from service with a law enforcement agency

of the United States, this Commonwealth or a local law

enforcement agency of this Commonwealth.

(4) A member or retired member of the armed forces of

the United States or the Pennsylvania National Guard.

(5) A person purchasing an antique firearm as defined in

section 6118 (relating to antique firearms) or reproductions

or replicas of firearms if the antique firearm, reproduction

or replica is not suitable for use.

§ 6109.2. Application for firearm eligibility license.

(a) Place of application.--An individual may apply to an

issuing authority for a firearm eligibility license. If the

applicant is a resident of this Commonwealth, the applicant must

apply with the sheriff of the county in which the applicant

resides. If the applicant lives in a city of the first class,

the applicant must apply with the chief of police of the city.

(b) Form of application and content.--The application for a

firearm eligibility license shall be uniform across this

Commonwealth and shall be on a form prescribed by the

Pennsylvania State Police. Each application shall be signed and

dated by the applicant. The form may contain provisions, not

exceeding one page, to assure compliance with this section.

Issuing authorities shall use only the application form

prescribed by the Pennsylvania State Police. The application

shall contain the following statement:

I have never been convicted of a crime that prohibits me

A02926 - 23 -

from possessing or acquiring a firearm under Federal or

State law. I am of sound mind and have never been

committed to a mental institution. I hereby certify that

the statements contained herein are true and correct to

the best of my knowledge and belief. I understand that,

if I knowingly make any false statement herein, I am

subject to penalties prescribed by law. I authorize the

sheriff or the sheriff's designee, or the chief of the

police department or the chief's designee, to inspect

only those records or documents relevant to the

information required for this application. If I am issued

a license and knowingly become ineligible to legally

possess or acquire firearms, I will promptly notify the

sheriff of the county in which I reside or, if I reside

in a city of the first class, the chief of police of that

city.

§ 6109.3. Fee and qualification.

(a) Firearm eligibility license fee.--

(1) The fees for a firearm eligibility license are as

follows:

(i) Fifty dollars for the original license.

(ii) Thirty dollars for a license renewal which

includes the following:

(A) A renewal processing fee of $1.50.

(B) An administrative fee of $5 under section

14(2) of the act of July 6, 1984 (P.L.614, No.127),

known as the Sheriff Fee Act.

completing the background investigation under section

6109.2(b) (relating to application for firearm

A02926 - 24 -

eligibility license). This fee shall be deposited

into the Firearms Instant Records Check Fund under

section 6111.2 (relating to firearms sales

surcharge).

(2) All license fees remaining after the deduction under

paragraph (1) shall be deposited in the General Fund.

(3) No fee other than under this section or the Sheriff

Fee Act may be assessed by the issuing authority for the cost

of a background check performed in the process of issuing a

firearm eligibility license.

(b) Qualifications for license.--The issuing authority shall

issue a firearm eligibility license to an applicant who meets

the following criteria:

(1) Is at least 18 years of age.

(2) Is a resident of this Commonwealth.

(3) Within three years prior to the submission of the

application, demonstrates satisfactory completion of a

certified firearms training course approved by the

commissioner that includes all the following:

(i) A minimum of 16 hours of instruction by a

qualified firearm instructor.

(ii) Classroom instruction on all the following:

(A) Commonwealth firearm law.

(B) Home firearm safety.

(iii) A firearms orientation component that

demonstrates the person's safe operation, handling and

use of a firearm.

(4) Is not prohibited by Federal or State law from

purchasing or possessing a firearm. For purposes of

A02926 - 25 -

determining this, the following shall apply:

(i) The applicant shall provide a full set of

fingerprints to the Pennsylvania State Police.

(ii) The Pennsylvania State Police shall submit the

fingerprints to the Federal Bureau of Investigation to

verify the identity of the applicant and obtain a current

record of criminal arrests and convictions.

§ 6109.4. Investigations and training course.

(a) Firearms training course.--The commissioner has the

following powers and duties:

(1) To promulgate guidelines setting forth the

requirements to become a qualified firearm instructor in this

Commonwealth.

(2) To designate any program as a certified firearm

training course if the program meets the minimum requirements

established by the commissioner.

(b) Waiver of training course.--An applicant for a firearm

eligibility license is not required to complete a firearm safety

training course under subsection (a) if the applicant is any of

the following:

(1) A qualified firearm instructor.

