PRINTER'S NO. 4154
No. 2960 Session of 1998
INTRODUCED BY FORCIER, NOVEMBER 18, 1998
REFERRED TO COMMITTEE ON RULES, NOVEMBER 18, 1998
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for the registration
3 and sale of certain firearms.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6101 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 6101. Short title of subchapter.
9 This subchapter shall be known and may be cited as the
10 [Pennsylvania Uniform Firearms Act of 1995] Firearms Rights
11 Restoration Act of 1998.
12 Section 2. Title 18 is amended by adding a section to read:
13 § 6101.1. Legislative intent.
14 It is the intent of the General Assembly to restore the
15 rights of the citizens of this Commonwealth, guaranteed by both
16 the Second Amendment of the Constitution of the United States
17 and section 21 of Article 1 of the Constitution of Pennsylvania,
18 to keep and bear arms in defense of themselves.
1 Section 3. Sections 6105(b), (c)(3) and (e)(2), 6106
2 heading, (a) and (b)(12), 6109(k), 6110.1, 6111(b)(1.2) and
3 (1.3), (g)(3.1) and (i), 6111.1(k), 6111.2, 6111.3(b), 6111.4,
4 6115(b)(1) and 6122 of Title 18 are amended to read:
5 § 6105. Persons not to possess, use, manufacture, control, sell
6 or transfer firearms.
7 * * *
8 (b) Enumerated offenses.--The following offenses shall apply
9 to subsection (a):
10 [Section 908 (relating to prohibited offensive weapons).
11 Section 911 (relating to corrupt organizations).
12 Section 912 (relating to possession of weapon on school
13 property).]
14 Section 2502 (relating to murder).
15 Section 2503 (relating to voluntary manslaughter).
16 Section 2504 (relating to involuntary manslaughter) if
17 the offense is based on the reckless use of a firearm.
18 Section 2702 (relating to aggravated assault).
19 Section 2703 (relating to assault by prisoner).
20 Section 2704 (relating to assault by life prisoner).
21 Section 2709 (relating to harassment and stalking) if the
22 offense relates to stalking.
23 Section 2901 (relating to kidnapping).
24 Section 2902 (relating to unlawful restraint).
25 Section 2910 (relating to luring a child into a motor
26 vehicle).
27 Section 3121 (relating to rape).
28 Section 3123 (relating to involuntary deviate sexual
29 intercourse).
30 Section 3125 (relating to aggravated indecent assault).
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1 Section 3301 (relating to arson and related offenses).
2 Section 3302 (relating to causing or risking
3 catastrophe).
4 Section 3502 (relating to burglary).
5 Section 3503 (relating to criminal trespass) if the
6 offense is graded a felony of the second degree or higher.
7 Section 3701 (relating to robbery).
8 Section 3702 (relating to robbery of motor vehicle).
9 Section 3921 (relating to theft by unlawful taking or
10 disposition) upon conviction of the second felony offense.
11 Section 3923 (relating to theft by extortion) when the
12 offense is accompanied by threats of violence.
13 Section 3925 (relating to receiving stolen property) upon
14 conviction of the second felony offense.
15 Section 4912 (relating to impersonating a public servant)
16 if the person is impersonating a law enforcement officer.
17 Section 4952 (relating to intimidation of witnesses or
18 victims).
19 Section 4953 (relating to retaliation against witness or
20 victim).
21 Section 5121 (relating to escape).
22 Section 5122 (relating to weapons or implements for
23 escape).
24 Section 5501(3) (relating to riot).
25 [Section 5515 (relating to prohibiting of paramilitary
26 training).
27 Section 6110.1 (relating to possession of firearm by
28 minor).]
29 Section 6301 (relating to corruption of minors).
30 Section 6302 (relating to sale or lease of weapons and
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1 explosives).
