ARTICLE G
MISCELLANEOUS OFFENSES
Chapter
61. Firearms and Other Dangerous Articles
63. Minors
65. Nuisances
67. Proprietary and Official Rights
69. Public Utilities
71. Sports and Amusements
73. Trade and Commerce
75. Other Offenses
Special Provisions in Appendix. See section 4 of Act 334 of
1972 in the appendix to this title for special provisions
relating to the applicability of the Statutory Construction Act
to this article.
CHAPTER 61
FIREARMS AND OTHER DANGEROUS ARTICLES
Subchapter
A. Uniform Firearms Act
B. Firearms Generally
C. Other Dangerous Articles
Enactment. Chapter 61 was added December 6, 1972, P.L.1482,
No.334, effective in six months.
Special Provisions in Appendix. See the preamble to Act 66
of 2005 in the appendix to this title for special provisions
relating to legislative findings and declarations.
Cross References. Chapter 61 is referred to in sections
6108.2, 6108.3 of Title 23 (Domestic Relations).
SUBCHAPTER A
UNIFORM FIREARMS ACT
Sec.
6101. Short title of subchapter.
6102. Definitions.
6103. Crimes committed with firearms.
6104. Evidence of intent.
6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
6105.1. Restoration of firearm rights for offenses under prior
laws of this Commonwealth.
6106. Firearms not to be carried without a license.
6106.1. Carrying loaded weapons other than firearms.
6107. Prohibited conduct during emergency.
6108. Carrying firearms on public streets or public property
in Philadelphia.
6109. Licenses.
6110. Persons to whom delivery shall not be made (Repealed).
6110.1. Possession of firearm by minor.
6110.2. Possession of firearm with altered manufacturer's
number.
6111. Sale or transfer of firearms.
6111.1. Pennsylvania State Police.
6111.2. Firearm sales surcharge.
6111.3. Firearm Records Check Fund.
6111.4. Registration of firearms.
6111.5. Rules and regulations.
6112. Retail dealer required to be licensed.
6113. Licensing of dealers.
6114. Judicial review.
6115. Loans on, or lending or giving firearms prohibited.
6116. False evidence of identity.
6117. Altering or obliterating marks of identification.
6118. Antique firearms.
6119. Violation penalty.
6120. Limitation on the regulation of firearms and
ammunition.
6121. Certain bullets prohibited.
6122. Proof of license and exception.
6123. Waiver of disability or pardons.
6124. Administrative regulations.
6125. Distribution of uniform firearm laws and firearm safety
brochures.
6126. Firearms Background Check Advisory Committee.
6127. Firearm tracing.
Special Provisions in Appendix. See the preamble to Act 17
of the First Special Session of 1995 in the appendix to this
title for special provisions relating to legislative purpose.
Cross References. Subchapter A is referred to in section
6105 of Title 23 (Domestic Relations); section 2503 of Title 34
(Game).
§ 6101. Short title of subchapter.
This subchapter shall be known and may be cited as the
Pennsylvania Uniform Firearms Act of 1995.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)
§ 6102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this subchapter which are applicable to specific
provisions of this subchapter, the following words and phrases,
when used in this subchapter shall have, unless the context
clearly indicates otherwise, the meanings given to them in this
section:
"Commissioner." The Commissioner of the Pennsylvania State
Police.
"Commonwealth Photo Imaging Network." The computer network
administered by the Commonwealth and used to record and store
digital photographs of an individual's face and any scars,
marks, tattoos or other unique features of the individual.
"Conviction." A conviction, a finding of guilty or the
entering of a plea of guilty or nolo contendere, whether or not
judgment of sentence has been imposed, as determined by the law
of the jurisdiction in which the prosecution was held. The term
does not include a conviction which has been expunged or
overturned or for which an individual has been pardoned unless
the pardon expressly provides that the individual may not
possess or transport firearms.
"County treasurer." The county treasurer or, in home rule or
optional plan counties, the person whose duties encompass those
of a county treasurer.
"Crime punishable by imprisonment exceeding one year." The
term does not include any of the following:
(1) Federal or State offenses pertaining to antitrust,
unfair trade practices, restraints on trade or regulation of
business.
(2) State offenses classified as misdemeanors and
punishable by a term of imprisonment not to exceed two years.
"Firearm." Any pistol or revolver with a barrel length less
than 15 inches, any shotgun with a barrel length less than 18
inches or any rifle with a barrel length less than 16 inches, or
any pistol, revolver, rifle or shotgun with an overall length of
less than 26 inches. The barrel length of a firearm shall be
determined by measuring from the muzzle of the barrel to the
face of the closed action, bolt or cylinder, whichever is
applicable.
"Fund." The Firearm Ownership Fund established in section
6111.3 (relating to Firearm Ownership Fund).
"Law enforcement officer." Any person employed by any police
department or organization of the Commonwealth or political
subdivision thereof who is empowered to effect an arrest with or
without warrant and who is authorized to carry a firearm in the
performance of that person's duties.
"Loaded." A firearm is loaded if the firing chamber, the
nondetachable magazine or, in the case of a revolver, any of the
chambers of the cylinder contain ammunition capable of being
fired. In the case of a firearm which utilizes a detachable
magazine, the term shall mean a magazine suitable for use in
said firearm which magazine contains such ammunition and has
been inserted in the firearm or is in the same container or,
where the container has multiple compartments, the same
compartment thereof as the firearm.