(2) A member or honorably discharged member of the armed

forces of the United States or the National Guard.

(3) A police officer, as defined in 53 Pa.C.S. § 2162

(relating to definitions) who is certified under 53 Pa.C.S.

Ch. 21 Subch. D (relating to municipal police education and

training). The term includes a school police officer

appointed under section 1302-C of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949.

(4) An active or retired Federal or State law

A02926 - 26 -

enforcement officer.

(5) Certified under 61 Pa.C.S. Ch. 63 (relating to

county probation officers' firearm education and training).

(6) A Commonwealth or county corrections officer or

probation or parole agent.

(7) A county sheriff, deputy sheriff or constable.

(8) The lawful owner of a firearm prior to the effective

date of this subsection.

the application is made shall:

(1) Investigate the applicant's record of criminal

conviction.

(2) Review the applicant's completed Federal criminal

history check.

(3) Investigate whether the applicant would be precluded

from or is prohibited from possessing, using, controlling,

selling, purchasing, transferring or manufacturing a firearm

under section 6105 (relating to persons not to possess, use,

manufacture, control, sell or transfer firearms).

(4) Conduct a criminal background, juvenile delinquency

and mental health check following the procedures specified in

section 6111 (relating to sale or transfer of firearms),

receive a unique approval number for that inquiry and record

the date and number on the application.

(d) Notice to issuing authority.--Notwithstanding any other

law, a court, mental health review officer or county

administrator for mental health and intellectual disability

services shall notify the issuing authority of the county or

city in which an individual holds a firearm eligibility license

on a form prescribed by the Pennsylvania State Police within

A02926 - 27 -

seven days of the individual's conviction or adjudication or

upon determination of any of the following:

(1) A crime specified in section 6105(a) or (b).

(2) A crime punishable by imprisonment exceeding one

year.

(3) Conduct that meets the criteria of section 6105(c)

(1), (2), (3), (5), (6) or (9).

(4) Incompetency.

(5) Involuntary commitment to a mental institution for

inpatient care and treatment under the act of July 9, 1976

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

(6) Involuntary treatment for an individual meeting the

criteria of section 6105(c)(4).

(e) Immunity.--An issuing authority which complies in good

faith with this section shall be immune from liability resulting

or arising from the action of misconduct with a firearm

committed by an individual who was issued a firearm eligibility

license.

(f) Definition.--As used in this section, the term "issuing

authority" shall mean a county sheriff or chief of police of a

city of the the first class.

§ 6109.5. Issuance and terms.

(a) Issuance of license.--

(1) If the applicant meets the requirements of this

section, a firearm eligibility license shall be issued. A

license shall not be issued to an individual who is

prohibited from possessing, using, controlling, selling,

purchasing, transferring or manufacturing a firearm under

section 6105 (relating to persons not to possess, use,

manufacture, control, sell or transfer firearms) or under any

A02926 - 28 -

other Federal or State law.

(2) The firearm eligibility license shall be designed to

be uniform throughout this Commonwealth and shall be in a

form prescribed by the Pennsylvania State Police. The license

shall bear the following:

(i) The name, address, date of birth, race, sex,

citizenship, height, weight, color of hair, color of eyes

and signature of the licensee.

(ii) The signature of the issuing authority.

(iii) A license number of which the first two

numbers shall be a county location code. The remaining

numbers shall be issued in numerical sequence.

(iv) The period of validation.

(3) The firearm eligibility license shall include a

photograph of the licensee. The photograph shall be in a form

compatible with the Commonwealth Photo Imaging Network.

(4) The original firearm eligibility license shall be

issued to the applicant. The first copy of the license shall

be forwarded to the Pennsylvania State Police within seven

days of the date of issuance. The second copy shall be

retained by the issuing authority for a period of seven

years. Except under a court order, both copies and the

application shall, at the end of the seven-year period, be

destroyed unless the license has been renewed.

(b) Grant or denial of license.--Upon receipt of an

application for a firearm eligibility license, the issuing

authority shall issue or refuse to issue within 30 days a

license on the basis of the investigation under subsection (d)

and the accuracy of the information contained in the

application. If the issuing authority refuses to issue a

A02926 - 29 -

license, the issuing authority shall notify the applicant in