PRINTER'S NO. 2634
No. 17 Session of 2005
INTRODUCED BY ROONEY, CORRIGAN, JAMES, WHEATLEY, BEBKO-JONES,
CALTAGIRONE, FRANKEL, YOUNGBLOOD AND JOSEPHS, AUGUST 24, 2005
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 24, 2005
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting the storage of firearms
3 within easy access of children; and imposing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 6302.1. Access to firearms by minors.
9 (a) Storage requirements.--
10 (1) A person who stores or leaves a firearm on premises
11 under his control and who knows or reasonably should know
12 that a minor is likely to gain access to the firearm without
13 the lawful permission of the minor's parent or the person
14 having charge of the minor or without the supervision
15 required by law shall:
16 (i) keep the firearm in a securely locked box or
17 container or in a location which a reasonable person
18 would believe to be secure; or
1 (ii) shall secure the firearm with a trigger lock,
2 except when he is carrying the firearm on his body or
3 within such close proximity thereto that he can retrieve
4 and use it as easily and quickly as if he carried it on
5 his body.
6 (2) A violation of this subsection only occurs if the
7 firearm so stored or left on the premises is used in the
8 commission of a crime.
9 (3) A violation of this subsection constitutes a
10 misdemeanor of the third degree.
11 (4) This subsection does not apply if the minor obtains
12 the firearm as a result of an unlawful entry by any person.
13 (b) Access resulting in injury or death.--
14 (1) A violation of subsection (a) resulting in the use
15 of a firearm by a minor and the injury or death of any person
16 constitutes a felony of the third degree.
17 (2) This subsection shall not apply in any of the
18 following circumstances:
19 (i) The firearm is stored or left in a securely
20 locked box or container or in a location which a person
21 would reasonably believe to be secure or is securely
22 locked with a trigger lock.
23 (ii) The minor obtains the firearm as a result of an
24 unlawful entry by any person.
25 (iii) The injuries result from target or sport
26 shooting accidents or hunting accidents.
27 (iv) The minor's possession of a firearm is
28 incidental to the performance of official duties of the
29 United States Armed Forces, the Pennsylvania National
30 Guard or the personnel of any Federal, State or local law
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1 enforcement agency.
2 (c) Notice by retailer.--
3 (1) Any person who offers for sale at retail any firearm
4 shall post in a conspicuous place the following notice:
5 It is unlawful to store or leave a firearm in any
6 place within the reach or easy access of a minor.
7 (2) Any person who offers for sale at retail any firearm
8 shall notify the purchaser of the availability of a trigger
9 lock.
10 (3) A violation of paragraph (1) constitutes a
11 misdemeanor of the third degree.
12 Section 2. This act shall take effect in 60 days.
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