PRINTER'S NO. 2174
No. 1717 Session of 2005
INTRODUCED BY TRUE, MANDERINO, ADOLPH, ALLEN, ARGALL, BAKER,
BALDWIN, BEBKO-JONES, BELARDI, BISHOP, BLACKWELL, BOYD, BUNT,
BUTKOVITZ, BUXTON, CAWLEY, CIVERA, CLYMER, COHEN, CORNELL,
CRAHALLA, CURRY, DALLY, DeWEESE, DiGIROLAMO, EACHUS,
J. EVANS, FABRIZIO, FAIRCHILD, FEESE, FLICK, FORCIER,
FRANKEL, FREEMAN, GANNON, GEIST, GEORGE, GERBER, GERGELY,
GINGRICH, GODSHALL, GOOD, GRELL, HARHART, HARPER, HARRIS,
HENNESSEY, HERSHEY, HICKERNELL, HUTCHINSON, JAMES, JOSEPHS,
KAUFFMAN, M. KELLER, W. KELLER, KENNEY, KILLION, LaGROTTA,
LEACH, LEDERER, MACKERETH, MAHER, MAITLAND, MAJOR, MANN,
McCALL, McGEEHAN, McGILL, McILHATTAN, McILHINNEY, METCALFE,
MICOZZIE, R. MILLER, MUNDY, NAILOR, NICKOL, O'BRIEN, OLIVER,
O'NEILL, PERZEL, PHILLIPS, PICKETT, PISTELLA, PRESTON, PYLE,
QUIGLEY, RAYMOND, REED, REICHLEY, RIEGER, ROEBUCK, ROONEY,
ROSS, RUBLEY, SANTONI, SAYLOR, SCHRODER, SHAPIRO, SIPTROTH,
B. SMITH, S. H. SMITH, SOLOBAY, STABACK, STEIL, STERN,
STETLER, T. STEVENSON, STURLA, TANGRETTI, E. Z. TAYLOR,
J. TAYLOR, THOMAS, VEON, WALKO, WATSON, WHEATLEY, WILLIAMS,
WRIGHT, YOUNGBLOOD, ZUG, ARMSTRONG, RAPP, MUSTIO, McNAUGHTON
AND GABIG, JUNE 13, 2005
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 13, 2005
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 23 (Domestic
2 Relations) of the Pennsylvania Consolidated Statutes, further
3 providing for persons not to possess, use, manufacture,
4 control, sell or transfer firearms, for firearms not to be
5 carried without licenses, for licenses, for loans, lending or
6 giving of firearms, for definitions, for jurisdiction, for
7 full faith and credit and foreign protection orders, for
8 responsibilities of law enforcement agencies, for
9 commencement of proceedings, for hearings and for relief;
10 providing for return of relinquished firearms, other weapons
11 and ammunition, for relinquishment for consignment sale or
12 lawful transfer, for relinquishment to third party for
13 safekeeping and for registry or database of firearm
14 ownership; further providing for emergency relief by minor
15 judiciary, for arrest for violation of order, for private
16 criminal complaints for violation of order or agreement, for
1 contempt for violation of order or agreement and for
2 procedures and other remedies; and providing for immunity,
3 for inability to pay and for limitation on warrantless
4 searches.
5 The General Assembly finds and declares as follows:
6 (1) The provisions of 23 Pa.C.S. Ch. 61 (relating to
7 protection from abuse) are necessary and proper in that they
8 further the Commonwealth's compelling State interest to
9 protect victims of domestic violence from abuse.
10 (2) The Second Amendment to the Constitution of the
11 United States and section 21 of Article I of the Constitution
12 of Pennsylvania recognize a fundamental right to keep and
13 bear arms.
14 (3) The limitation of firearm rights for the duration of
15 a protection from abuse order as authorized by 23 Pa.C.S. Ch.
16 61 is a reasonable regulation, a valid exercise of the police
17 power of the Commonwealth and furthers the compelling State
18 interest to protect victims from abuse.
19 (4) As provided in 23 Pa.C.S. Ch. 61 a court may impose
20 limitations on firearm rights prohibiting someone who has
21 engaged in domestic violence from possessing firearms when
22 the court deems it appropriate to do so in order to protect a
23 victim.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Section 6102 of Title 18 of the Pennsylvania
27 Consolidated Statutes is amended by adding definitions to read:
28 § 6102. Definitions.
29 Subject to additional definitions contained in subsequent
30 provisions of this subchapter which are applicable to specific
31 provisions of this subchapter, the following words and phrases,
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1 when used in this subchapter shall have, unless the context
2 clearly indicates otherwise, the meanings given to them in this
3 section:
4 * * *
5 "Commonwealth Photo Imaging Network." The computer network
6 administered by the Commonwealth and used to record and store
7 digital photographs of an individual's face and any scars,
8 marks, tattoos or other unique features of the individual.
9 * * *
10 "Pennsylvania Sheriffs' Association." The State association
11 of sheriffs authorized by the act of June 14, 1923 (P.L.774,
12 No.305), entitled "An act authorizing the sheriffs of the
13 several counties of this Commonwealth to organize themselves
14 into a State Association, for the purpose of holding annual
15 meetings, to secure more uniformity and cooperation in the
16 conduct of their offices, and providing for the payment of
17 certain expenses in connection with such meetings by the various
18 counties."
19 "Safekeeping permit." As defined in 23 Pa.C.S. § 6102
20 (relating to definitions).
21 * * *
22 Section 2. Section 6105(a), (a.1), (c)(6), (d), (e)(1) and
23 (f)(2) and (4) of Title 18 are amended and subsection (c) is
24 amended by adding a paragraph to read:
25 § 6105. Persons not to possess, use, manufacture, control, sell
26 or transfer firearms.
27 (a) Offense defined.--
28 (1) A person who has been convicted of an offense
29 enumerated in subsection (b), within or without this
30 Commonwealth, regardless of the length of sentence or whose
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1 conduct meets the criteria in subsection (c) shall not
2 possess, use, control, sell, transfer or manufacture or
3 obtain a license to possess, use, control, sell, transfer or
4 manufacture a firearm in this Commonwealth.
5 (2) (i) A person who is prohibited from possessing,
6 using, controlling, selling, transferring or
7 manufacturing a firearm under paragraph (1) or subsection
8 (b) or (c) shall have a reasonable period of time, not
9 to exceed 60 days from the date of the imposition of the
10 disability under this subsection, in which to sell or
11 transfer that person's firearms to another eligible
12 person who is not a member of the prohibited person's
13 household.
14 (ii) This paragraph shall not apply to any person
15 whose disability is imposed pursuant to subsection
16 (c)(6).
17 (a.1) Penalty.--[Any]
18 (1) A person convicted of a felony enumerated under
19 subsection (b) or a felony under the act of April 14, 1972
20 (P.L.233, No.64), known as The Controlled Substance, Drug,
21 Device and Cosmetic Act, or any equivalent Federal statute or
22 equivalent statute of any other state, who violates
23 subsection (a) commits a felony of the second degree.
24 (2) A person who is the subject of an active protection
25 from abuse order issued pursuant to 23 Pa.C.S. § 6108
26 (relating to relief), which order provided for the
27 relinquishment of firearms, other weapons or ammunition
28 during the period of time the order is in effect commits a
29 misdemeanor of the first degree if he intentionally or
30 knowingly fails to relinquish a firearm, other weapon or
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1 ammunition to the sheriff as required by the order unless, in
2 lieu of relinquishment, he provides an affidavit which lists
3 the firearms, other weapons or ammunition to the sheriff in
4 accordance with either 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2
5 (relating to relinquishment for consignment sale, lawful
6 transfer or safekeeping) or 6108.3 (relating to
7 relinquishment to third party for safekeeping).
8 (3) (i) A person commits a misdemeanor of the third
9 degree if he intentionally or knowingly accepts
10 possession of a firearm, other weapon or ammunition from
11 a person he knows is the subject of an active protection
12 from abuse order issued pursuant to 23 Pa.C.S. § 6108,
13 which order provided for the relinquishment of the
14 firearm, other weapon or ammunition during the period of
15 time the order is in effect.
16 (ii) This paragraph shall not apply to:
17 (A) a third party who accepts possession of a
18 firearm, other weapon or ammunition relinquished
19 pursuant to 23 Pa.C.S. § 6108.3; or
20 (B) a dealer licensed pursuant to section 6113
21 (relating to licensing of dealers) or subsequent
22 purchaser from a dealer licensed pursuant to section
23 6113, who accepts possession of a firearm, other
24 weapon or ammunition relinquished pursuant to 23
25 Pa.C.S. § 6108.2.
26 (4) It shall be an affirmative defense to any
27 prosecution under paragraph (3) that the person accepting
28 possession of a firearm, other weapon or ammunition in
29 violation of paragraph (3):
30 (i) notified the sheriff as soon as practicable that
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1 he has taken possession; and
2 (ii) relinquished possession of any firearm, other
3 weapon or ammunition possessed in violation of paragraph
4 (3) as directed by the sheriff.
5 (5) A person who has accepted possession of a firearm,
6 other weapon or ammunition pursuant to 23 Pa.C.S. § 6108.3
7 commits a misdemeanor of the first degree if he intentionally
8 or knowingly returns a firearm, other weapon or ammunition to
9 a defendant or intentionally or knowingly allows a defendant
10 to have access to the firearm, other weapon or ammunition
11 prior to either of the following:
12 (i) The sheriff accepts return of the safekeeping
13 permit issued to the party pursuant to 23 Pa.C.S. §
14 6108.3(d)(1)(i).
15 (ii) The issuance of a court order pursuant to
16 subsection (f)(2) or 23 Pa.C.S. § 6108.1(b) (relating to
17 return of relinquished firearms, other weapons or
18 ammunition) which modifies a valid protection from abuse
19 order issued pursuant to 23 Pa.C.S. § 6108, which order
20 provided for the relinquishment of the firearm, other
21 weapon or ammunition, by allowing the defendant to take
22 possession of the firearm, other weapon or ammunition
23 that had previously been ordered relinquished.
24 * * *
25 (c) Other persons.--In addition to any person who has been
26 convicted of any offense listed under subsection (b), the
27 following persons shall be subject to the prohibition of
28 subsection (a):
29 * * *
30 (6) A person who is the subject of an active protection
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1 from abuse order issued pursuant to 23 Pa.C.S. § 6108
2 [(relating to relief)], which order provided for the
3 [confiscation] relinquishment of firearms during the period
4 of time the order is in effect. This prohibition shall
5 terminate upon the expiration or vacation of an active
6 protection from abuse order or portion thereof relating to
7 the [confiscation] relinquishment of firearms.
8 * * *
9 (9) A person who is prohibited from possessing or
10 acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to
11 unlawful acts). If the offense which resulted in the
12 prohibition under 18 U.S.C. § 922(g)(9) was committed, as
13 provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to
14 definitions), by a person in any of the following
15 relationships:
16 (i) the current or former spouse, parent or guardian
17 of the victim;
18 (ii) a person with whom the victim shares a child in
19 common;
20 (iii) a person who cohabits with or has cohabited
21 with the victim as a spouse, parent or guardian; or
22 (iv) a person similarly situated to a spouse, parent
23 or guardian of the victim;
24 then the relationship need not be an element of the offense
25 to meet the requirements of this paragraph.
26 (d) Exemption.--A person who has been convicted of a crime
27 specified in subsection (a) or (b) or a person whose conduct
28 meets the criteria in subsection (c)(1), (2), (5) [or (7)], (7)
29 or (9) may make application to the court of common pleas of the
30 county where the principal residence of the applicant is
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1 situated for relief from the disability imposed by this section
2 upon the possession, transfer or control of a firearm. The court
3 shall grant such relief if it determines that any of the
4 following apply:
5 (1) The conviction has been vacated under circumstances
6 where all appeals have been exhausted or where the right to
7 appeal has expired.
8 (2) The conviction has been the subject of a full pardon
9 by the Governor.
10 (3) Each of the following conditions is met:
11 (i) The Secretary of the Treasury of the United
12 States has relieved the applicant of an applicable
13 disability imposed by Federal law upon the possession,
14 ownership or control of a firearm as a result of the
15 applicant's prior conviction, except that the court may
16 waive this condition if the court determines that the
17 Congress of the United States has not appropriated
18 sufficient funds to enable the Secretary of the Treasury
19 to grant relief to applicants eligible for the relief.