"Pennsylvania Sheriffs' Association." The State association
of sheriffs authorized by the act of June 14, 1923 (P.L.774,
No.305), entitled "An act authorizing the sheriffs of the
several counties of this Commonwealth to organize themselves
into a State Association, for the purpose of holding annual
meetings, to secure more uniformity and cooperation in the
conduct of their offices, and providing for the payment of
certain expenses in connection with such meetings by the various
counties."
"Safekeeping permit." As defined in 23 Pa.C.S. § 6102
(relating to definitions).
"Sheriff."
(1) Except as provided in paragraph (2), the sheriff of
the county.
(2) In a city of the first class, the chief or head of
the police department.
"State." When used in reference to different parts of the
United States, includes the District of Columbia, the
Commonwealth of Puerto Rico and territories and possessions of
the United States.
(Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; June 13, 1995,
1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995,
P.L.621, No.66, eff. imd.; Nov. 10, 2005, P.L.335, No.66, eff.
180 days)
2005 Amendment. Act 66 added the defs. of "Commonwealth
Photo Imaging Network," "Pennsylvania Sheriffs' Association,"
"safekeeping permit" and "state."
1995 Amendment. Act 66 added the defs. of "law enforcement
officer" and "loaded."
Cross References. Section 6102 is referred to in sections
6105.1, 6106.1, 6111, 6111.1, 6113, 6121, 6141.1, 6142 of this
title.
§ 6103. Crimes committed with firearms.
If any person commits or attempts to commit a crime
enumerated in section 6105 (relating to persons not to possess,
use, manufacture, control, sell or transfer firearms) when armed
with a firearm contrary to the provisions of this subchapter,
that person may, in addition to the punishment provided for the
crime, also be punished as provided by this subchapter.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)
§ 6104. Evidence of intent.
In the trial of a person for committing or attempting to
commit a crime enumerated in section 6105 (relating to persons
not to possess, use, manufacture, control, sell or transfer
firearms), the fact that that person was armed with a firearm,
used or attempted to be used, and had no license to carry the
same, shall be evidence of that person's intention to commit the
offense.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms.
(a) Offense defined.--
(1) A person who has been convicted of an offense
enumerated in subsection (b), within or without this
Commonwealth, regardless of the length of sentence or whose
conduct meets the criteria in subsection (c) shall not
possess, use, control, sell, transfer or manufacture or
obtain a license to possess, use, control, sell, transfer or
manufacture a firearm in this Commonwealth.
(2) (i) A person who is prohibited from possessing,
using, controlling, selling, transferring or
manufacturing a firearm under paragraph (1) or subsection
(b) or (c) shall have a reasonable period of time, not
to exceed 60 days from the date of the imposition of the
disability under this subsection, in which to sell or
transfer that person's firearms to another eligible
person who is not a member of the prohibited person's
household.
(ii) This paragraph shall not apply to any person
whose disability is imposed pursuant to subsection
(c)(6).
(a.1) Penalty.--
(1) A person convicted of a felony enumerated under
subsection (b) or a felony under the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, or any equivalent Federal statute or
equivalent statute of any other state, who violates
subsection (a) commits a felony of the second degree.
(2) A person who is the subject of an active protection
from abuse order issued pursuant to 23 Pa.C.S. § 6108
(relating to relief), which order provided for the
relinquishment of firearms, other weapons or ammunition
during the period of time the order is in effect, commits a
misdemeanor of the first degree if he intentionally or
knowingly fails to relinquish a firearm, other weapon or
ammunition to the sheriff as required by the order unless, in
lieu of relinquishment, he provides an affidavit which lists
the firearms, other weapons or ammunition to the sheriff in
accordance with either 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2
(relating to relinquishment for consignment sale, lawful
transfer or safekeeping) or 6108.3 (relating to
relinquishment to third party for safekeeping).
(3) (i) A person commits a misdemeanor of the third
degree if he intentionally or knowingly accepts
possession of a firearm, other weapon or ammunition from
a person he knows is the subject of an active protection
from abuse order issued pursuant to 23 Pa.C.S. § 6108,
which order provided for the relinquishment of the
firearm, other weapon or ammunition during the period of
time the order is in effect.
(ii) This paragraph shall not apply to:
(A) a third party who accepts possession of a
firearm, other weapon or ammunition relinquished
pursuant to 23 Pa.C.S. § 6108.3; or
(B) a dealer licensed pursuant to section 6113
(relating to licensing of dealers) or subsequent
purchaser from a dealer licensed pursuant to section
6113, who accepts possession of a firearm, other
weapon or ammunition relinquished pursuant to 23
Pa.C.S. § 6108.2.
(4) It shall be an affirmative defense to any
prosecution under paragraph (3) that the person accepting
possession of a firearm, other weapon or ammunition in
violation of paragraph (3):
(i) notified the sheriff as soon as practicable that
he has taken possession; and
(ii) relinquished possession of any firearm, other
weapon or ammunition possessed in violation of paragraph
(3) as directed by the sheriff.
(5) A person who has accepted possession of a firearm,
other weapon or ammunition pursuant to 23 Pa.C.S. § 6108.3
commits a misdemeanor of the first degree if he intentionally
or knowingly returns a firearm, other weapon or ammunition to
a defendant or intentionally or knowingly allows a defendant
to have access to the firearm, other weapon or ammunition
prior to either of the following:
(i) The sheriff accepts return of the safekeeping
permit issued to the party pursuant to 23 Pa.C.S. §
6108.3(d)(1)(i).