2 Any offense equivalent to any of the above-enumerated
3 offenses under the prior laws of this Commonwealth or any
4 offense equivalent to any of the above-enumerated offenses
5 under the statutes of any other state or of the United
6 States.
7 (c) Other persons.--In addition to any person who has been
8 convicted of any offense listed under subsection (b), the
9 following persons shall be subject to the prohibition of
10 subsection (a):
11 * * *
12 [(3) A person who has been convicted of driving under
13 the influence of alcohol or controlled substance as provided
14 in 75 Pa.C.S. § 3731 (relating to driving under influence of
15 alcohol or controlled substance) on three or more separate
16 occasions within a five-year period. For the purposes of this
17 paragraph only, the prohibition of subsection (a) shall only
18 apply to transfers or purchases of firearms after the third
19 conviction.]
20 * * *
21 (e) Proceedings.--
22 * * *
23 [(2) Upon application to the court of common pleas
24 pursuant to paragraph (1) by an applicant who is subject to
25 the prohibition under subsection (c)(3), the court shall
26 grant such relief if a period of ten years, not including any
27 time spent in incarceration, has passed since the applicant's
28 most recent conviction under subsection (c)(3).]
29 * * *
30 § 6106. Firearms not to be carried without a license in
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1 cities of the first and second class.
2 (a) Offense defined.--A person who is otherwise eligible to
3 possess a valid license under this chapter but has not obtained
4 a license may carry a firearm open or concealed in any vehicle
5 or on or about his person anywhere in this Commonwealth except
6 within the boundaries of a city of the first or second class.
7 For the purposes of this section, cities of the second class
8 does not include cities of the second class A.
9 (1) Except as provided in paragraph (2), any person who
10 carries a firearm in any vehicle within a city of the first
11 or second class or any person who carries a firearm concealed
12 on or about his person within a city of the first or second
13 class, except in his place of abode or fixed place of
14 business, without a valid and lawfully issued license under
15 this chapter commits a felony of the third degree.
16 (2) A person who is otherwise eligible to possess a
17 valid license under this chapter but carries a firearm in any
18 vehicle within a city of the first or second class or any
19 person who carries a firearm concealed on or about his person
20 within a city of the first or second class, except in his
21 place of abode or fixed place of business, without a valid
22 and lawfully issued license and has not committed any other
23 criminal violation commits a misdemeanor of the first degree.
24 (b) Exceptions.--The provisions of subsection (a) shall not
25 apply to:
26 * * *
27 (12) A person who has a valid lawfully issued license to
28 carry a firearm pursuant to section 6109 (relating to
29 licenses) and that said license either has not expired or has
30 expired within six months prior to the date of arrest and
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1 that the individual is otherwise eligible for renewal of the
2 license.
3 * * *
4 § 6109. Licenses.
5 * * *
6 (k) Reciprocity.--The Attorney General [may] shall enter
7 into reciprocity agreements with other states providing for the
8 mutual recognition of each state's license to carry a firearm.
9 [§ 6110.1. Possession of firearm by minor.
10 (a) Firearm.--Except as provided in subsection (b), a person
11 under 18 years of age shall not possess or transport a firearm
12 anywhere in this Commonwealth.
13 (b) Exception.--Subsection (a) shall not apply to a person
14 under 18 years of age:
15 (1) who is under the supervision of a parent,
16 grandparent, legal guardian or an adult acting with the
17 expressed consent of the minor's custodial parent or legal
18 guardian and the minor is engaged in lawful activity,
19 including safety training, lawful target shooting, engaging
20 in an organized competition involving the use of a firearm or
21 the firearm is unloaded and the minor is transporting it for
22 a lawful purpose; or
23 (2) who is lawfully hunting or trapping in accordance
24 with 34 Pa.C.S. (relating to game).
25 (c) Responsibility of adult.--Any person who knowingly and
26 intentionally delivers or provides to the minor a firearm in
27 violation of subsection (a) commits a felony of the third
28 degree.