20 (ii) A period of ten years, not including any time
21 spent in incarceration, has elapsed since the most recent
22 conviction of the applicant of a crime enumerated in
23 subsection (b) [or], a felony violation of The Controlled
24 Substance, Drug, Device and Cosmetic Act or the offense
25 which resulted in the prohibition under 18 U.S.C. §
26 922(g)(9).
27 (e) Proceedings.--
28 (1) If a person convicted of an offense under subsection
29 (a), (b) or (c)(1), (2), (5) [or (7)], (7) or (9) makes
30 application to the court, a hearing shall be held in open
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1 court to determine whether the requirements of this section
2 have been met. The commissioner and the district attorney of
3 the county where the application is filed and any victim or
4 survivor of a victim of the offense upon which the disability
5 is based may be parties to the proceeding.
6 * * *
7 (f) Other exemptions and proceedings.--
8 * * *
9 (2) If application is made under this subsection for
10 relief from the disability imposed under subsection (c)(6),
11 notice of such application shall be given to the person who
12 had petitioned for the protection from abuse order, and such
13 person shall be a party to the proceedings. Notice of any
14 court order or amendment to a court order restoring firearms
15 possession or control shall be given to the person who had
16 petitioned for the protection from abuse order[.], to the
17 sheriff and to the Pennsylvania State Police. The application
18 and any proceedings on the application shall comply with 23
19 Pa.C.S. Ch. 61 (relating to abuse of family).
20 * * *
21 (4) (i) The owner of any seized or confiscated firearms
22 or of any firearms ordered relinquished under 23 Pa.C.S.
23 § 6108 shall be provided with a signed and dated written
24 receipt by the appropriate law enforcement agency. This
25 receipt shall include, but not limited to, a detailed
26 identifying description indicating the serial number and
27 condition of the firearm. In addition, the appropriate
28 law enforcement agency shall be liable to the lawful
29 owner of said confiscated [or], seized or relinquished
30 firearm for any loss, damage or substantial decrease in
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1 value of said firearm that is a direct result of a lack
2 of reasonable care by the appropriate law enforcement
3 agency.
4 (ii) Firearms shall not be engraved or permanently
5 marked in any manner, including, but not limited to,
6 engraving of evidence or other identification numbers.
7 Unless reasonable suspicion exists to believe that a
8 particular firearm has been used in the commission of a
9 crime, no firearm shall be test fired. Any reduction in
10 the value of a firearm due to test firing, engraving or
11 permanently marking in violation of this paragraph shall
12 be considered damage and the law enforcement agency shall
13 be liable to the lawful owner of the firearm for the
14 reduction in value caused by the test firing, engraving
15 or permanently marking.
16 (iii) For purposes of this paragraph, the term
17 "firearm" shall include any scope, sight, bipod, sling,
18 light, magazine, clip, ammunition or other firearm
19 accessory attached to or seized, confiscated or
20 relinquished with a firearm.
21 * * *
22 Section 3. Sections 6106(b) and 6109(c), (d), (e), (h), (i)
23 and (k) of Title 18 are amended and the sections are amended by
24 adding subsections to read:
25 § 6106. Firearms not to be carried without a license.
26 * * *
27 (b) Exceptions.--The provisions of subsection (a) shall not
28 apply to:
29 (1) Constables, sheriffs, prison or jail wardens, or
30 their deputies, policemen of this Commonwealth or its
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1 political subdivisions, or other law-enforcement officers.
2 (2) Members of the army, navy [or], marine corps, air
3 force or coast guard of the United States or of the National
4 Guard or organized reserves when on duty.
5 (3) The regularly enrolled members of any organization
6 duly organized to purchase or receive such [weapons] firearms
7 from the United States or from this Commonwealth.
8 (4) Any persons engaged in target shooting with [rifle,
9 pistol, or revolver] a firearm, if such persons are at or are
10 going to or from their places of assembly or target practice
11 and if, while going to or from their places of assembly or
12 target practice, [the cartridges or shells are carried in a
13 separate container and the rifle, pistol or revolver is
14 unloaded] the firearm is not loaded.
15 (5) Officers or employees of the United States duly
16 authorized to carry a concealed firearm.
17 (6) Agents, messengers and other employees of common
18 carriers, banks, or business firms, whose duties require them
19 to protect moneys, valuables and other property in the
20 discharge of such duties.
21 (7) Any person engaged in the business of manufacturing,
22 repairing, or dealing in firearms, or the agent or
23 representative of any such person, having in his possession,
24 using or carrying a firearm in the usual or ordinary course
25 of such business.
26 (8) Any person while carrying a firearm [unloaded and]
27 which is not loaded and is in a secure wrapper from the place
28 of purchase to his home or place of business, or to a place
29 of repair, sale or appraisal or back to his home or place of
30 business, or in moving from one place of abode or business to
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1 another or from his home to a vacation or recreational home
2 or dwelling or back, or to recover stolen property under
3 section 6111.1(b)(4) (relating to Pennsylvania State Police),
4 or to a place of instruction intended to teach the safe
5 handling, use or maintenance of firearms or back or to a
6 location to which the person has been directed to [surrender]
7 relinquish firearms under 23 Pa.C.S. § 6108 (relating to
8 relief) or back upon return of the [surrendered firearm.]
9 relinquished firearm or to a licensed dealer's place of
10 business for relinquishment pursuant to 23 Pa.C.S § 6108.2
11 (relating to relinquishment for consignment sale, lawful
12 transfer or safekeeping) or back upon return of the
13 relinquished firearm or to a location for safekeeping
14 pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment
15 to third party for safekeeping) or back upon return of the
16 relinquished firearm.
17 (9) Persons licensed to hunt, take furbearers or fish in
18 this Commonwealth, if such persons are actually hunting,
19 taking furbearers or fishing as permitted by such license, or
20 are going to the places where they desire to hunt, take
21 furbearers or fish or returning from such places.
22 (10) Persons training dogs, if such persons are actually
23 training dogs during the regular training season.
24 (11) Any person while carrying a firearm in any vehicle,
25 which person possesses a valid and lawfully issued license
26 for that firearm which has been issued under the laws of the
27 United States or any other state.
28 (12) A person who has a lawfully issued license to carry
29 a firearm pursuant to section 6109 (relating to licenses) and
30 that said license expired within six months prior to the date
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1 of arrest and that the individual is otherwise eligible for
2 renewal of the license.
3 (13) Any person who is otherwise eligible to possess a
4 firearm under this chapter and who is operating a motor
5 vehicle which is registered in the person's name or the name
6 of a spouse or parent and which contains a firearm for which
7 a valid license has been issued pursuant to section 6109 to
8 the spouse or parent owning the firearm.
9 (14) A person lawfully engaged in the interstate
10 transportation of a firearm as defined under 18 U.S.C §
11 921(a)(3) (relating to definitions) in compliance with 18
12 U.S.C. § 926A (relating to interstate transportation of
13 firearms).
14 (15) Any person who possesses a valid and lawfully
15 issued license or permit to carry a firearm which has been
16 issued under the laws of another state or jurisdiction,
17 regardless of whether a reciprocity agreement exists between
18 the Commonwealth and the state or jurisdiction under section
19 6109(k), provided:
20 (i) The state or jurisdiction provides a reciprocal
21 privilege for individuals licensed to carry firearms
22 under section 6109.
23 (ii) The Attorney General has determined that the
24 firearm laws of the state or jurisdiction are similar to
25 the firearm laws of this Commonwealth.
26 * * *
27 (e) Definitions.--
28 (1) For purposes of subsection (b)(3), (4), (5), (7) and
29 (8), the term "firearm" shall include any weapon which is
30 designed to or may readily be converted to expel any
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1 projectile by the action of an explosive or the frame or
2 receiver of the weapon.
3 (2) As used in this section, the phrase "place of
4 instruction" shall include any hunting club, rifle club,
5 rifle range, pistol range, shooting range, the premises of a
6 licensed firearms dealer or a lawful gun show or meet.
7 § 6109. Licenses.
8 * * *
9 (c) Form of application and content.--The application for a
10 license to carry a firearm shall be uniform throughout this
11 Commonwealth and shall be on a form prescribed by the
12 Pennsylvania State Police. The form may contain provisions, not
13 exceeding one page, to assure compliance with this section.
14 Issuing authorities shall use only the application form
15 prescribed by the Pennsylvania State Police. One of the
16 following reasons for obtaining a firearm license shall be set
17 forth in the application: self-defense, employment, hunting and
18 fishing, target shooting, gun collecting or another proper
19 reason. The application form shall be dated and signed by the
20 applicant and shall contain the following statement:
21 I have never been convicted of a crime [of violence in
22 the Commonwealth of Pennsylvania or elsewhere] that
23 prohibits me from possessing or acquiring a firearm under
24 Federal or State law. I am of sound mind and have never
25 been committed to a mental institution. I hereby certify
26 that the statements contained herein are true and correct
27 to the best of my knowledge and belief. I understand
28 that, if I knowingly make any false statements herein, I
29 am subject to penalties prescribed by law. I authorize
30 the sheriff, or his designee, or, in the case of first
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1 class cities, the chief or head of the police department,
2 or his designee, to inspect only those records or
3 documents relevant to information required for this
4 application. If I am issued a license and knowingly
5 become ineligible to legally possess or acquire firearms,
6 I will promptly notify the sheriff of the county in which
7 I reside or, if I reside in a city of the first class,
8 the chief of police of that city.
9 (d) Sheriff to conduct investigation.--The sheriff to whom
10 the application is made shall:
11 (1) investigate the applicant's record of criminal
12 [convictions, shall] conviction;
13 (2) investigate whether or not the applicant is under
14 indictment for or has ever been convicted of a crime
15 punishable by imprisonment exceeding one year[, shall];
16 (3) investigate whether the applicant's character and
17 reputation are such that the applicant will not be likely to
18 act in a manner dangerous to public safety [and shall];
19 (4) investigate whether the applicant would be precluded
20 from receiving a license under subsection (e)(1) or section
21 6105(h) (relating to persons not to possess, use,
22 manufacture, control, sell or transfer firearms) [and shall];
23 and
24 (5) conduct a criminal background, juvenile delinquency
25 [or mental health check following the procedures set forth in
26 section 6111 (relating to firearm ownership)] and mental
27 health check following the procedures set forth in section
28 6111 (relating to sale or transfer of firearms), receive a
29 unique approval number for that inquiry and record the date
30 and number on the application.
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1 (e) Issuance of license.--
2 (1) A license to carry a firearm shall be for the
3 purpose of carrying a firearm concealed on or about one's
4 person or in a vehicle and shall be issued if, after an
5 investigation not to exceed 45 days, it appears that the
6 applicant is an individual concerning whom no good cause
7 exists to deny the license. A license shall not be issued to
8 any of the following:
9 (i) An individual whose character and reputation is
10 such that the individual would be likely to act in a
11 manner dangerous to public safety.
12 (ii) An individual who has been convicted of an
13 offense under the act of April 14, 1972 (P.L.233, No.64),
14 known as The Controlled Substance, Drug, Device and
15 Cosmetic Act.
16 (iii) An individual convicted of a crime enumerated
17 in section 6105.
18 (iv) An individual who, within the past ten years,
19 has been adjudicated delinquent for a crime enumerated in
20 section 6105 or for an offense under The Controlled
21 Substance, Drug, Device and Cosmetic Act.
22 (v) An individual who is not of sound mind or who
23 has ever been committed to a mental institution.
24 (vi) An individual who is addicted to or is an
25 unlawful user of marijuana or a stimulant, depressant or
26 narcotic drug.
27 (vii) An individual who is a habitual drunkard.
28 (viii) An individual who is charged with or has been
29 convicted of a crime punishable by imprisonment for a
30 term exceeding one year except as provided for in section
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1 6123 (relating to waiver of disability or pardons).
2 (ix) A resident of another state who does not
3 possess a current license or permit or similar document
4 to carry a firearm issued by that state if a license is
5 provided for by the laws of that state, as published
6 annually in the Federal Register by the Bureau of
7 Alcohol, Tobacco and Firearms of the Department of the
8 Treasury under 18 U.S.C. § 921(a)(19) (relating to
9 definitions).
10 (x) An alien who is illegally in the United States.
11 (xi) An individual who has been discharged from the
12 armed forces of the United States under dishonorable
13 conditions.
14 (xii) An individual who is a fugitive from justice.