(ii) The issuance of a court order pursuant to
subsection (f)(2) or 23 Pa.C.S. § 6108.1(b) (relating to
return of relinquished firearms, other weapons and
ammunition and additional relief) which modifies a valid
protection from abuse order issued pursuant to 23 Pa.C.S.
§ 6108, which order provided for the relinquishment of
the firearm, other weapon or ammunition by allowing the
defendant to take possession of the firearm, other weapon
or ammunition that had previously been ordered
relinquished.
(b) Enumerated offenses.--The following offenses shall apply
to subsection (a):
Section 908 (relating to prohibited offensive weapons).
Section 911 (relating to corrupt organizations).
Section 912 (relating to possession of weapon on school
property).
Section 2502 (relating to murder).
Section 2503 (relating to voluntary manslaughter).
Section 2504 (relating to involuntary manslaughter) if
the offense is based on the reckless use of a firearm.
Section 2702 (relating to aggravated assault).
Section 2703 (relating to assault by prisoner).
Section 2704 (relating to assault by life prisoner).
Section 2709.1 (relating to stalking).
Section 2716 (relating to weapons of mass destruction).
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
Section 2910 (relating to luring a child into a motor
vehicle).
Section 3121 (relating to rape).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3125 (relating to aggravated indecent assault).
Section 3301 (relating to arson and related offenses).
Section 3302 (relating to causing or risking
catastrophe).
Section 3502 (relating to burglary).
Section 3503 (relating to criminal trespass) if the
offense is graded a felony of the second degree or higher.
Section 3701 (relating to robbery).
Section 3702 (relating to robbery of motor vehicle).
Section 3921 (relating to theft by unlawful taking or
disposition) upon conviction of the second felony offense.
Section 3923 (relating to theft by extortion) when the
offense is accompanied by threats of violence.
Section 3925 (relating to receiving stolen property) upon
conviction of the second felony offense.
Section 4912 (relating to impersonating a public servant)
if the person is impersonating a law enforcement officer.
Section 4952 (relating to intimidation of witnesses or
victims).
Section 4953 (relating to retaliation against witness or
victim).
Section 5121 (relating to escape).
Section 5122 (relating to weapons or implements for
escape).
Section 5501(3) (relating to riot).
Section 5515 (relating to prohibiting of paramilitary
training).
Section 5516 (relating to facsimile weapons of mass
destruction).
Section 6110.1 (relating to possession of firearm by
minor).
Section 6301 (relating to corruption of minors).
Section 6302 (relating to sale or lease of weapons and
explosives).
Any offense equivalent to any of the above-enumerated
offenses under the prior laws of this Commonwealth or any
offense equivalent to any of the above-enumerated offenses
under the statutes of any other state or of the United
States.
(c) Other persons.--In addition to any person who has been
convicted of any offense listed under subsection (b), the
following persons shall be subject to the prohibition of
subsection (a):
(1) A person who is a fugitive from justice. This
paragraph does not apply to an individual whose fugitive
status is based upon a nonmoving or moving summary offense
under Title 75 (relating to vehicles).
(2) A person who has been convicted of an offense under
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or any
equivalent Federal statute or equivalent statute of any other
state, that may be punishable by a term of imprisonment
exceeding two years.
(3) A person who has been convicted of driving under the
influence of alcohol or controlled substance as provided in
75 Pa.C.S. § 3802 (relating to driving under influence of
alcohol or controlled substance) or the former 75 Pa.C.S. §
3731, on three or more separate occasions within a five-year
period. For the purposes of this paragraph only, the
prohibition of subsection (a) shall only apply to transfers
or purchases of firearms after the third conviction.
(4) A person who has been adjudicated as an incompetent
or who has been involuntarily committed to a mental
institution for inpatient care and treatment under section
302, 303 or 304 of the provisions of the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures Act.
This paragraph shall not apply to any proceeding under
section 302 of the Mental Health Procedures Act unless the
examining physician has issued a certification that inpatient
care was necessary or that the person was committable.
(5) A person who, being an alien, is illegally or
unlawfully in the United States.
(6) A person who is the subject of an active protection
from abuse order issued pursuant to 23 Pa.C.S. § 6108, which
order provided for the relinquishment of firearms during the
period of time the order is in effect. This prohibition shall
terminate upon the expiration or vacation of an active
protection from abuse order or portion thereof relating to
the relinquishment of firearms.
(7) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or
under any equivalent Federal statute or statute of any other
state as a result of conduct which if committed by an adult
would constitute an offense under sections 2502, 2503, 2702,
2703 (relating to assault by prisoner), 2704, 2901, 3121,
3123, 3301, 3502, 3701 and 3923.
(8) A person who was adjudicated delinquent by a court
pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal
statute or statute of any other state as a result of conduct
which if committed by an adult would constitute an offense
enumerated in subsection (b) with the exception of those
crimes set forth in paragraph (7). This prohibition shall
terminate 15 years after the last applicable delinquent
adjudication or upon the person reaching the age of 30,
whichever is earlier.
(9) A person who is prohibited from possessing or
acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to
unlawful acts). If the offense which resulted in the
prohibition under 18 U.S.C. § 922(g)(9) was committed, as
provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to
definitions), by a person in any of the following
relationships:
(i) the current or former spouse, parent or guardian
of the victim;
(ii) a person with whom the victim shares a child in
common;
(iii) a person who cohabits with or has cohabited
with the victim as a spouse, parent or guardian; or
(iv) a person similarly situated to a spouse, parent
or guardian of the victim;
then the relationship need not be an element of the offense
to meet the requirements of this paragraph.
