PRINTER'S NO. 344
No. 328 Session of 2003
INTRODUCED BY TARTAGLIONE, KITCHEN, LOGAN, MUSTO, COSTA, O'PAKE,
SCHWARTZ, BOSCOLA AND C. WILLIAMS, FEBRUARY 18, 2003
REFERRED TO JUDICIARY, FEBRUARY 18, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further prohibiting the purchase of
3 firearms.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6105 heading and (a) and (c)(6) of Title
7 18 of the Pennsylvania Consolidated Statutes are amended to
8 read:
9 § 6105. Persons not to purchase, possess, use, manufacture,
10 control, sell or transfer firearms.
11 (a) Offense defined.--
12 (1) A person who has been convicted of an offense
13 enumerated in subsection (b), within or without this
14 Commonwealth, regardless of the length of sentence or whose
15 conduct meets the criteria in subsection (c) shall not
16 possess, use, control, sell, transfer or manufacture or
17 obtain a license to possess, use, control, sell, transfer or
18 manufacture a firearm in this Commonwealth.
1 (1.1) A person who is the subject of an active
2 protection from abuse order issued pursuant to 23 Pa.C.S. §
3 6108 (relating to relief) shall be prohibited from acquiring
4 or purchasing any firearm during the period of time the order
5 is in effect. This prohibition shall terminate upon the
6 expiration or vacation of an active protection from abuse
7 order.
8 (2) A person who is prohibited from possessing, using,
9 controlling, selling, transferring or manufacturing a firearm
10 under paragraph (1) or subsection (b) or (c) shall have a
11 reasonable period of time, not to exceed 60 days from the
12 date of the imposition of the disability under this
13 subsection, in which to sell or transfer that person's
14 firearms to another eligible person who is not a member of
15 the prohibited person's household.
16 * * *
17 (c) Other persons.--In addition to any person who has been
18 convicted of any offense listed under subsection (b), the
19 following persons shall be subject to the prohibition of
20 subsection (a):
21 * * *
22 (6) A person who is the subject of an active protection
23 from abuse order issued pursuant to 23 Pa.C.S. § 6108
24 [(relating to relief)], which order provided for the
25 confiscation of firearms during the period of time the order
26 is in effect. This prohibition shall terminate upon the
27 expiration or vacation of an active protection from abuse
28 order or portion thereof relating to the confiscation of
29 firearms.
30 * * *
20030S0328B0344 - 2 -
1 Section 2. This act shall take effect in 60 days.
A27L18MRD/20030S0328B0344 - 3 -