29 (d) Forfeiture.--Any firearm in the possession of a person
30 under 18 years of age in violation of this section shall be
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1 promptly seized by the arresting law enforcement officer and
2 upon conviction or adjudication of delinquency shall be
3 forfeited or, if stolen, returned to the lawful owner.]
4 § 6111. Sale or transfer of firearms.
5 * * *
6 (b) Duty of seller.--No licensed importer, licensed
7 manufacturer or licensed dealer shall sell or deliver any
8 firearm to another person, other than a licensed importer,
9 licensed manufacturer, licensed dealer or licensed collector,
10 until the conditions of subsection (a) have been satisfied and
11 until he has:
12 * * *
13 (1.2) Fees collected under paragraph (3) [and section
14 6111.2 (relating to firearm sales surcharge)] shall be
15 transmitted to the Pennsylvania State Police within 14 days
16 of collection.
17 (1.3) [In addition to the criminal penalty under section
18 6119 (relating to violation penalty), any] Any person who
19 knowingly and intentionally maintains or fails to destroy any
20 information submitted to the Pennsylvania State Police for
21 purposes of a background check pursuant to paragraphs (1.1)
22 [and], (1.4) or (6) or communicates such information to any
23 person not entitled to receive it or violates section 6111.4
24 shall be subject to [a civil penalty of $250] a term of
25 imprisonment of not more than five years and a fine of not
26 more than $100,000 per violation, entry or failure to
27 destroy.
28 * * *
29 (g) Penalties.--
30 * * *
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1 (3.1) Any person, licensed dealer, licensed manufacturer
2 or licensed importer who knowingly and intentionally obtains
3 or furnishes information collected or maintained pursuant to
4 section 6109 for any purpose other than compliance with this
5 chapter or who knowingly or intentionally disseminates,
6 publishes or otherwise makes available such information to
7 any person other than the subject of the information [commits
8 a felony of the third degree] shall be subject to a term of
9 imprisonment for not more than five years and a fine of not
10 more than $100,000 per violation.
11 * * *
12 (i) Confidentiality.--All information provided by the
13 potential purchaser, transferee or applicant, including, but not
14 limited to, the potential purchaser, transferee or applicant's
15 name or identity, furnished by a potential purchaser or
16 transferee under this section or any applicant for a license to
17 carry a firearm as provided by section 6109 shall be
18 confidential and not subject to public disclosure. In addition
19 to any other sanction or penalty imposed by this chapter, any
20 person, licensed dealer, State or local governmental agency or
21 department that violates this subsection shall be liable in
22 civil damages in the amount of [$1,000] $100,000 per occurrence
23 or three times the actual damages incurred as a result of the
24 violation, whichever is greater, as well as reasonable attorney
25 fees.
26 § 6111.1. Pennsylvania State Police.
27 * * *
28 (k) Definitions.--As used in this section, the following
29 words and phrases shall have the meanings given to them in this
30 subsection:
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1 "Firearm." The term shall [have the same meaning as in
2 section 6111.2 (relating to firearm sales surcharge)] mean any
3 weapon which is designed to or may readily be converted to expel
4 any projectile by the action of an explosion or the frame or the
5 receiver of any such weapon.
6 "Physician." Any licensed psychiatrist or clinical
7 psychologist as defined in the act of July 9, 1976 (P.L.817,
8 No.143), known as the Mental Health Procedures Act.
9 [§ 6111.2. Firearm sales surcharge.
10 (a) Surcharge imposed.--There is hereby imposed on each sale
11 of a firearm subject to tax under Article II of the act of March
12 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, an
13 additional surcharge of $3. This shall be referred to as the
14 Firearm Sale Surcharge. All moneys received from this surcharge
15 shall be deposited in the Firearm Instant Records Check Fund.
16 (b) Increases or decreases.--Five years from the effective
17 date of this subsection, and every five years thereafter, the
18 Pennsylvania State Police shall provide such information as
19 necessary to the Legislative Budget and Finance Committee for
20 the purpose of reviewing the need to increase or decrease the
21 instant check fee. The committee shall issue a report of its
22 findings and recommendations to the General Assembly for a
23 statutory change in the fee.