(d) Exemption.--A person who has been convicted of a crime
specified in subsection (a) or (b) or a person whose conduct
meets the criteria in subsection (c)(1), (2), (5), (7) or (9)
may make application to the court of common pleas of the county
where the principal residence of the applicant is situated for
relief from the disability imposed by this section upon the
possession, transfer or control of a firearm. The court shall
grant such relief if it determines that any of the following
apply:
(1) The conviction has been vacated under circumstances
where all appeals have been exhausted or where the right to
appeal has expired.
(2) The conviction has been the subject of a full pardon
by the Governor.
(3) Each of the following conditions is met:
(i) The Secretary of the Treasury of the United
States has relieved the applicant of an applicable
disability imposed by Federal law upon the possession,
ownership or control of a firearm as a result of the
applicant's prior conviction, except that the court may
waive this condition if the court determines that the
Congress of the United States has not appropriated
sufficient funds to enable the Secretary of the Treasury
to grant relief to applicants eligible for the relief.
(ii) A period of ten years, not including any time
spent in incarceration, has elapsed since the most recent
conviction of the applicant of a crime enumerated in
subsection (b), a felony violation of The Controlled
Substance, Drug, Device and Cosmetic Act or the offense
which resulted in the prohibition under 18 U.S.C. §
922(g)(9).
(e) Proceedings.--
(1) If a person convicted of an offense under subsection
(a), (b) or (c)(1), (2), (5), (7) or (9) makes application to
the court, a hearing shall be held in open court to determine
whether the requirements of this section have been met. The
commissioner and the district attorney of the county where
the application is filed and any victim or survivor of a
victim of the offense upon which the disability is based may
be parties to the proceeding.
(2) Upon application to the court of common pleas
pursuant to paragraph (1) by an applicant who is subject to
the prohibition under subsection (c)(3), the court shall
grant such relief if a period of ten years, not including any
time spent in incarceration, has passed since the applicant's
most recent conviction under subsection (c)(3).
(f) Other exemptions and proceedings.--
(1) Upon application to the court of common pleas under
this subsection by an applicant subject to the prohibitions
under subsection (c)(4), the court may grant such relief as
it deems appropriate if the court determines that the
applicant may possess a firearm without risk to the applicant
or any other person.
(2) If application is made under this subsection for
relief from the disability imposed under subsection (c)(6),
notice of such application shall be given to the person who
had petitioned for the protection from abuse order, and such
person shall be a party to the proceedings. Notice of any
court order or amendment to a court order restoring firearms
possession or control shall be given to the person who had
petitioned for the protection from abuse order, to the
sheriff and to the Pennsylvania State Police. The application
and any proceedings on the application shall comply with 23
Pa.C.S. Ch. 61 (relating to protection from abuse).
(3) All hearings conducted under this subsection shall
be closed unless otherwise requested to be open by the
applicant.
(4) (i) The owner of any seized or confiscated firearms
or of any firearms ordered relinquished under 23 Pa.C.S.
§ 6108 shall be provided with a signed and dated written
receipt by the appropriate law enforcement agency. This
receipt shall include, but not limited to, a detailed
identifying description indicating the serial number and
condition of the firearm. In addition, the appropriate
law enforcement agency shall be liable to the lawful
owner of said confiscated, seized or relinquished firearm
for any loss, damage or substantial decrease in value of
said firearm that is a direct result of a lack of
reasonable care by the appropriate law enforcement
agency.
(ii) Firearms shall not be engraved or permanently
marked in any manner, including, but not limited to,
engraving of evidence or other identification numbers.
Unless reasonable suspicion exists to believe that a
particular firearm has been used in the commission of a
crime, no firearm shall be test fired. Any reduction in
the value of a firearm due to test firing, engraving or
permanently marking in violation of this paragraph shall
be considered damage, and the law enforcement agency
shall be liable to the lawful owner of the firearm for
the reduction in value caused by the test firing,
engraving or permanently marking.
(iii) For purposes of this paragraph, the term
"firearm" shall include any scope, sight, bipod, sling,
light, magazine, clip, ammunition or other firearm
accessory attached to or seized, confiscated or
relinquished with a firearm.
(g) Other restrictions.--Nothing in this section shall
exempt a person from a disability in relation to the possession
or control of a firearm which is imposed as a condition of
probation or parole or which is imposed pursuant to the
provision of any law other than this section.
(h) License prohibition.--Any person who is prohibited from
possessing, using, controlling, selling, purchasing,
transferring or manufacturing any firearm under this section
shall not be eligible for or permitted to obtain a license to
carry a firearm under section 6109 (relating to licenses).
(i) Firearm.--As used in this section only, the term
"firearm" shall include any weapons which are designed to or may
readily be converted to expel any projectile by the action of an
explosive or the frame or receiver of any such weapon.
(j) Copy of order to State Police.--If the court grants
relief from the disabilities imposed under this section, a copy
of the order shall be sent by the prothonotary within ten days
of the entry of the order to the Pennsylvania State Police and
shall include the name, date of birth and Social Security number
of the individual.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Nov. 22, 1995, P.L.621, No.66, eff. imd.; Apr. 22, 1997, P.L.73,
No.5, eff. 60 days; June 18, 1998, P.L.503, No.70, eff. imd.;
Dec. 3, 1998, P.L.933, No.121, eff. imd.; Dec. 15, 1999,
P.L.915, No.59, eff. 60 days; June 28, 2002, P.L.481, No.82,
eff. 60 days; Dec. 9, 2002, P.L.1759, No.218, eff. 60 days;
Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Nov. 10,
2005, P.L.335, No.66, eff. 180 days)
2005 Amendment. Act 66 amended subsecs. (a), (a.1), (c)(6),
(d), (e)(1) and (f)(2) and (4) and added subsec. (c)(9).