15 This subparagraph does not apply to an individual whose
16 fugitive status is based upon nonmoving or moving summary
17 offense under Title 75 (relating to vehicles).
18 (xiii) An individual who is otherwise prohibited
19 from possessing, using, manufacturing, controlling,
20 purchasing, selling or transferring a firearm as provided
21 by section 6105.
22 (xiv) An individual who is prohibited from
23 possessing or acquiring a firearm under the statutes of
24 the United States.
25 (3) The license [shall bear the] to carry a firearm
26 shall be designed to be uniform throughout this Commonwealth
27 and shall be in a form prescribed by the Pennsylvania State
28 Police. The license shall bear the following:
29 (i) The name, address, date of birth, race, sex,
30 citizenship, [Social Security number,] height, weight,
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1 color of hair, color of eyes and signature of the
2 licensee[; the].
3 (ii) The signature of the sheriff issuing the
4 license[; the].
5 (iii) A license number of which the first two
6 numbers shall be a county location code followed by
7 numbers issued in numerical sequence.
8 (iv) The point-of-contact telephone number
9 designated by the Pennsylvania State Police under
10 subsection (l).
11 (v) The reason for issuance[; and the].
12 (vi) The period of validation.
13 (4) The sheriff [may also] shall require a photograph of
14 the licensee on the license. The photograph shall be in a
15 form compatible with the Commonwealth Photo Imaging Network.
16 (5) The original license shall be issued to the
17 applicant. The first copy of the license shall be forwarded
18 to the [commissioner] Pennsylvania State Police within seven
19 days of the date of issue[, and a]. second copy shall be
20 retained by the issuing authority for a period of [six
21 years.] seven years. Except pursuant to court order, both
22 copies and the application shall, at the end of the seven-
23 year period, be destroyed unless the license has been renewed
24 within the seven-year period.
25 * * *
26 (h) Fee.--[The]
27 (1) In addition to fees described in paragraphs (2)(ii)
28 and (3), the fee for a license to carry a firearm is $19.
29 This includes [a] all of the following:
30 (i) A renewal notice processing fee of $1.50. [This
20050H1717B2174 - 18 -
1 includes an]
2 (ii) An administrative fee of $5 under section 14(2)
3 of the act of July 6, 1984 (P.L.614, No.127), known as
4 the Sheriff Fee Act.
5 (2) (i) The Pennsylvania Commission on Crime and
6 Delinquency shall design and develop, within five years
7 of the effective date of this paragraph, a system in
8 conjunction with the Pennsylvania State Police and the
9 Pennsylvania Sheriffs' Association to standardize and
10 modernize the process of issuing licenses to carry
11 firearms. Upon adoption of the system under this
12 paragraph, the Pennsylvania Commission on Crime and
13 Delinquency shall publish notice thereof in the
14 Pennsylvania Bulletin.
15 (ii) A temporary fee of $5 shall be remitted by the
16 sheriff to the Firearms License to Carry Modernization
17 Account, which is hereby established as a special
18 restricted receipt account within the General Fund of the
19 State Treasury. Moneys and investment income in the
20 account shall be awarded as grants to sheriffs to
21 implement the system designed and developed under this
22 paragraph, including grants to reimburse sheriffs for
23 expenses incurred prior to the effective date of this
24 paragraph.
25 (iii) Moneys credited to the account and any
26 investment income accrued are hereby appropriated on a
27 continuing basis to the Pennsylvania Commission on Crime
28 and Delinquency. The commission shall administer the
29 account and establish procedures related to the
30 application process for, and distribution of funds to,
20050H1717B2174 - 19 -
1 sheriffs under this paragraph. Notwithstanding the
2 provisions of subparagraph (ii), the commission may
3 withhold annually an amount not exceeding 5% of the funds
4 credited to the account in that fiscal year for
5 administrative costs directly related to the
6 responsibilities of the commission under this paragraph,
7 including costs incurred in administering the account.
8 (iv) This paragraph shall expire five years after
9 its effective date. Any surplus funds remaining in the
10 account established in subparagraph (ii) at such time
11 shall lapse into the General Fund.
12 (3) A fee of $1 shall be remitted by the sheriff to the
13 Firearms License Validation System Account, which is hereby
14 established as a special restricted receipt account within
15 the General Fund of the State Treasury. The account shall be
16 administered by the Pennsylvania State Police and used for
17 purposes under subsection (l). Moneys credited to the account
18 and any investment income accrued are hereby appropriated on
19 a continuing basis to the Pennsylvania State Police.
20 (4) No fee other than that provided by this [paragraph]
21 subsection or the Sheriff Fee Act may be assessed by the
22 sheriff for the performance of any background check made
23 pursuant to this act.
24 (5) The fee is payable to the sheriff to whom the
25 application is submitted and is payable at the time of
26 application for the license.
27 (6) Except for the administrative fee of $5 under
28 section 14(2) of the Sheriff Fee Act, all other fees shall be
29 refunded if the application is denied but shall not be
30 refunded if a license is issued and subsequently revoked.
20050H1717B2174 - 20 -
1 (7) A person who sells or attempts to sell a license to
2 carry a firearm for a fee in excess of the amounts fixed
3 under this subsection commits a summary offense.
4 (i) Revocation.--A license to carry firearms may be revoked
5 by the issuing authority for good cause. A license to carry
6 firearms shall be revoked by the issuing authority for any
7 reason stated in subsection (e)(1) which occurs during the term
8 of the permit. Notice of revocation shall be in writing and
9 shall state the specific reason for revocation. Notice shall be
10 sent by certified mail to the individual whose license is
11 revoked, and, at that time, [a copy shall be forwarded to the
12 commissioner.] notice shall also be provided to the Pennsylvania
13 State Police, by electronic means, including e-mail or facsimile
14 transmission, that the license is no longer valid. An individual
15 whose license is revoked shall surrender the license to the
16 issuing authority within five days of receipt of the notice. An
17 individual whose license is revoked may appeal to the court of
18 common pleas for the judicial district in which the individual
19 resides. An individual who violates this section commits a
20 summary offense.
21 (i.1) Notice to sheriff.--Notwithstanding any statute to the
22 contrary:
23 (1) Upon conviction of a person for a crime specified in
24 section 6105(a) or (b) or upon conviction of a person for a
25 crime punishable by imprisonment exceeding one year or upon a
26 determination that the conduct of a person meets the criteria
27 specified in section 6105(c)(1), (2), (3), (5) or (6), a
28 judge of the court of common pleas shall notify the sheriff
29 of the county in which that person resides, on a form
30 developed by the Pennsylvania State Police, of the identity
20050H1717B2174 - 21 -
1 of the person and the nature of the crime or conduct which
2 resulted in the notification. The notification shall be
3 transmitted by the judge within seven days of the conviction
4 or determination.
5 (2) Upon adjudication that a person is incompetent or
6 upon the involuntary commitment of a person to a mental
7 institution for inpatient care and treatment under the act of
8 July 9, 1976 (P.L.817, No.143), known as the Mental Health
9 Procedures Act, or upon involuntary treatment of a person as
10 described under section 6105(c)(4), the judge of the court of
11 common pleas, mental health review officer or county mental
12 health and mental retardation administrator shall notify the
13 sheriff of the county in which that person resides, on a form
14 developed by the Pennsylvania State Police, of the identity
15 of the person who has been adjudicated, committed or treated
16 and the nature of the adjudication, commitment or treatment.
17 The notification shall be transmitted by the judge, mental
18 health review officer or county mental health and mental
19 retardation administrator within seven days of the
20 adjudication, commitment or treatment.
21 * * *
22 (k) Reciprocity.--
23 (1) The Attorney General [may] shall have the power and
24 duty to enter into reciprocity agreements with other states
25 or jurisdictions providing for the mutual recognition of
26 [each state's license to carry a firearm.] a license to carry
27 a firearm issued by the Commonwealth and a license or permit
28 to carry a firearm issued by the other state or jurisdiction.
29 To carry out this duty, the Attorney General is authorized to
30 negotiate reciprocity agreements and grant recognition of a
20050H1717B2174 - 22 -
1 license or permit to carry a firearm issued by another state
2 or jurisdiction.
3 (2) The Attorney General shall report to the General
4 Assembly within 180 days of the effective date of this
5 paragraph and annually thereafter concerning the agreements
6 which have been consummated under this subsection.
7 (l) Firearms License Validation System.--
8 (1) The Pennsylvania State Police shall establish a
9 nationwide toll-free telephone number, known as the Firearms
10 License Validation System, which shall be operational seven
11 days a week, 24 hours per day, for the purpose of responding
12 to law enforcement inquiries regarding the validity of any
13 Pennsylvania license to carry a firearm.
14 (2) Notwithstanding any other law regarding the
15 confidentiality of information, inquiries to the Firearms
16 License Validation System regarding the validity of any
17 Pennsylvania license to carry a firearm may only be made by
18 law enforcement personnel acting within the scope of their
19 official duties.
20 (3) Law enforcement personnel outside this Commonwealth
21 shall provide their originating agency identifier number and
22 the license number of the license to carry a firearm which is
23 the subject of the inquiry.
24 (4) Responses to inquiries by law enforcement personnel
25 outside this Commonwealth shall be limited to the name of the
26 licensee, the validity of the license and any information
27 which may be provided to a criminal justice agency pursuant
28 to Chapter 91 (relating to criminal history record
29 information).
30 (m) Inquiries.--
20050H1717B2174 - 23 -
1 (1) The Attorney General shall, not later than one year
2 after the effective date of this subsection and not less than
3 once annually, contact in writing the appropriate authorities
4 in any other state or jurisdiction which does not have a
5 current reciprocity agreement with the Commonwealth to
6 determine if:
7 (i) the state or jurisdiction will negotiate a
8 reciprocity agreement;
9 (ii) a licensee may carry a concealed firearm in the
10 state or jurisdiction; or
11 (iii) a licensee may apply for a license or permit
12 to carry a firearm issued by the state or jurisdiction.
13 (2) The Attorney General shall maintain a current list
14 of those states and jurisdictions which have a reciprocity
15 agreement with the Commonwealth, those states and
16 jurisdictions which allow licensees to carry a concealed
17 firearm and those states and jurisdictions which allow
18 licensees to apply for a license or permit to carry a
19 firearm. This list shall be posted on the Internet, provided
20 to the Pennsylvania State Police and made available to the
21 public upon request.
22 (n) Definition.--As used in this section, the term
23 "licensee" means an individual who is licensed to carry a
24 firearm under this section.
25 Section 4. Section 6115(b) of Title 18 is amended by adding
26 a paragraph to read:
27 § 6115. Loans on, or lending or giving firearms prohibited.
28 * * *
29 (b) Exception.--
30 * * *
20050H1717B2174 - 24 -
1 (4) Nothing in this section shall prohibit the
2 relinquishment of firearms to a third party in accordance
3 with 23 Pa.C.S. § 6108.3 (relating to relinquishment to third
4 party for safekeeping).
5 Section 5. The definitions of "confidential communications"
6 and "hearing officer" in section 6102(a) of Title 23, amended
7 November 30, 2004 (P.L.1618, No.207), are amended and the
8 section is amended by adding definitions to read:
9 § 6102. Definitions.
10 (a) General rule.--The following words and phrases when used
11 in this chapter shall have the meanings given to them in this
12 section unless the context clearly indicates otherwise:
13 * * *
14 "Confidential communications." All information, whether
15 written or spoken, transmitted between a victim and a domestic
16 violence counselor or advocate in the course of the
17 relationship. The term includes information received or given by
18 the domestic violence counselor or advocate in the course of the
19 relationship, as well as advice, reports, statistical data,
20 memoranda or working papers, records or the like, given or made
21 in the course of the relationship. The term also includes
22 communications made by or to a linguistic interpreter assisting
23 the victim, counselor or advocate in the course of the
24 relationship.
25 * * *
26 "Firearm." Any weapon which is designed to or may readily be
27 converted to expel any projectile by the action of an explosive
28 or the frame or receiver of any such weapon as defined by 18
29 Pa.C.S. § 6105(i) (relating to persons not to possess, use,
30 manufacture, control, sell or transfer firearms).
20050H1717B2174 - 25 -
1 * * *
2 "Hearing officer." A magisterial district judge, judge of
3 the Philadelphia Municipal Court, bail commissioner appointed
4 under 42 Pa.C.S. § 1123 (relating to jurisdiction and venue)
5 [and], master appointed under 42 Pa.C.S. § 1126 (relating to
6 masters) and master for emergency relief.