24 (c) Revenue sources.--Funds received under the provisions of
25 this section and section 6111(b)(3) (relating to sale or
26 transfer of firearms), as estimated and certified by the
27 Secretary of Revenue, shall be deposited within five days of the
28 end of each quarter into the fund.
29 (d) Definition.--As used in this section only, the term
30 "firearm" shall mean any weapon which is designed to or may
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1 readily be converted to expel any projectile by the action of an
2 explosion or the frame or receiver of any such weapon.]
3 § 6111.3. Firearm Records Check Fund.
4 * * *
5 (b) Source.--The source of the fund shall be moneys
6 collected and transferred under section [6111.2 (relating to
7 firearm sales surcharge) and moneys collected and transferred
8 under section] 6111(b)(3).
9 § 6111.4. Registration of firearms.
10 Notwithstanding any section of this chapter to the contrary,
11 nothing in this chapter shall be construed to allow any
12 government or law enforcement agency or any agent thereof to
13 create, maintain or operate any registry of firearm ownership
14 within this Commonwealth. For the purposes of this section only,
15 the term "firearm" shall include any weapon that is designed to
16 or may readily be converted to expel any projectile by the
17 action of an explosive or the frame or receiver of any such
18 weapon. For the purposes of this section only, the term
19 "registry" shall include the maintenance of any information,
20 whether compiled or not, concerning either the legal possession
21 or legal transfer of firearms by Commonwealth residents.
22 "Registry" shall not include the maintenance of information on
23 the possession of any firearm prohibited by law or the transfer
24 of any firearm prohibited by law. An individual violating this
25 section shall be imprisoned for a term of up to five years and
26 fined up to $100,000 per violation.
27 § 6115. Loans on, or lending or giving firearms prohibited.
28 * * *
29 (b) Exception.--
30 (1) Subsection (a) shall not apply if any of the
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1 following apply:
2 (i) The person who receives the firearm is licensed
3 to carry a firearm under section 6109 (relating to
4 licenses).
5 (ii) The person who receives the firearm is exempt
6 from licensing.
7 (iii) The person who receives the firearm is engaged
8 in a hunter safety program certified by the Pennsylvania
9 Game Commission or a firearm training program or
10 competition sanctioned or approved by the National Rifle
11 Association.
12 (iv) The person who receives the firearm meets all
13 of the following:
14 (A) Is under 18 years of age.
15 (B) [Pursuant to section 6110.1 (relating to
16 possession of firearm by minor) is] Is under the
17 supervision, guidance and instruction of a
18 responsible individual who:
19 (I) is 21 years of age or older; and
20 (II) is not prohibited from owning or
21 possessing a firearm under section 6105 (relating
22 to persons not to possess, use, manufacture,
23 control, sell or transfer firearms).
24 (v) The person who receives the firearm is lawfully
25 hunting or trapping and is in compliance with the
26 provisions of Title 34 (relating to game).
27 (vi) A bank or other chartered lending institution
28 is able to adequately secure firearms in its possession.
29 * * *
30 [§ 6122. Proof of license and exception.
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1 (a) General rule.--When carrying a firearm concealed on or
2 about one's person or in a vehicle, an individual licensed to
3 carry a firearm shall, upon lawful demand of a law enforcement
4 officer, produce the license for inspection. Failure to produce
5 such license either at the time of arrest or at the preliminary
6 hearing shall create a rebuttable presumption of nonlicensure.
7 (b) Exception.--An individual carrying a firearm on or about
8 his person or in a vehicle and claiming an exception under
9 section 6106(b) (relating to firearms not to be carried without
10 a license) shall, upon lawful demand of a law enforcement
11 officer, produce satisfactory evidence of qualification for
12 exception.]
13 Section 4. This act shall take effect immediately.
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