2003 Amendment. Act 24 amended subsec. (c)(3).
2002 Amendments. Act 82 amended subsec. (b) and Act 218
amended subsec. (b).
1999 Amendment. Act 59 amended subsec. (c)(2) and added
subsec. (a.1).
1998 Amendments. Act 70 amended subsec. (c)(4) and added
subsec. (j) and Act 121 amended subsec. (c)(1).
1997 Amendment. Act 5 amended subsec. (f).
1995 Amendment. Act 66 amended subsecs. (a), (b), (c), (d)
and (f).
Cross References. Section 6105 is referred to in sections
908.1, 6103, 6104, 6105.1, 6109, 6110.2, 6111, 6111.1, 6115,
6117, 6118, 6123, 6301 of this title; sections 6102, 6108,
6108.3, 6119 of Title 23 (Domestic Relations); section 6308 of
Title 42 (Judiciary and Judicial Procedure).
§ 6105.1. Restoration of firearm rights for offenses under
prior laws of this Commonwealth.
(a) Restoration.--A person convicted of a disabling offense
may make application to the court of common pleas in the county
where the principal residence of the applicant is situated for
restoration of firearms rights. The court shall grant
restoration of firearms rights after a hearing in open court to
determine whether the requirements of this section have been met
unless:
(1) the applicant has been convicted of any other
offense specified in section 6105(a) or (b) (relating to
persons not to possess, use, manufacture, control, sell or
transfer firearms) or the applicant's conduct meets the
criteria in section 6105(c)(1), (2), (3), (4), (5), (6) or
(7);
(2) the applicant has been convicted of any other crime
punishable by imprisonment exceeding one year as defined in
section 6102 (relating to definitions); or
(3) the applicant's character and reputation is such
that the applicant would be likely to act in a manner
dangerous to public safety.
(b) Notice and standing.--
(1) Notice of an application for restoration of firearms
rights shall be provided to the Pennsylvania State Police,
the district attorney of the county where the disabling
offense occurred and the district attorney of the county
where the application is filed. The district attorney of the
county where the application is filed, the district attorney
of the county where the disabling offense occurred and the
Pennsylvania State Police may, at their option, be parties to
the proceeding.
(2) Notwithstanding paragraph (1), the standing of the
Pennsylvania State Police as a party to a proceeding under
this section shall be limited to determinations of whether
the offense meets the definition of the phrase "disabling
offense" or whether the provisions of subsection (a)(1) and
(2) have been satisfied.
(c) Copy of order to Pennsylvania State Police.--If the
court grants restoration of firearms rights to an applicant, a
copy of the order shall be sent by the prothonotary within ten
days of the entry of the order to the district attorneys and the
Pennsylvania State Police, Firearms Division, and shall include
the name, date of birth and Social Security number of the
applicant.
(d) Expungement and pardon.--A restoration of firearms
rights under this section shall not result in the expungement of
any criminal history record information nor will it constitute a
gubernatorial pardon.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Disabling offense." A conviction for any offense which:
(1) resulted in a Federal firearms disability and is
substantially similar to either an offense currently graded
as a crime punishable by a term of imprisonment for not more
than two years or conduct which no longer constitutes a
violation of law; and
(2) was a violation of either of the following:
(i) the former act of May 1, 1929 (P.L.905, No.403),
known as The Vehicle Code, or the former act of April 29,
1959 (P.L.58, No.32), known as The Vehicle Code; or
(ii) the former act of June 24, 1939 (P.L.872,
No.375), known as the Penal Code.
The definition shall not include any offense which, if committed
under contemporary standards, would constitute a misdemeanor of
the second degree or greater under section 2701 (relating to
simple assault) and was committed by a current or former spouse,
parent or guardian of the victim, by a person with whom the
victim shares a child in common, by a person who is cohabitating
with or has cohabitated with the victim as a spouse, parent or
guardian or by a person similarly situated to a spouse, parent
or guardian of the victim.
"Restoration of firearms rights." Relieving any and all
disabilities with respect to a person's right to own, possess,
use, control, sell, purchase, transfer, manufacture, receive,
ship or transport firearms, including any disabilities imposed
pursuant to this subchapter. The phrase shall also mean the
restoration of the right to vote, to hold public office and to
serve on a jury.
(Dec. 9, 2002, P.L.1391, No.172, eff. imd.)
2002 Amendment. Act 172 added section 6105.1.
§ 6106. Firearms not to be carried without a license.
(a) Offense defined.--
(1) Except as provided in paragraph (2), any person who
carries a firearm in any vehicle or any person who carries a
firearm concealed on or about his person, except in his place
of abode or fixed place of business, without a valid and
lawfully issued license under this chapter commits a felony
of the third degree.
(2) A person who is otherwise eligible to possess a
valid license under this chapter but carries a firearm in any
vehicle or any person who carries a firearm concealed on or
about his person, except in his place of abode or fixed place
of business, without a valid and lawfully issued license and
has not committed any other criminal violation commits a
misdemeanor of the first degree.
(b) Exceptions.--The provisions of subsection (a) shall not
apply to:
(1) Constables, sheriffs, prison or jail wardens, or
their deputies, policemen of this Commonwealth or its
political subdivisions, or other law-enforcement officers.