7 "Master for emergency relief." A member of the bar of the
8 Commonwealth appointed under section 6110(e) (relating to
9 emergency relief by minor judiciary).
10 * * *
11 "Safekeeping permit." A permit issued by a sheriff allowing
12 a person to take possession of any firearm, other weapon or
13 ammunition that a judge ordered a defendant to relinquish in a
14 protection from abuse proceeding.
15 * * *
16 "Sheriff."
17 (1) Except as provided in paragraph (2), the sheriff of
18 the county.
19 (2) In a city of the first class, the chief or head of
20 the police department.
21 * * *
22 "Weapon." Anything readily capable of lethal use and
23 possessed under circumstances not manifestly appropriate for
24 lawful uses which it may have. The term includes a firearm which
25 is not loaded or lacks a magazine, clip or other components to
26 render it immediately operable and components which can readily
27 be assembled into a weapon as defined by 18 Pa.C.S. § 907
28 (relating to possessing instruments of crime).
29 * * *
30 Section 6. Sections 6103, 6104(d) and 6105(e) of Title 23
20050H1717B2174 - 26 -
1 are amended to read:
2 § 6103. [Effect of departure to avoid abuse.] Jurisdiction.
3 (a) General rule.--The court shall have jurisdiction over
4 all proceedings under this chapter. [The right of plaintiff to
5 relief under this chapter shall not be affected by plaintiff
6 leaving the residence or household to avoid further abuse.]
7 (b) Effect of departure and nonresidence.--The right of the
8 plaintiff to relief under this chapter shall not be affected by
9 either of the following:
10 (1) The plaintiff's leaving the residence or household
11 to avoid further abuse.
12 (2) The defendant's absence from this Commonwealth or
13 the defendant's nonresidence in this Commonwealth, provided
14 that the court has personal jurisdiction over the defendant
15 in accordance with 42 Pa.C.S. § 5322 (relating to bases of
16 personal jurisdiction over persons outside this
17 Commonwealth).
18 § 6104. Full faith and credit and foreign protection orders.
19 * * *
20 (d) Filing a foreign protection order.--A plaintiff may file
21 a certified copy of a foreign protection order with the
22 prothonotary in any county within this Commonwealth where the
23 plaintiff believes enforcement may be necessary. The following
24 provisions shall apply:
25 (1) [Filing of a foreign protection order shall be
26 without fee or cost.] No costs or fees associated with filing
27 a foreign protection order shall be assigned to the
28 plaintiff, including the cost of obtaining certified copies
29 of the order. Costs and fees associated with filing a foreign
30 protection order may be assessed against the defendant.
20050H1717B2174 - 27 -
1 (2) Upon filing of a foreign protection order, a
2 prothonotary shall transmit, in a manner prescribed by the
3 Pennsylvania State Police, a copy of the order to the
4 Pennsylvania State Police registry of protection orders.
5 (3) Filing of a foreign protection order shall not be a
6 prerequisite for service and enforcement.
7 * * *
8 § 6105. Responsibilities of law enforcement agencies.
9 * * *
10 (e) Statewide registry.--
11 (1) The Pennsylvania State Police shall establish a
12 Statewide registry of protection orders and shall maintain a
13 complete and systematic record and index of all valid
14 temporary and final court orders of protection, court-
15 approved consent agreements and a foreign protection order
16 filed pursuant to section 6104(d) (relating to full faith and
17 credit and foreign protection orders). The Statewide registry
18 shall include, but need not be limited to, the following:
19 (i) The names of the plaintiff and any protected
20 parties.
21 (ii) The name and address of the defendant.
22 (iii) The relationship between the plaintiff and
23 defendant.
24 [(iii)] (iv) The date the order was entered.
25 [(iv)] (v) The date the order expires.
26 [(v)] (vi) The relief granted under sections
27 6108(a)(1), (2), (4), (6) and (7) (relating to relief)
28 and 6110(a) (relating to emergency relief by minor
29 judiciary).
30 [(vi)] (vii) The judicial district in which the
20050H1717B2174 - 28 -
1 order was entered.
2 [(vii)] (viii) Where furnished, the Social Security
3 number and date of birth of the defendant.
4 (ix) Whether or not any or all firearms, other
5 weapons or ammunition were ordered relinquished.
6 (2) The prothonotary shall send, on a form prescribed by
7 the Pennsylvania State Police, a copy of the protection order
8 or approved consent agreement to the Statewide registry of
9 protection orders so that it is received within 24 hours of
10 the entry of the order. Likewise, amendments to or revocation
11 of an order shall be transmitted by the prothonotary within
12 24 hours of the entry of the order for modification or
13 revocation. The Pennsylvania State Police shall enter orders,
14 amendments and revocations in the Statewide registry of
15 protection orders within eight hours of receipt. Vacated or
16 expired orders shall be purged from the registry.
17 (3) The registry of the Pennsylvania State Police shall
18 be available at all times to inform courts, dispatchers and
19 law enforcement officers of any valid protection order
20 involving any defendant.
21 (4) When an order granting relief under section
22 6108(a)(7) has been entered by a court, such information
23 shall be available to the Pennsylvania State Police for the
24 purpose of conducting a criminal history records check in
25 compliance with the applicable provisions of 18 Pa.C.S. Ch.
26 61 Subch. A (relating to Uniform Firearms Act).
27 (5) Information contained in the Statewide registry
28 shall not be subject to access under the act of June 21, 1957
29 (P.L.390, No.212), referred to as the Right-to-Know Law.
30 * * *
20050H1717B2174 - 29 -
1 Section 7. Section 6106(b), (c), (d), (g) and (g.1) of Title
2 23 are amended and the section is amended by adding subsections
3 to read:
4 § 6106. Commencement of proceedings.
5 * * *
6 (a.2) Notification of defendant's occupation.--The plaintiff
7 shall notify the court if the plaintiff has reason to believe
8 that the defendant is a licensed firearms dealer, is employed by
9 a licensed firearms dealer or manufacturer, is employed as a
10 writer, researcher or technician in the firearms or hunting
11 industry or is required to carry a firearm as a condition of
12 employment.
13 (b) [No prepayment of fees.--The petition shall be filed and
14 service shall be made without prepayment of fees.] Plaintiff
15 fees not permitted.--No plaintiff seeking relief under this
16 chapter shall be charged any fees or costs associated with the
17 filing, issuance, registration or service of a petition, motion,
18 complaint, order or any other filing. Prohibited fees or costs
19 shall include, but are not limited to, those associated with
20 modifying, withdrawing, dismissing or certifying copies of a
21 petition, motion, complaint, order or any other filing, as well
22 as any judicial surcharge or computer system fee. No plaintiff
23 seeking relief under this chapter shall be charged any fees or
24 costs associated with filing a motion for reconsideration or an
25 appeal from any order or action taken pursuant to this chapter.
26 Nothing in this subsection is intended to expand or diminish the
27 court's authority to enter an order pursuant to Pa.R.C.P. No.
28 1023.1 (relating to Scope. Signing of Documents. Representations
29 to the Court. Violation).
30 (c) Assessment of fees and costs[.--If the plaintiff
20050H1717B2174 - 30 -
1 prevails in the action] against the defendant.--When an order is
2 granted pursuant to this chapter, fees and costs shall be
3 [assigned to] assessed against the defendant.[, or, should the
4 court determine that the defendant is not able to pay the costs
5 of filing and service, the court shall waive fees and costs. If
6 the plaintiff does not prevail, costs of filing and service may
7 be assigned to the plaintiff or, should the court determine that
8 the plaintiff is not able to pay the costs of filing and
9 service, the] The court shall waive fees and costs[.] upon a
10 showing of good cause or when the court makes a finding that the
11 defendant is not able to pay the costs. Nothing in this
12 subsection is intended to expand or diminish the court's
13 authority to enter an order pursuant to Pa.R.C.P. No. 1023.1.
14 (d) Surcharge on order.--When a protection order is granted
15 under section 6107(a) (relating to hearings), other than
16 pursuant to an agreement of the parties, a surcharge of [$25]
17 $100 shall be assessed against the defendant. All moneys
18 received from surcharges shall [be forwarded to the Commonwealth
19 and shall be used by the Pennsylvania State Police to establish
20 and maintain the Statewide registry of protection orders
21 provided for in section 6105 (relating to responsibilities of
22 law enforcement agencies).] be distributed in the following
23 order of priority:
24 (1) $25 shall be forwarded to the Commonwealth and shall
25 be used by the Pennsylvania State Police to establish and
26 maintain the Statewide registry of protection orders provided
27 for in section 6105.
28 (2) $50 shall be retained by the county and shall be
29 used to carry out the provisions of this chapter as follows:
30 (i) $25 shall be used by the sheriff.
20050H1717B2174 - 31 -
1 (ii) $25 shall be used by the court.
2 (3) $25 shall be forwarded to the Department of Public
3 Welfare for use for victims of domestic violence in
4 accordance with the provisions of section 2333 of the act of
5 April 9, 1929 (P.L.177, No.175), known as The Administrative
6 Code of 1929.
7 (d.1) Limitation.--The surcharge allocated under subsection
8 (d)(2)(i) and (3) shall be used to supplement and not to
9 supplant any other source of funds received for the purpose of
10 carrying out the provisions of this chapter.
11 * * *
12 (g) Service of petition and orders.--The petition and orders
13 shall be served upon the defendant, and orders shall be served
14 upon the police departments and sheriff with appropriate
15 jurisdiction to enforce the orders. Orders shall be promptly
16 served on the police and sheriff. Failure to serve shall not
17 stay the effect of a valid order.
18 (g.1) Service of original process of a foreign protection
19 order.--[There shall be no prepayment of fees for service of
20 original process of a foreign protection order.] No plaintiff or
21 petitioner shall be charged any costs or fees associated with
22 the service of original process of a foreign protection order.
23 Costs or fees associated with the service of original process of
24 a foreign protection order may be assessed against the
25 defendant.
26 * * *
27 Section 8. Sections 6107(a) and (b) and 6108 of Title 23 are
28 amended to read:
29 § 6107. Hearings.
30 (a) General rule.--Within ten business days of the filing of
20050H1717B2174 - 32 -
1 a petition under this chapter, a hearing shall be held before
2 the court, at which the plaintiff must prove the allegation of
3 abuse by a preponderance of the evidence. The court shall, at
4 the time the defendant is given notice of the hearing, advise
5 the defendant of the right to be represented by counsel, of the
6 possibility that any firearm, other weapon or ammunition owned
7 and any firearm license possessed may be ordered temporarily
8 relinquished, of the possibility that Federal law may prohibit
9 the possession of firearms, including an explanation of 18
10 U.S.C. § 922(g)(8) (relating to unlawful acts) and [of the fact]
11 that any protection order granted by a court may be considered
12 in any subsequent proceedings under this title. This notice
13 shall be printed and delivered in a manner which easily attracts
14 attention to its content and shall specify that child custody is
15 one of the proceedings where prior protection orders may be
16 considered.
17 (b) Temporary orders.--
18 (1) If a plaintiff petitions for temporary order for
19 protection from abuse and alleges immediate and present
20 danger of abuse to the plaintiff or minor children, the court
21 shall conduct an ex parte proceeding.
22 (2) The court may enter such a temporary order as it
23 deems necessary to protect the plaintiff or minor children
24 when it finds they are in immediate and present danger of
25 abuse. The order shall remain in effect until modified or
26 terminated by the court after notice and hearing. [Any order
27 issued under this section shall, where furnished by the
28 plaintiff, specify the Social Security number and date of
29 birth of the defendant.]
30 (3) In addition to any other relief, the court may,
20050H1717B2174 - 33 -
1 pursuant to section 6108 (relating to relief), direct that
2 the defendant temporarily relinquish to the sheriff any
3 firearms, other weapons or ammunition for the duration of the
4 temporary order if the petition demonstrates any of the
5 following:
6 (i) Abuse which involves a firearm or other weapon.
7 (ii) An immediate and present danger of abuse. In
8 determining whether an immediate and present danger of
9 abuse exists, the court shall consider a number of
10 factors, including, but not limited to:
11 (A) Whether the temporary order of protection
12 from abuse is not likely to achieve its purpose in
13 the absence of such a condition.
14 (B) Whether the defendant has previously
15 violated a protection from abuse order.
16 (C) Whether past or present abuse to the
17 plaintiff or any of the plaintiff's minor children
18 resulted in injury.
