device designed to unlock the mechanism; or
(3) in a securely locked box or container or a location
that a reasonable person would believe to be secure.
(b) Exception.--Subsection (a) shall not apply if a person
carries a firearm:
(1) on the person's body; or
(2) within close enough proximity to the person's body
that the person is able to retrieve and use the firearm as if
the firearm was on the person's body.
(c) Penalties.--A person who violates subsection (a)
commits:
(1) A summary offense with no term of imprisonment if
the offense is a first offense.
(2) A misdemeanor of the third degree if the offense is
a second or subsequent offense.
(3) A felony of the third degree if:
(i) another person takes possession of the firearm;
and
(ii) the firearm is used in the commission of a
crime or used in an event that results in the injury or
death of another person.
(d) Defenses.--It shall be a defense to prosecution under
this section if any of the following apply:
(1) The firearm was secured in a manner described under
subsection (a).
(2) The firearm was obtained as a result of an unlawful
entry by any person.
(3) An injury resulted from a target or sport shooting
accident or hunting accident.
(4) Possession of the firearm is incidental to the
20190SB0138PN0114 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30