(2) Members of the army, navy, marine corps, air force
or coast guard of the United States or of the National Guard
or organized reserves when on duty.
(3) The regularly enrolled members of any organization
duly organized to purchase or receive such firearms from the
United States or from this Commonwealth.
(4) Any persons engaged in target shooting with a
firearm, if such persons are at or are going to or from their
places of assembly or target practice and if, while going to
or from their places of assembly or target practice, the
firearm is not loaded.
(5) Officers or employees of the United States duly
authorized to carry a concealed firearm.
(6) Agents, messengers and other employees of common
carriers, banks, or business firms, whose duties require them
to protect moneys, valuables and other property in the
discharge of such duties.
(7) Any person engaged in the business of manufacturing,
repairing, or dealing in firearms, or the agent or
representative of any such person, having in his possession,
using or carrying a firearm in the usual or ordinary course
of such business.
(8) Any person while carrying a firearm which is not
loaded and is in a secure wrapper from the place of purchase
to his home or place of business, or to a place of repair,
sale or appraisal or back to his home or place of business,
or in moving from one place of abode or business to another
or from his home to a vacation or recreational home or
dwelling or back, or to recover stolen property under section
6111.1(b)(4) (relating to Pennsylvania State Police), or to a
place of instruction intended to teach the safe handling, use
or maintenance of firearms or back or to a location to which
the person has been directed to relinquish firearms under 23
Pa.C.S. § 6108 (relating to relief) or back upon return of
the relinquished firearm or to a licensed dealer's place of
business for relinquishment pursuant to 23 Pa.C.S. § 6108.2
(relating to relinquishment for consignment sale, lawful
transfer or safekeeping) or back upon return of the
relinquished firearm or to a location for safekeeping
pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment
to third party for safekeeping) or back upon return of the
relinquished firearm.
(9) Persons licensed to hunt, take furbearers or fish in
this Commonwealth, if such persons are actually hunting,
taking furbearers or fishing as permitted by such license, or
are going to the places where they desire to hunt, take
furbearers or fish or returning from such places.
(10) Persons training dogs, if such persons are actually
training dogs during the regular training season.
(11) Any person while carrying a firearm in any vehicle,
which person possesses a valid and lawfully issued license
for that firearm which has been issued under the laws of the
United States or any other state.
(12) A person who has a lawfully issued license to carry
a firearm pursuant to section 6109 (relating to licenses) and
that said license expired within six months prior to the date
of arrest and that the individual is otherwise eligible for
renewal of the license.
(13) Any person who is otherwise eligible to possess a
firearm under this chapter and who is operating a motor
vehicle which is registered in the person's name or the name
of a spouse or parent and which contains a firearm for which
a valid license has been issued pursuant to section 6109 to
the spouse or parent owning the firearm.
(14) A person lawfully engaged in the interstate
transportation of a firearm as defined under 18 U.S.C. §
921(a)(3) (relating to definitions) in compliance with 18
U.S.C. § 926A (relating to interstate transportation of
firearms).
(15) Any person who possesses a valid and lawfully
issued license or permit to carry a firearm which has been
issued under the laws of another state, regardless of whether
a reciprocity agreement exists between the Commonwealth and
the state under section 6109(k), provided:
(i) The state provides a reciprocal privilege for
individuals licensed to carry firearms under section
6109.
(ii) The Attorney General has determined that the
firearm laws of the state are similar to the firearm laws
of this Commonwealth.
(c) Sportsman's firearm permit.--
(1) Before any exception shall be granted under
paragraph (b)(9) or (10) of this section to any person 18
years of age or older licensed to hunt, trap or fish or who
has been issued a permit relating to hunting dogs, such
person shall, at the time of securing his hunting, furtaking
or fishing license or any time after such license has been
issued, secure a sportsman's firearm permit from the county
treasurer. The sportsman's firearm permit shall be issued
immediately and be valid throughout this Commonwealth for a
period of five years from the date of issue for any legal
firearm, when carried in conjunction with a valid hunting,
furtaking or fishing license or permit relating to hunting
dogs. The sportsman's firearm permit shall be in triplicate
on a form to be furnished by the Pennsylvania State Police.
The original permit shall be delivered to the person, and the
first copy thereof, within seven days, shall be forwarded to
the Commissioner of the Pennsylvania State Police by the
county treasurer. The second copy shall be retained by the
county treasurer for a period of two years from the date of
expiration. The county treasurer shall be entitled to collect
a fee of not more than $6 for each such permit issued, which
shall include the cost of any official form. The Pennsylvania
State Police may recover from the county treasurer the cost
of any such form, but may not charge more than $1 for each
official permit form furnished to the county treasurer.
(2) Any person who sells or attempts to sell a
sportsman's firearm permit for a fee in excess of that amount
fixed under this subsection commits a summary offense.
(d) Revocation of registration.--Any registration of a
firearm under subsection (c) of this section may be revoked by
the county treasurer who issued it, upon written notice to the
holder thereof.
(e) Definitions.--
(1) For purposes of subsection (b)(3), (4), (5), (7) and
(8), the term "firearm" shall include any weapon which is
designed to or may readily be converted to expel any
projectile by the action of an explosive or the frame or
receiver of the weapon.
(2) As used in this section, the phrase "place of
instruction" shall include any hunting club, rifle club,
rifle range, pistol range, shooting range, the premises of a
licensed firearms dealer or a lawful gun show or meet.