19 (D) Whether the abuse occurred in public.
20 (E) Whether the abuse includes:
21 (I) threats of abuse or suicide;
22 (II) killing or threatening to kill pets;
23 (III) an escalation of violence;
24 (IV) stalking or obsessive behavior;
25 (V) sexual violence; or
26 (VI) drug or excessive alcohol use.
27 (4) If the court orders the defendant to temporarily
28 relinquish any firearm, other weapon or ammunition pursuant
29 to paragraph (3), section 6108(a)(7) shall apply with respect
30 to any firearm, other weapon or ammunition ordered
20050H1717B2174 - 34 -
1 relinquished.
2 * * *
3 § 6108. Relief.
4 (a) General rule.--The court may grant any protection order
5 or approve any consent agreement to bring about a cessation of
6 abuse of the plaintiff or minor children. The order or agreement
7 may include:
8 (1) Directing the defendant to refrain from abusing the
9 plaintiff or minor children.
10 (2) Granting possession to the plaintiff of the
11 residence or household to the exclusion of the defendant by
12 evicting the defendant or restoring possession to the
13 plaintiff [when] if the residence or household is jointly
14 owned or leased by the parties, is owned or leased by the
15 entireties or is owned or leased solely by the plaintiff.
16 (3) [When] If the defendant has a duty to support the
17 plaintiff or minor children living in the residence or
18 household and the defendant is the sole owner or lessee,
19 granting possession to the plaintiff of the residence or
20 household to the exclusion of the defendant by evicting the
21 defendant or restoring possession to the plaintiff or, with
22 the consent of the plaintiff, ordering the defendant to
23 provide suitable alternate housing.
24 (4) Awarding temporary custody of or establishing
25 temporary visitation rights with regard to minor children. In
26 determining whether to award temporary custody or establish
27 temporary visitation rights pursuant to this paragraph, the
28 court shall consider any risk posed by the defendant to the
29 children, as well as risk to the plaintiff. The following
30 shall apply:
20050H1717B2174 - 35 -
1 (i) A defendant shall not be granted custody,
2 partial custody or unsupervised visitation where it is
3 alleged in the petition, and the court finds after a
4 hearing under this chapter, that the defendant:
5 (A) abused the minor children of the parties or
6 [where the defendant] poses a risk of abuse toward
7 the minor children of the parties; or
8 (B) has been convicted of violating 18 Pa.C.S. §
9 2904 (relating to interference with custody of
10 children) within two calendar years prior to the
11 filing of the petition for protection order[.] or
12 that the defendant poses a risk of violating 18
13 Pa.C.S. § 2904.
14 (ii) Where the court finds after a hearing under
15 this chapter that the defendant has inflicted abuse upon
16 the plaintiff or a child, the court may require
17 supervised custodial access by a third party. The third
18 party must agree to be accountable to the court for
19 supervision and execute an affidavit of accountability.
20 (iii) Where the court finds after a hearing under
21 this chapter that the defendant has inflicted serious
22 abuse upon the plaintiff or a child or poses a risk of
23 abuse toward the plaintiff or a child, the court may
24 award supervised visitation in a secure visitation
25 facility or may deny the defendant custodial access to a
26 child.
27 (iv) If a plaintiff petitions for a temporary order
28 under section 6107(b) (relating to hearings) and the
29 defendant has partial, shared or full custody of the
30 minor children of the parties by order of court or
20050H1717B2174 - 36 -
1 written agreement of the parties, the custody shall not
2 be disturbed or changed unless the court finds that the
3 defendant is likely to inflict abuse upon the children or
4 to remove the children from the jurisdiction of the court
5 prior to the hearing under section 6107(a). Where the
6 defendant has forcibly or fraudulently removed any minor
7 child from the care and custody of a plaintiff, the court
8 shall order the return of the child to the plaintiff
9 unless the child would be endangered by restoration to
10 the plaintiff.
11 (v) Nothing in this paragraph shall bar either party
12 from filing a petition for custody under Chapter 53
13 (relating to custody) or under the Pennsylvania Rules of
14 Civil Procedure.
15 (vi) In order to prevent further abuse during
16 periods of access to the plaintiff and child during the
17 exercise of custodial rights, the court shall consider,
18 and may impose on a custody award, conditions necessary
19 to assure the safety of the plaintiff and minor children
20 from abuse.
21 (5) After a hearing in accordance with section 6107(a),
22 directing the defendant to pay financial support to those
23 persons the defendant has a duty to support, requiring the
24 defendant, under sections 4324 (relating to inclusion of
25 medical support) and 4326 (relating to mandatory inclusion of
26 child medical support), to provide health coverage for the
27 minor child and spouse, directing the defendant to pay all of
28 the unreimbursed medical expenses of a spouse or minor child
29 of the defendant to the provider or to the plaintiff when he
30 or she has paid for the medical treatment, and directing the
20050H1717B2174 - 37 -
1 defendant to make or continue to make rent or mortgage
2 payments on the residence of the plaintiff to the extent that
3 the defendant has a duty to support the plaintiff or other
4 dependent household members. The support order shall be
5 temporary, and any beneficiary of the order must file a
6 complaint for support under the provisions of Chapters 43
7 (relating to support matters generally) and 45 (relating to
8 reciprocal enforcement of support orders) within two weeks of
9 the date of the issuance of the protection order. If a
10 complaint for support is not filed, that portion of the
11 protection order requiring the defendant to pay support is
12 void. When there is a subsequent ruling on a complaint for
13 support, the portion of the protection order requiring the
14 defendant to pay support expires.
15 (6) Prohibiting the defendant from having any contact
16 with the plaintiff or minor children, including, but not
17 limited to, restraining the defendant from entering the place
18 of employment or business or school of the plaintiff or minor
19 children and from harassing the plaintiff or plaintiff's
20 relatives or minor children.
21 (7) Ordering the defendant to temporarily relinquish to
22 the sheriff the defendant's [weapons which] other weapons and
23 ammunition which have been used or been threatened to be used
24 in an incident of abuse against the plaintiff or the minor
25 children and the defendant's firearms and prohibiting the
26 defendant from acquiring or possessing any [other weapons]
27 firearm for the duration of the order and requiring the
28 defendant to relinquish to the sheriff any firearm license,
29 other than a license under 18 Pa.C.S. § 6113 (relating to
30 licensing of dealers), 18 U.S.C. § 923 (relating to
20050H1717B2174 - 38 -
1 licensing) or any other Federal or State license for the
2 sale, manufacture or importation of firearms, the defendant
3 may possess. [The court's order shall provide for the return
4 of the weapons and any firearm license to the defendant
5 subject to any restrictions and conditions as the court shall
6 deem appropriate to protect the plaintiff or minor children
7 from further abuse through the use of weapons.] A copy of the
8 court's order shall be transmitted to the chief or head of
9 the police force or police department of the municipality and
10 to the sheriff of the county of which the defendant is a
11 resident. When relinquishment is ordered, the following shall
12 apply:
13 (i) (A) The court's order shall require the
14 defendant to relinquish such firearms, other weapons,
15 ammunition and any firearm license pursuant to the
16 provisions of this chapter within 24 hours of service
17 of a temporary order or the entry of a final order or
18 the close of the next business day as necessary by
19 closure of the sheriffs' offices, except for cause
20 shown at the hearing, in which case the court shall
21 specify the time for relinquishment of any or all of
22 the defendant's firearms.
23 (B) A defendant subject to a temporary order
24 requiring the relinquishment of firearms, other
25 weapons or ammunition shall, in lieu of relinquishing
26 specific firearms, other weapons or ammunition which
27 cannot reasonably be retrieved within the time for
28 relinquishment in clause (A) due to their current
29 location, provide the sheriff with an affidavit
30 listing the firearms, other weapons or ammunition and
20050H1717B2174 - 39 -
1 their current location. If the defendant, within the
2 time for relinquishment in clause (A), fails to
3 provide the affidavit or fails to relinquish,
4 pursuant to this chapter, any firearms, other weapons
5 or ammunition ordered to be relinquished which are
6 not specified in the affidavit, the sheriff shall, at
7 a minimum, provide immediate notice to the court, the
8 plaintiff and appropriate law enforcement
9 authorities. The defendant shall not possess any
10 firearms, other weapons or ammunition specifically
11 listed in the affidavit provided to the sheriff
12 pursuant to this clause for the duration of the
13 temporary order.
14 (C) As used in this subparagraph, the term
15 "cause" shall be limited to facts relating to the
16 inability of the defendant to retrieve a specific
17 firearm within 24 hours due to the current location
18 of the firearm.
19 (ii) The court's order shall contain a list of any
20 firearm, other weapon or ammunition ordered relinquished.
21 Except as provided in subparagraph(i)(B), section 6108.2
22 (relating to relinquishment for consignment sale, lawful
23 transfer or safekeeping) or 6108.3 (relating to
24 relinquishment to third party for safekeeping) the
25 sheriff shall secure custody of all of the defendant's
26 firearms, other weapons or ammunition and any firearm
27 license for the duration of the order or until directed
28 otherwise by court order. In securing custody of the
29 defendant's relinquished firearms, the sheriff shall
30 comply with 18 Pa.C.S. § 6105(f)(4) (relating to persons
20050H1717B2174 - 40 -
1 not to possess, use, manufacture, control, sell or
2 transfer firearms). In securing custody of the
3 defendant's other weapons and ammunition, the sheriff
4 shall provide the defendant with a signed and dated
5 written receipt which shall include a detailed
6 description of the other weapon or ammunition and its
7 condition.
8 (iii) The sheriff shall provide the plaintiff with
9 the name of the person or agency to which any firearm,
10 other weapon or ammunition was relinquished.
11 (iv) Unless the defendant has complied with
12 subparagraph (i)(B) or section 6108.2 or 6108.3, if the
13 defendant fails to relinquish any firearm, other weapon,
14 ammunition or firearm license within 24 hours or upon the
15 close of the next business day due to closure of
16 sheriffs' offices or within the time ordered by the court
17 upon cause being shown at the hearing, the sheriff shall,
18 at a minimum, provide immediate notice to the court, the
19 plaintiff and appropriate law enforcement agencies.
20 (v) Any portion of any order or any petition or
21 other paper which includes a list of any firearm, other
22 weapon or ammunition ordered relinquished shall be kept
23 in the files of the court as a permanent record thereof
24 and withheld from public inspection except:
25 (A) upon an order of the court granted upon
26 cause shown;
27 (B) as necessary, by law enforcement, and court
28 personnel; or
29 (C) after redaction of information listing any
30 firearm, other weapon or ammunition.
20050H1717B2174 - 41 -
1 (vi) As used in this paragraph, the term
2 "defendant's firearms" shall, if the defendant is a
3 licensed firearms dealer, only include firearms in the
4 defendant's personal firearms collection pursuant to 27
5 CFR § 478.125a (relating to personal firearms
6 collection).
7 (7.1) If the defendant is a licensed firearms dealer,
8 ordering the defendant to follow such restrictions as the
9 court may require concerning the conduct of his business,
10 which may include ordering the defendant to relinquish any
11 Federal or State license for the sale, manufacture or
12 importation of firearms as well as firearms in the
13 defendant's business inventory. In restricting the defendant
14 pursuant to this paragraph, the court shall make a reasonable
15 effort to preserve the financial assets of the defendant's
16 business while fulfilling the goals of this chapter.
17 (8) Directing the defendant to pay the plaintiff for
18 reasonable losses suffered as a result of the abuse,
19 including medical, dental, relocation and moving expenses;
20 counseling; loss of earnings or support; costs of repair or
21 replacement of real or personal property damaged, destroyed
22 or taken by the defendant or at the direction of the
23 defendant; and other out-of-pocket losses for injuries
24 sustained. In addition to out-of-pocket losses, the court may
25 direct the defendant to pay reasonable attorney fees. An
26 award under this chapter shall not constitute a bar to
27 litigation for civil damages for injuries sustained from the
28 acts of abuse giving rise to the award or a finding of
29 contempt under this chapter.
30 (9) Directing the defendant to refrain from stalking or
20050H1717B2174 - 42 -
1 harassing the plaintiff and other designated persons as
2 defined in 18 Pa.C.S. §§ 2709 (relating to harassment) and
3 2709.1 (relating to stalking).
4 (10) Granting any other appropriate relief sought by the
5 plaintiff.
