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A00453
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.--
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* * *
(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.
* * *
(c) Other persons.--In addition to any person who has been
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.
(c) Effect of service.--An extreme risk protection order is
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.
(c) Factors.--In determining whether grounds exist to issue
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.
(c) Duration.--An interim extreme risk protection order
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.
(c) Failure to appear.--If the respondent waives the right
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.
(c) Contents of order.--The order shall include:
(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.
(c) Hearing.--The court shall conduct a hearing and issue an
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.
(c) Subsequent relinquishment.--A respondent shall, within
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.
(c) Background check.--Prior to returning a firearm to any
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. False allegations
by petitioner.
(a) Offense.--It shall be a felony of the third degree for a
petitioner to knowingly, intentionally or recklessly make a
false statement under this section for an improper purpose.
(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
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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.
§ 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.
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(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.
(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
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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
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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