(Oct. 12, 1973, P.L.283, No.81, eff. June 6, 1973; July 8, 1986,
P.L.442, No.93, eff. July 1, 1987; Dec. 19, 1988, P.L.1275,
No.158, eff. 180 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.;
Apr. 22, 1997, P.L.73, No.5, eff. 60 days; Dec. 20, 2000,
P.L.728, No.101, eff. 60 days; Nov. 10, 2005, P.L.335, No.66,
eff. 180 days)
2005 Amendment. Act 66 amended subsec. (b) and added subsec.
(e).
1997 Amendment. Act 5 amended subsecs. (a) and (b).
1988 Amendment. Act 158 amended subsecs. (b)(4) and (c).
Cross References. Section 6106 is referred to in sections
913, 6106.1, 6107, 6108, 6118, 6122 of this title; section 6108
of Title 23 (Domestic Relations).
§ 6106.1. Carrying loaded weapons other than firearms.
(a) General rule.--Except as provided in Title 34 (relating
to game), no person shall carry a loaded pistol, revolver,
shotgun or rifle, other than a firearm as defined in section
6102 (relating to definitions), in any vehicle. The provisions
of this section shall not apply to persons excepted from the
requirement of a license to carry firearms under section
6106(b)(1), (2), (5) or (6) (relating to firearms not to be
carried without a license) nor shall the provisions of this
section be construed to permit persons to carry firearms in a
vehicle where such conduct is prohibited by section 6106.
(b) Penalty.--A person who violates the provisions of this
section commits a summary offense.
(Dec. 7, 1989, P.L.607, No.68, eff. 60 days; June 13, 1995, 1st
Sp.Sess., P.L.1024, No.17, eff. 120 days)
§ 6107. Prohibited conduct during emergency.
No person shall carry a firearm, rifle or shotgun upon the
public streets or upon any public property during an emergency
proclaimed by a State or municipal governmental executive unless
that person is:
(1) Actively engaged in a defense of that person's life
or property from peril or threat.
(2) Licensed to carry firearms under section 6109
(relating to licenses) or is exempt from licensing under
section 6106(b) (relating to firearms not to be carried
without a license).
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)
§ 6108. Carrying firearms on public streets or public property
in Philadelphia.
No person shall carry a firearm, rifle or shotgun at any time
upon the public streets or upon any public property in a city of
the first class unless:
(1) such person is licensed to carry a firearm; or
(2) such person is exempt from licensing under section
6106(b) of this title (relating to firearms not to be carried
without a license).
§ 6109. Licenses.
(a) Purpose of license.--A license to carry a firearm shall
be for the purpose of carrying a firearm concealed on or about
one's person or in a vehicle throughout this Commonwealth.
(b) Place of application.--An individual who is 21 years of
age or older may apply to a sheriff for a license to carry a
firearm concealed on or about his person or in a vehicle within
this Commonwealth. If the applicant is a resident of this
Commonwealth, he shall make application with the sheriff of the
county in which he resides or, if a resident of a city of the
first class, with the chief of police of that city.
(c) Form of application and content.--The application for a
license to carry a firearm shall be uniform throughout this
Commonwealth and shall be on a form prescribed by the
Pennsylvania State Police. The form may contain provisions, not
exceeding one page, to assure compliance with this section.
Issuing authorities shall use only the application form
prescribed by the Pennsylvania State Police. One of the
following reasons for obtaining a firearm license shall be set
forth in the application: self-defense, employment, hunting and
fishing, target shooting, gun collecting or another proper
reason. The application form shall be dated and signed by the
applicant and shall contain the following statement:
I have never been convicted of a crime that prohibits me
from possessing or acquiring a firearm under Federal or
State law. I am of sound mind and have never been
committed to a mental institution. I hereby certify that
the statements contained herein are true and correct to
the best of my knowledge and belief. I understand that,
if I knowingly make any false statements herein, I am
subject to penalties prescribed by law. I authorize the
sheriff, or his designee, or, in the case of first class
cities, the chief or head of the police department, or
his designee, to inspect only those records or documents
relevant to information required for this application. If
I am issued a license and knowingly become ineligible to
legally possess or acquire firearms, I will promptly
notify the sheriff of the county in which I reside or, if
I reside in a city of the first class, the chief of
police of that city.
(d) Sheriff to conduct investigation.--The sheriff to whom
the application is made shall:
(1) investigate the applicant's record of criminal
conviction;
(2) investigate whether or not the applicant is under
indictment for or has ever been convicted of a crime
punishable by imprisonment exceeding one year;
(3) investigate whether the applicant's character and
reputation are such that the applicant will not be likely to
act in a manner dangerous to public safety;
(4) investigate whether the applicant would be precluded
from receiving a license under subsection (e)(1) or section
6105(h) (relating to persons not to possess, use,
manufacture, control, sell or transfer firearms); and
(5) conduct a criminal background, juvenile delinquency
and mental health check following the procedures set forth in
section 6111 (relating to sale or transfer of firearms),
receive a unique approval number for that inquiry and record
the date and number on the application.
(e) Issuance of license.--
(1) A license to carry a firearm shall be for the
purpose of carrying a firearm concealed on or about one's
person or in a vehicle and shall be issued if, after an
investigation not to exceed 45 days, it appears that the
applicant is an individual concerning whom no good cause
exists to deny the license. A license shall not be issued to
any of the following:
(i) An individual whose character and reputation is
such that the individual would be likely to act in a
manner dangerous to public safety.
(ii) An individual who has been convicted of an
offense under the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and
Cosmetic Act.