6 (b) Identifying information.--Any order issued under this
7 section shall, where furnished by either party, specify the
8 Social Security number and date of birth of the defendant.
9 (c) Mutual orders of protection.--Mutual orders of
10 protection shall not be awarded unless both parties have filed
11 timely written petitions, complied with service requirements
12 under section 6106 (relating to commencement of proceedings) and
13 are eligible for protection under this chapter. The court shall
14 make separate findings and, where issuing orders on behalf of
15 both petitioners, enter separate orders.
16 (d) Duration and amendment of order or agreement.--A
17 protection order or approved consent agreement shall be for a
18 fixed period of time not to exceed [18 months] three years. The
19 court may amend its order or agreement at any time upon
20 subsequent petition filed by either party.
21 (e) Extension of protection orders.--
22 (1) An extension of a protection order may be granted:
23 (i) Where the court finds, after a duly filed
24 petition, notice to the defendant and a hearing, in
25 accordance with the procedures set forth in sections 6106
26 and 6107, that the defendant committed one or more acts
27 of abuse subsequent to the entry of the final order or
28 that the defendant engaged in a pattern or practice that
29 indicates continued risk of harm to the plaintiff or
30 minor child.
20050H1717B2174 - 43 -
1 (ii) When a contempt petition or charge has been
2 filed with the court or with a hearing officer in
3 Philadelphia County, but the hearing has not occurred
4 before the expiration of the protection order, the order
5 shall be extended, at a minimum, until the disposition of
6 the contempt petition and may be extended for another
7 term beyond the disposition of the contempt petition.
8 (2) Service of an extended order shall be made in
9 accordance with section 6109 (relating to service of orders).
10 (3) There shall be no limitation on the number of
11 extensions that may be granted.
12 (f) Support procedure.--The domestic relations section shall
13 enforce any support award in a protection order where the
14 plaintiff files a complaint for support under subsection (a)(5).
15 (g) Notice.--Notice shall be given to the defendant, in
16 orders issued under this section, stating that violations of an
17 order will subject the defendant to arrest under section 6113
18 (relating to arrest for violation of order) or contempt of court
19 under section 6114 (relating to contempt for violation of order
20 or agreement). Resumption of coresidency on the part of the
21 plaintiff and defendant shall not nullify the provisions of the
22 court order.
23 (h) Title to real property unaffected.--No order or
24 agreement under this chapter shall in any manner affect title to
25 any real property.
26 Section 9. Title 23 is amended by adding sections to read:
27 § 6108.1. Return of relinquished firearms, other weapons and
28 ammunition.
29 (a) General rule.--Any court order requiring the
30 relinquishment of firearms, other weapons or ammunition shall
20050H1717B2174 - 44 -
1 provide for the return of the relinquished firearms, other
2 weapons or ammunition to the defendant upon expiration of the
3 order or dismissal of a petition for a protection from abuse
4 order. The defendant may take custody of the firearms, other
5 weapons and ammunition provided that the defendant is otherwise
6 eligible to lawfully possess the relinquished items. The
7 defendant shall not be required to pay any fees, costs or
8 charges associated with the returns, whether those fees, costs
9 or charges are imposed by the Pennsylvania State Police, any
10 local law enforcement agency or any other entity, including a
11 licensed importer, licensed manufacturer or licensed dealer in
12 order to secure return of the relinquished firearms, other
13 weapons or ammunition.
14 (b) Modification of court's order.--
15 (1) The defendant may petition the court to allow for
16 the return of firearms, other weapons and ammunition to the
17 defendant prior to the expiration of the court's order. The
18 petition shall be served upon the plaintiff and the plaintiff
19 shall be a party to the proceedings regarding that petition.
20 (2) Any other person may petition the court to allow for
21 the return of that other person's firearms, other weapons and
22 ammunition prior to the expiration of the court's order. The
23 petition shall be served upon the plaintiff and the plaintiff
24 shall be given notice and an opportunity to be heard
25 regarding that petition.
26 (c) Sale, lawful transfer or safekeeping of relinquished
27 firearms, other weapons or ammunition.--The defendant may
28 petition the court to allow for the sale, lawful transfer or
29 safekeeping of any of the defendant's firearms, other weapons or
30 ammunition relinquished in accordance with this chapter. Any
20050H1717B2174 - 45 -
1 petition or other application for the sale, lawful transfer or
2 safekeeping of firearms, other weapons or ammunition filed prior
3 to the expiration of the court's order shall be served upon the
4 plaintiff, and the plaintiff shall have an opportunity to be
5 heard prior to the issuance of a court order allowing for the
6 sale, lawful transfer or safekeeping of firearms, other weapons
7 or ammunition. Upon court order directing the sale, lawful
8 transfer or safekeeping of a relinquished firearm, other weapons
9 or ammunition the sheriff shall proceed as directed by the
10 court.
11 (d) Hearing.--Within ten business days of the filing of any
12 petition under this section, a hearing shall be held before the
13 court.
14 (e) Definitions.--As used in this section, the following
15 words and phrases shall have the meanings given to them in this
16 subsection:
17 "Other person." Any person, except the defendant, who is the
18 lawful owner of a firearm, other weapon or ammunition
19 relinquished pursuant to this chapter.
20 "Safekeeping." The secure custody of a firearm, other weapon
21 or ammunition ordered relinquished by an active protection from
22 abuse order as authorized pursuant to a court order until such
23 time as the court directs the relinquishment of said firearm,
24 other weapon or ammunition and the person to whom it shall be
25 relinquished.
26 § 6108.2. Relinquishment for consignment sale, lawful transfer
27 or safekeeping.
28 (a) General rule.--Notwithstanding any other provision of
29 law, a defendant who is the subject of a final protection from
30 abuse order, which order provided for the relinquishment of
20050H1717B2174 - 46 -
1 firearms, other weapons or ammunition during the period of time
2 the order is in effect may, within the time frame specified in
3 the order and in lieu of relinquishment to the sheriff,
4 relinquish to a dealer licensed pursuant to 18 Pa.C.S. § 6113
5 (relating to licensing of dealers) any firearms, other weapons
6 or ammunition for consignment sale, lawful transfer or
7 safekeeping.
8 (b) Affidavit.--A defendant relinquishing firearms, other
9 weapons or ammunition to a dealer pursuant to subsection (a)
10 shall obtain an affidavit from the dealer on a form prescribed
11 by the Pennsylvania State Police which shall include, at a
12 minimum, the following:
13 (1) The caption of the case in which the protection from
14 abuse order was issued.
15 (2) The name, address, date of birth and Social Security
16 number of the defendant.
17 (3) A list of the firearms, other weapons or ammunition,
18 including, if applicable, the manufacturer, model and serial
19 number.
20 (4) The name and license number of the dealer licensed
21 pursuant to 18 Pa.C.S. § 6113 and the address of the licensed
22 premises.
23 (5) An acknowledgment that the firearms, other weapons
24 or ammunition will not be returned to the defendant or sold
25 or transferred to a person the dealer knows is a member of
26 the defendant's household, while the defendant is the subject
27 of an active protection from abuse order pursuant to section
28 6108, which order provided for the relinquishment of the
29 firearm, other weapon or ammunition being returned, sold or
30 transferred.
20050H1717B2174 - 47 -
1 (6) An acknowledgment that the firearms, other weapons
2 or ammunition, if sold or transferred, will be sold or
3 lawfully transferred in compliance with 18 Pa.C.S. Ch. 61
4 (relating to firearms and other dangerous articles).
5 (c) Failure to provide affidavit.--A defendant relinquishing
6 firearms, other weapons or ammunition to a dealer pursuant to
7 subsection (a) shall, within the time frame specified in the
8 order for relinquishing firearms, other weapons or ammunition
9 provide to the sheriff the affidavit obtained pursuant to
10 subsection (b) and relinquish to the sheriff any firearms, other
11 weapons or ammunition ordered to be relinquished which are not
12 specified in the affidavit, in an affidavit provided in
13 accordance with section 6108(a)(7)(i)(B) (relating to relief) or
14 in an acknowledgment of receipt from a third party provided to
15 the sheriff pursuant to section 6108.3 (relating to
16 relinquishment to third party for safekeeping). If the defendant
17 fails to comply with this subsection, the sheriff shall, at a
18 minimum, provide immediate notice to the court, the plaintiff
19 and appropriate law enforcement agencies.
20 (d) Form.--The Pennsylvania State Police shall develop and
21 make available a form to be used by dealers to accept possession
22 of firearms, other weapons and ammunition for consignment sale,
23 lawful transfer or safekeeping pursuant to this section.
24 (e) Transfer upon entry of final order.--Upon entry of a
25 final protection from abuse order issued pursuant to section
26 6108, which order provided for the relinquishment of firearms,
27 other weapons or ammunition during the period of time the order
28 is in effect, a defendant who had relinquished firearms, other
29 weapons or ammunition to the sheriff pursuant to a temporary
30 order may request that the firearms, other weapons or ammunition
20050H1717B2174 - 48 -
1 be relinquished to a dealer for consignment sale, lawful
2 transfer or safekeeping pursuant to this section. If the
3 defendant can identify a licensed dealer willing to accept the
4 firearms, other weapons or ammunition in compliance with this
5 section, the court shall order the sheriff to transport the
6 firearms, other weapons or ammunition to the licensed dealer at
7 no cost to the defendant or the licensed dealer.
8 (f) Nondisclosure.--The affidavit obtained under subsection
9 (c) shall not be subject to access under the act of June 21,
10 1957 (P.L.390, No.212), referred to as the Right-to-Know Law.
11 (g) Definitions.--As used in this section, the following
12 words and phrases shall have the meanings given to them in this
13 subsection:
14 "Safekeeping." The secure custody of firearms, other weapons
15 or ammunition ordered relinquished by an active protection from
16 abuse order issued pursuant to section 6108 (relating to relief)
17 by a dealer licensed pursuant to 18 Pa.C.S. § 6113 (relating to
18 licensing of dealers).
19 "Sale or lawful transfer." Any sale or transfer to a person
20 other than the defendant or a member of the defendant's
21 household which is conducted in accordance with 18 Pa.C.S. Ch.
22 61 (relating to firearms and other dangerous articles).
23 § 6108.3. Relinquishment to third party for safekeeping.
24 (a) General rule.--A defendant who is the subject of a
25 protection from abuse order, which order provided for the
26 relinquishment of firearms, other weapons or ammunition during
27 the period of time the order is in effect may, within the time
28 frame specified in the order and in lieu of relinquishment to
29 the sheriff, relinquish any firearms, other weapons or
30 ammunition to a third party for safekeeping.
20050H1717B2174 - 49 -
1 (b) Transfer to third party.--
2 (1) A defendant wishing to relinquish firearms, other
3 weapons or ammunition to a third party pursuant to subsection
4 (a) shall, within the time frame specified in the order for
5 relinquishing firearms, other weapons and ammunition, report
6 to the sheriff's office in the county where the order was
7 entered along with the third party.
8 (2) Upon determination by the sheriff that the third
9 party is not prohibited from possessing firearms, other
10 weapons or ammunition pursuant to any Federal or State law
11 and after the defendant and third party have executed the
12 affidavits required under paragraph (3), the sheriff shall
13 issue a safekeeping permit to the third party, which shall
14 include, at a minimum, a list of the firearms, other weapons
15 and ammunition which will be relinquished to the third party.
16 The permit shall be issued at no cost to the third party or
17 defendant. The permit shall require the third party to
18 possess the defendant's firearms, other weapons and
19 ammunition until the time that:
20 (i) the sheriff revokes the safekeeping permit
21 pursuant to subsection (c)(1); or
22 (ii) the sheriff accepts return of the safekeeping
23 permit pursuant to subsection (d).
24 (3) (i) A defendant wishing to relinquish firearms,
25 other weapons or ammunition to a third party pursuant to
26 subsection (a) shall, in the presence of the sheriff or
27 the sheriff's designee, execute an affidavit on a form
28 prescribed by the Pennsylvania State Police which shall
29 include, at a minimum, the following:
30 (A) The caption of the case in which the
20050H1717B2174 - 50 -
1 protection from abuse order was issued.
2 (B) The name, address, date of birth and the
3 Social Security number of the defendant.
4 (C) The name, address and date of birth of the
5 third party.
6 (D) A list of the firearms, other weapons and
7 ammunition which will be relinquished to the third
8 party, including, if applicable, the manufacturer,
9 model and serial number.
10 (E) An acknowledgment that the defendant will
11 not take possession of any firearm, other weapon or
12 ammunition relinquished to the third party, until the
13 sheriff accepts return of the safekeeping permit
14 pursuant to subsection (d).
15 (F) A plain language summary of 18 Pa.C.S. §
16 6105(a.1)(2) and (c)(6) (relating to persons not to
17 possess, use, manufacture, control, sell or transfer
18 firearms).
19 (G) A plain language summary of 18 U.S.C. §
20 922(g)(8) (relating to unlawful acts).
21 (ii) A third party who will be accepting possession
22 of firearms, other weapons and ammunition pursuant to
23 subsection (a) shall, in the presence of the sheriff or
24 the sheriff's designee, execute an affidavit on a form
25 prescribed by the Pennsylvania State Police which shall
26 include, at a minimum, the following:
27 (A) The caption of the case in which the
28 protection from abuse order was issued.
29 (B) The name, address and date of birth of the
30 defendant.
20050H1717B2174 - 51 -
1 (C) The name, address, date of birth and the
2 Social Security number of the third party.
3 (D) A list of the firearms, other weapons and
4 ammunition which will be relinquished to the third
5 party, including, if applicable, the manufacturer,
6 model and serial number.
7 (E) An acknowledgment that no firearm, other
8 weapon or ammunition relinquished to the third party
9 will be returned to the defendant, until the sheriff
10 accepts return of the safekeeping permit pursuant to
11 subsection (d).
12 (F) A plain language summary of 18 Pa.C.S. §§
13 6105(a.1)(5) and (c)(6), 6111(c) (relating to sale or
14 transfer of firearms) and 6115 (relating to loans on,
15 or lending or giving firearms prohibited).
16 (G) A plain language summary of this section.
17 (H) An acknowledgment that the third party is
18 not prohibited from possessing firearms, other
19 weapons or ammunition pursuant to any Federal or
20 State law.
21 (I) An acknowledgment that the third party is
22 not subject to an active protection from abuse order.
23 (J) An acknowledgment that the defendant has
24 never been the subject of a protection from abuse
25 order issued on behalf of the third party.
26 (K) An acknowledgment that any firearms, other
27 weapons and ammunition relinquished to the third
28 party will be stored using a locking device as
29 defined in paragraph (1) of the definition of
30 "locking device" in 18 Pa.C.S. § 6142(f) (relating to
20050H1717B2174 - 52 -
1 locking device for firearms) or in a secure location
2 to which the defendant does not have access.
3 (4) The defendant shall, within the time frame specified
4 in the order and in lieu of relinquishment to the sheriff,
5 relinquish the firearms, other weapons and ammunition
6 specified in the affidavits provided to the sheriff pursuant
7 to paragraph (3) to the third party who has been issued a
8 safekeeping permit pursuant to paragraph (2). Upon
9 relinquishment of the firearms to the third party, the third
10 party shall sign an acknowledgment of receipt on a form
11 prescribed by the Pennsylvania State Police, which shall
12 include, at a minimum, an acknowledgment that the firearms
13 were relinquished to the third party within the time frame
14 specified in the order.
15 (5) Within 24 hours of the issuance of the safekeeping
16 permit issued to the third party pursuant to paragraph (2) or
17 by close of the next business day as necessary due to the
18 closure of the sheriff's office, the defendant shall return
19 the signed acknowledgment of receipt required under paragraph
20 (4) to the sheriff in the county where the order was entered.
21 (6) If the defendant fails to provide the acknowledgment
22 of receipt to the sheriff as required under paragraph (5), an
23 affidavit prepared in accordance with section
24 6108(a)(7)(i)(B) (relating to relief), an affidavit under
25 section 6108.2 (relating to relinquishment for consignment
26 sale, lawful transfer or safekeeping) or fails to relinquish
27 any firearms, other weapons or ammunition, the sheriff shall,
28 at a minimum, provide immediate notice to the court, the
29 plaintiff and appropriate law enforcement agencies.
30 (c) Revocation of safekeeping permit.--
20050H1717B2174 - 53 -
1 (1) The sheriff shall revoke a third party's safekeeping
2 permit and require the third party to relinquish to the
3 sheriff any firearms, other weapons or ammunition which were
4 relinquished to the third party by a defendant pursuant to
5 subsection (a) upon determining or being notified that any of
6 the following apply:
7 (i) A protection from abuse order has been entered
8 against the third party.
9 (ii) The third party is prohibited from possessing
10 firearms, other weapons or ammunition pursuant to any
11 Federal or State law.
12 (iii) The defendant has been convicted of a
13 violation of 18 Pa.C.S. Ch. 61 (relating to firearms and
14 other dangerous articles), or any other offense involving
15 the use of a firearm.
16 (iv) The defendant has been held in indirect
17 criminal contempt for violating a provision of the
18 protection from abuse order consistent with section
19 6108(a)(1), (2), (6), (7) or (9) (relating to relief).
20 (2) Upon revocation of a safekeeping permit, the sheriff
21 shall seize the safekeeping permit and all of the defendant's
22 firearms, other weapons and ammunition which were
23 relinquished to the third party. If revocation of the
24 safekeeping permit was:
25 (i) Required pursuant to paragraph (1)(i) or (ii),
26 the sheriff shall notify the defendant that the firearms,
27 other weapons and ammunition which were relinquished to
28 the third party are in the sheriff's possession and that
29 the defendant may report to the sheriff's office in order
30 to relinquish the firearms, other weapons and ammunition
20050H1717B2174 - 54 -
1 to a subsequent third party pursuant to this section or
2 to a licensed dealer pursuant to section 6108.2 (relating
3 to relinquishment for consignment sale, lawful transfer
4 or safekeeping).
5 (ii) Required pursuant to paragraph (1)(iii) or
6 (iv), the sheriff shall maintain possession of the
7 firearms, other weapons and ammunition until the
8 defendant is no longer prohibited from possessing
9 firearms, other weapons and ammunition pursuant to any
10 Federal or State law unless:
11 (A) the defendant has the firearms, other
12 weapons and ammunition relinquished to a licensed
13 dealer pursuant to section 6108.2; or
14 (B) the sheriff is directed to relinquish the
15 firearms, other weapons and ammunition pursuant to a
16 court order.
17 (d) Return of safekeeping permit.--
18 (1) Following expiration of a protection from abuse
19 order, which order provided for the relinquishment of
20 firearms, other weapons or ammunition, the defendant and the
21 third party shall report to the sheriff's office to return
22 the safekeeping permit. Upon a determination by the sheriff
23 that the defendant is:
24 (i) Not prohibited from possessing firearms, other
25 weapons and ammunition, the sheriff shall accept the
26 return of the safekeeping permit and the third party
27 shall relinquish to the defendant all of the defendant's
28 firearms, other weapons and ammunition which were
29 relinquished to the third party pursuant to this section.
30 (ii) Prohibited from possessing a firearm, other
20050H1717B2174 - 55 -
1 weapon or ammunition pursuant to any Federal or State
2 law, the sheriff shall accept return of the permit and
3 seize from the third party all of the defendant's
4 firearms, other weapons and ammunition, which were
5 relinquished to the third party pursuant to this section.
6 The sheriff shall return to the defendant any firearm,
7 other weapon or ammunition, which the defendant is
8 lawfully entitled to possess.
9 (2) Upon issuance of a court order pursuant to 18
10 Pa.C.S. §§ 6105(f)(2) or 6108.1(b) (relating to return of
11 relinquished firearms, other weapons and ammunition) which
12 modifies a valid protection from abuse order by allowing the
13 defendant to take possession of a firearm, other weapon or
14 ammunition that had previously been ordered relinquished, the
15 defendant and the third party shall report to the sheriff's
16 office to return the safekeeping permit. The sheriff shall
17 proceed as directed by the court order.
18 (3) If a third party wishes to relinquish the
19 defendant's firearms, other weapons and ammunition prior to
20 return of the safekeeping permit pursuant to paragraph (1),
21 the sheriff shall accept return of the safekeeping permit and
22 shall seize all of the defendant's firearms, other weapons
23 and ammunition from the third party. The sheriff shall notify
24 the defendant that the firearms, other weapons and
25 ammunition, which were relinquished to the third party are in
26 the sheriff's possession and that the defendant may
27 relinquish the firearms, other weapons and ammunition to a
28 subsequent third party pursuant to this section or to a
29 licensed dealer pursuant to section 6108.2.
30 (e) Civil liability.--A third party who intentionally or
20050H1717B2174 - 56 -
1 knowingly violates any of the provisions of this section shall,
2 in addition to any other penalty prescribed in this chapter or
3 18 Pa.C.S. Ch. 61 be civilly liable to any person for any
4 damages caused thereby and, in addition, shall be liable to any
5 person for punitive damages in an amount not to exceed $5,000,
6 and the court shall award a prevailing plaintiff a reasonable
7 attorney fee as part of the costs.
8 (f) Forms.--The Pennsylvania State Police shall develop and
9 make available:
10 (1) Forms to be used by sheriffs to issue safekeeping
11 permits pursuant to subsection (b)(2).
12 (2) Affidavit forms and receipt forms to be used by
13 defendants and third parties as required under subsection
14 (b)(3) and (4).
15 (g) Transfer upon final entry.--A defendant who has
16 previously relinquished firearms, other weapons or ammunition to
17 the sheriff pursuant to a temporary order, shall be permitted to
18 have the firearms, other weapons and ammunition relinquished to
19 a third party pursuant to this section following entry of a
20 final protection from abuse order, which order provides for the
21 relinquishment of firearms, other weapons or ammunition during
22 the period of time the order is in effect.
23 (h) Nondisclosure.--All copies of the safekeeping permit
24 issued under subsection (b)(2) retained by the sheriff and the
25 affidavits and forms obtained under subsection (b)(3) and (4)
26 shall not be subject to access under the act of June 21, 1957
27 (P.L.390, No.212), referred to as the Right-to-Know Law.
28 (i) Definitions.--As used in this section, the following
29 words and phrases shall have the meanings given to them in this
30 subsection:
20050H1717B2174 - 57 -
1 "Safekeeping." The secure custody of firearms, other weapons
2 or ammunition, which were ordered relinquished by a valid
3 protection from abuse order, by a third party.
4 "Third party." A person, other than the defendant, who:
5 (1) Is not a member of the defendant's household.
6 (2) Is not prohibited from possessing firearms pursuant
7 to any Federal or State law.
8 § 6108.4. Registry or database of firearm ownership.
9 (a) Confidentiality.--Information retained to ensure
10 compliance with this chapter and to document the return of
11 firearms shall not be subject to access under the act of June
12 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know
13 Law.
14 (b) Construction.--Nothing in this chapter shall be
15 construed to allow a government or law enforcement agency, or an
16 agent or employee of either, or any other person or entity to
17 create, maintain or operate a database or registry of firearm
18 ownership within this Commonwealth. However, information may be
19 retained to ensure compliance with this chapter and to document
20 the return of firearms.
21 § 6108.5. Penalties for release of information.
22 Any person who violates section 6108(a)(7)(v) (relating to
23 relief) by releasing information with the intent and purpose of
24 committing such violation commits a misdemeanor of the third
25 degree.
26 Section 10. Section 6110 of Title 23 is amended by adding a
27 subsection to read:
28 § 6110. Emergency relief by minor judiciary.
29 * * *
30 (e) Master for emergency relief.--The president judge of a
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1 court of common pleas of a judicial district may provide for the
2 selection and appointment of a master for emergency relief on a
3 full-time or part-time basis. The number of masters for
4 emergency relief shall be fixed by the president judge. The
5 compensation of a master for emergency relief shall be fixed and
6 paid by the county.
7 Section 11. Sections 6113 and 6113.1 of Title 23, amended
8 November 30, 2004 (P.L.1618, No.207), are amended to read:
9 § 6113. Arrest for violation of order.
10 (a) General rule.--An arrest for violation of an order
11 issued pursuant to this chapter or a foreign protection order
12 may be without warrant upon probable cause whether or not the
13 violation is committed in the presence of the police officer or
14 sheriff in circumstances where the defendant has violated a
15 provision of an order consistent with section 6108(a)(1), (2),
16 (3), (4), (6), (7) or (9) (relating to relief). The police
17 officer or sheriff may verify the existence of a protection
18 order by telephone, radio or other electronic communication with
19 the appropriate police department, Pennsylvania State Police
20 registry, protection order file or issuing authority. A police
21 officer or sheriff shall arrest a defendant for violating an
22 order issued under this chapter by a court within the judicial
23 district, issued by a court in another judicial district within
24 this Commonwealth or a foreign protection order issued by a
25 comparable court.
26 (b) Seizure of [weapons] firearms, other weapons and
27 ammunition.--Subsequent to an arrest, the police officer or
28 sheriff shall seize all [weapons] firearms, other weapons and
29 ammunition used or threatened to be used during the violation of
30 the protection order or during prior incidents of abuse and any
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1 other firearms in the defendant's possession. As soon as it is
2 reasonably possible, the arresting officer shall deliver the
3 confiscated [weapons] firearms, other weapons and ammunition to
4 the office of the sheriff. The sheriff shall maintain possession
5 of the [weapons] firearms, other weapons and ammunition until
6 the court issues an order specifying the [weapons] firearms,
7 other weapons and ammunition to be relinquished and the persons
8 to whom the [weapons] firearms, other weapons and ammunition
9 shall be relinquished.
10 (c) Procedure following arrest.--Subsequent to an arrest,
11 the defendant shall be taken by the police officer or sheriff
12 without unnecessary delay before the court in the judicial
13 district where the contempt is alleged to have occurred. When
14 that court is unavailable, the police officer or sheriff shall
15 convey the defendant to a magisterial district judge designated
16 as appropriate by local rules of court or, in the city of
17 Pittsburgh, to a magistrate of the Pittsburgh Magistrates Court
18 or, in counties of the first class, to the appropriate hearing
19 officer. For purposes of procedure relating to arraignments for
20 arrest for violation of an order issued under this chapter, the
21 judges of Pittsburgh Magistrates Court shall be deemed to be
22 magisterial district judges.
23 (d) Preliminary arraignment.--The defendant shall be
24 afforded a preliminary arraignment without unnecessary delay.
25 (e) Other emergency powers unaffected.--This section shall
26 not be construed to in any way limit any of the other powers for
27 emergency relief provided in this chapter.
28 (f) Hearing.--A hearing shall be scheduled within ten days
29 of the filing of the charge or complaint of indirect criminal
30 contempt. The hearing and any adjudication shall not preclude a
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1 hearing on other criminal charges underlying the contempt, nor
2 shall a hearing or adjudication on other criminal charges
3 preclude a hearing on a charge of indirect criminal contempt.
4 § 6113.1. Private criminal complaints for violation of order or
5 agreement.
6 (a) General rule.--A plaintiff may file a private criminal
7 complaint against a defendant, alleging indirect criminal
8 contempt for a noneconomic violation of any provision of an
9 order or court-approved consent agreement issued under this
10 chapter or a foreign protection order, with the court, the
11 office of the district attorney or the magisterial district
12 judge in the jurisdiction or county where the violation
13 occurred, except that, in a city of the first class, a complaint
14 may only be filed with the family division of the court of
15 common pleas or the office of the district attorney.
16 (b) Procedure service.--Procedure for filing and service of
17 a private criminal complaint shall be provided as set forth by
18 local rule. No fees or costs associated with the prosecution of
19 the private criminal complaint shall be assigned to the
20 plaintiff at any stage of the proceeding, including, but not
21 limited to, filing, service, failure to prosecute, withdrawal or
22 dismissal. Nothing in this subsection is intended to expand or
23 diminish the court's authority to enter an order pursuant to
24 Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of Documents.
25 Representations to the Court. Violation).
26 (c) Fees and costs.--After a finding of indirect criminal
27 contempt, fees and costs may be assessed against the defendant.
28 The court shall waive fees and costs imposed pursuant to this
29 chapter, upon a showing of good cause or when the court makes a
30 finding that the defendant is not able to pay the costs
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1 associated with the indirect criminal contempt action. Nothing
2 in this subsection is intended to expand or diminish the court's
3 authority to enter an order pursuant to Pa.R.C.P. No. 1023.1.
4 Section 12. Sections 6114 and 6117 of Title 23 are amended
5 to read:
6 § 6114. Contempt for violation of order or agreement.
7 (a) General rule.--Where the police, sheriff or the
8 plaintiff have filed charges of indirect criminal contempt
9 against a defendant for violation of a protection order issued
10 under this chapter, a foreign protection order or a court-
11 approved consent agreement, the court may hold the defendant in
12 indirect criminal contempt and punish the defendant in
13 accordance with law.
14 (a.1) Jurisdiction.--A court shall have jurisdiction over
15 indirect criminal contempt charges for violation of a protection
16 order issued pursuant to this chapter [or a foreign protection
17 order] in the county where the violation occurred[.] and in the
18 county where the protection order was granted. A court shall
19 have jurisdiction over indirect criminal contempt charges for
20 violation of a foreign protection order in the county where the
21 violation occurred.
22 (a.2) Minor defendant.--Any defendant who is a minor and who
23 is charged with indirect criminal contempt for allegedly
24 violating a protection from abuse order shall be considered to
25 have committed an alleged delinquent act as that term is defined
26 in 42 Pa.C.S. § 6302 (relating to definitions) and shall be
27 treated as provided in 42 Pa.C.S. Ch. 63 (relating to juvenile
28 matters).
29 (b) Trial and punishment.--
30 (1) A sentence for contempt under this chapter may
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1 include [imprisonment up to six months or a fine of not less
2 than $100 nor more than $1,000, or both, and may include
3 other relief set forth in this chapter. All moneys received
4 under this section shall be forwarded to the Commonwealth and
5 shall be used by the Pennsylvania State Police to establish
6 and maintain the Statewide registry of protection orders
7 provided for in section 6105 (relating to responsibilities of
8 law enforcement agencies). The defendant shall not have a
9 right to a jury trial on such a charge; however, the
10 defendant shall be entitled to counsel.]:
11 (i) (A) a fine of not less than $300 nor more than
12 $1,000 and imprisonment up to six months; or
13 (B) a fine of not less than $300 nor more than
14 $1,000 and supervised probation not to exceed six
15 months; and
16 (ii) an order for other relief set forth in this
17 chapter.
18 (2) All money received under this section shall be
19 distributed in the following order of priority:
20 (i) $100 shall be forwarded to the Commonwealth and
21 shall be used by the Pennsylvania State Police to
22 establish and maintain the Statewide registry of
23 protection orders provided for in section 6105 (relating
24 to responsibilities of law enforcement agencies).
25 (ii) $100 shall be retained by the county and shall
26 be used to carry out the provisions of this chapter as
27 follows:
28 (A) $50 shall be used by the sheriff.
29 (B) $50 shall be used by the court.
30 (iii) $100 shall be forwarded to the Department of
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1 Public Welfare for use for victims of domestic violence
2 in accordance with the provisions of section 2333 of the
3 act of April 9, 1929 (P.L.177, No.175), known as The
4 Administrative Code of 1929.
5 (iv) Any additional money shall be forwarded to the
6 Commonwealth and shall be used by the Pennsylvania State
7 Police to establish and maintain the Statewide registry
8 of protection orders provided for in section 6105.
9 (3) The defendant shall not have a right to a jury trial
10 on a charge of indirect criminal contempt. However, the
11 defendant shall be entitled to counsel.
12 (4) Upon conviction for indirect criminal contempt and
13 at the request of the plaintiff, the court shall also grant
14 an extension of the protection order for an additional term.
15 (5) Upon conviction for indirect criminal contempt, the
16 court shall notify the sheriff of the jurisdiction which
17 issued the protection order of the conviction.
18 (6) The minimum fine required by subsection (b)(1)
19 allocated pursuant to subsection (b)(2)(i) and (iii) shall be
20 used to supplement and not to supplant any other source of
21 funds received for the purpose of carrying out the provisions
22 of this chapter.
23 (c) Notification upon release.--The appropriate releasing
24 authority or other official as designated by local rule shall
25 use all reasonable means to notify the victim sufficiently in
26 advance of the release of the offender from any incarceration
27 imposed under subsection (b). Notification shall be required for
28 work release, furlough, medical leave, community service,
29 discharge, escape and recapture. Notification shall include the
30 terms and conditions imposed on any temporary release from
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1 custody. The plaintiff must keep the appropriate releasing
2 authority or other official as designated by local rule advised
3 of contact information; failure to do so will constitute waiver
4 of any right to notification under this section.
5 (d) Multiple remedies.--Disposition of a charge of indirect
6 criminal contempt shall not preclude the prosecution of other
7 criminal charges associated with the incident giving rise to the
8 contempt, nor shall disposition of other criminal charges
9 preclude prosecution of indirect criminal contempt associated
10 with the criminal conduct giving rise to the charges.
11 § 6117. Procedure and other remedies.
12 (a) General rule.--Unless otherwise indicated in this
13 chapter, a proceeding under this chapter shall be in accordance
14 with applicable general rules and shall be in addition to any
15 other available civil or criminal remedies. The plaintiff and
16 the defendant may seek modification of an order issued under
17 section 6108 (relating to relief) at any time during the
18 pendency of an order. [Modification] Except as otherwise
19 indicated in this chapter, modification may be ordered after the
20 filing of a petition for modification, service of the petition
21 and a hearing on the petition.
22 (b) Remedies for bad faith.--Notwithstanding any other
23 provision of law, upon finding that an individual commenced a
24 proceeding under this chapter in bad faith, a court shall direct
25 the individual to pay to the defendant actual damages and
26 reasonable attorney fees. Failure to prove an allegation of
27 abuse by a preponderance of the evidence shall not, by itself,
28 result in a finding of bad faith.
29 Section 13. Title 23 is amended by adding sections to read:
30 § 6119. Immunity.
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1 (a) General rule.--Law enforcement agencies and their
2 employees, including police officers and sheriffs, shall, except
3 as provided in subsection (b), be immune from civil liability
4 for actions taken in good faith to carry out their duties
5 relating to the seizure and relinquishment of firearms, other
6 weapons and ammunition as provided for in this chapter, except
7 for gross negligence, intentional misconduct or reckless,
8 willful or wanton misconduct.
9 (b) Exception.--Law enforcement agencies and their
10 employees, including police officers and sheriffs, shall be
11 liable to the lawful owner of confiscated, seized or
12 relinquished firearms in accordance with 18 Pa.C.S. § 6105(f)
13 (relating to persons not to possess, use, manufacture, control,
14 sell or transfer firearms) and shall be liable to the lawful
15 owner of confiscated, seized or relinquished other weapons or
16 ammunition for any loss, damage or substantial decrease in the
17 value of the other weapons or ammunition that is a direct result
18 of a lack of reasonable care by the law enforcement agency or
19 its employees.
20 § 6120. Inability to pay.
21 (a) Order for installment payments.--Upon plea and proof
22 that a person is without the financial means to pay a fine, a
23 fee, economic relief ordered under section 6108(a)(8) (relating
24 to relief) or a cost, a court may order payment of money owed in
25 installments appropriate to the circumstances of the person and
26 shall fix the amounts, times and manner of payment. Installment
27 payments shall not exceed two years.
28 (b) Use of credit cards.--The treasurer of each county may
29 allow the use of credit cards and bank cards in the payment of
30 money owed under this chapter.
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1 § 6121. Warrantless searches.
2 Except as provided in section 6113 (relating to arrest for
3 violation of order), nothing in this chapter shall authorize a
4 warrantless search for firearms, other weapons or ammunition.
5 § 6122. Construction.
6 Nothing in this chapter shall be construed to preclude an
7 action for wrongful use of civil process pursuant to 42 Pa.C.S.
8 Ch. 83 Subch. E (relating to wrongful use of civil proceedings)
9 or criminal prosecution for a violation of 18 Pa.C.S. Ch. 49
10 (relating to falsification and intimidation).
11 Section 14. The Pennsylvania Commission on Crime and
12 Delinquency shall submit a report to the General Assembly three
13 years after the effective date of this section on the progress
14 of the Firearms License to Carry Modernization Fund.
15 Section 15. This act shall take effect as follows:
16 (1) The addition or amendment of 18 Pa.C.S. § 6109(e)(3)
17 introductory paragraph, (i), (ii), (v) and (vi) shall take
18 effect in 90 days.
19 (2) The addition or amendment of 18 Pa.C.S. §
20 6109(e)(3)(iii), (iv) and (4) shall take effect upon
21 publication of the notice under 18 Pa.C.S. § 6109(h)(2) or
22 five years and 60 days, whichever is first.
23 (3) This section shall take effect immediately.
24 (4) The remainder of this act shall take effect in 60
25 days.
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