(iii) An individual convicted of a crime enumerated
in section 6105.
(iv) An individual who, within the past ten years,
has been adjudicated delinquent for a crime enumerated in
section 6105 or for an offense under The Controlled
Substance, Drug, Device and Cosmetic Act.
(v) An individual who is not of sound mind or who
has ever been committed to a mental institution.
(vi) An individual who is addicted to or is an
unlawful user of marijuana or a stimulant, depressant or
narcotic drug.
(vii) An individual who is a habitual drunkard.
(viii) An individual who is charged with or has been
convicted of a crime punishable by imprisonment for a
term exceeding one year except as provided for in section
6123 (relating to waiver of disability or pardons).
(ix) A resident of another state who does not
possess a current license or permit or similar document
to carry a firearm issued by that state if a license is
provided for by the laws of that state, as published
annually in the Federal Register by the Bureau of
Alcohol, Tobacco and Firearms of the Department of the
Treasury under 18 U.S.C. § 921(a)(19) (relating to
definitions).
(x) An alien who is illegally in the United States.
(xi) An individual who has been discharged from the
armed forces of the United States under dishonorable
conditions.
(xii) An individual who is a fugitive from justice.
This subparagraph does not apply to an individual whose
fugitive status is based upon nonmoving or moving summary
offense under Title 75 (relating to vehicles).
(xiii) An individual who is otherwise prohibited
from possessing, using, manufacturing, controlling,
purchasing, selling or transferring a firearm as provided
by section 6105.
(xiv) An individual who is prohibited from
possessing or acquiring a firearm under the statutes of
the United States.
(3) The license to carry a firearm shall be designed to
be uniform throughout this Commonwealth and shall be in a
form prescribed by the Pennsylvania State Police. The license
shall bear the following:
(i) The name, address, date of birth, race, sex,
citizenship, height, weight, color of hair, color of eyes
and signature of the licensee.
(ii) The signature of the sheriff issuing the
license.
(iii) A license number of which the first two
numbers shall be a county location code followed by
numbers issued in numerical sequence.
(iv) The point-of-contact telephone number
designated by the Pennsylvania State Police under
subsection (l).
(v) The reason for issuance.
(vi) The period of validation.
(4) The sheriff shall require a photograph of the
licensee on the license. The photograph shall be in a form
compatible with the Commonwealth Photo Imaging Network.
(5) The original license shall be issued to the
applicant. The first copy of the license shall be forwarded
to the Pennsylvania State Police within seven days of the
date of issue. The second copy shall be retained by the
issuing authority for a period of seven years. Except
pursuant to court order, both copies and the application
shall, at the end of the seven-year period, be destroyed
unless the license has been renewed within the seven-year
period.
(f) Term of license.--
(1) A license to carry a firearm issued under subsection
(e) shall be valid throughout this Commonwealth for a period
of five years unless sooner revoked.
(2) At least 60 days prior to the expiration of each
license, the issuing sheriff shall send to the licensee an
application for renewal of license. Failure to receive a
renewal application shall not relieve a licensee from the
responsibility to renew the license.
(g) Grant or denial of license.--Upon the receipt of an
application for a license to carry a firearm, the sheriff shall,
within 45 days, issue or refuse to issue a license on the basis
of the investigation under subsection (d) and the accuracy of
the information contained in the application. If the sheriff
refuses to issue a license, the sheriff shall notify the
applicant in writing of the refusal and the specific reasons.
The notice shall be sent by certified mail to the applicant at
the address set forth in the application.
(h) Fee.--
(1) In addition to fees described in paragraphs (2)(ii)
and (3), the fee for a license to carry a firearm is $19.
This includes all of the following:
(i) A renewal notice processing fee of $1.50.
(ii) An administrative fee of $5 under section 14(2)
of the act of July 6, 1984 (P.L.614, No.127), known as
the Sheriff Fee Act.
(2) (i) The Pennsylvania Commission on Crime and
Delinquency shall implement, within five years of the
effective date of this paragraph, a system in conjunction
with the Pennsylvania State Police and the Pennsylvania
Sheriffs' Association to standardize and modernize the
process of issuing licenses to carry firearms. Upon
implementation of the system under this paragraph, the
Pennsylvania Commission on Crime and Delinquency shall
publish notice thereof in the Pennsylvania Bulletin.
(ii) An additional temporary fee of $5 shall be
remitted by the sheriff to the Firearms License to Carry
Modernization Account, which is hereby established as a
special restricted receipt account within the General
Fund of the State Treasury. Moneys and investment income
in the account shall be awarded as grants to sheriffs to
implement the system, including grants to reimburse
sheriffs for expenses incurred prior to the effective
date of this paragraph.
(iii) Moneys credited to the account and any
investment income accrued are hereby appropriated on a
continuing basis to the Pennsylvania Commission on Crime
and Delinquency. The commission shall establish
procedures related to the application process for and
distribution of funds to sheriffs under this paragraph.
Notwithstanding the provisions of subparagraph (ii), the
commission may withhold annually an amount not exceeding
5% of the funds credited to the account in that fiscal
year for the cost to implement the system under
subparagraph (i) and for administrative costs directly
related to the responsibilities of the commission under
this paragraph.
(iv) This paragraph shall expire five years after
its effective date. Any surplus funds remaining in the
account established in subparagraph (ii) at such time
shall lapse into the General Fund.
(3) An additional fee of $1 shall be paid by the
applicant for a license to carry a firearm and shall be
remitted by the sheriff to the Firearms License Validation
System Account, which is hereby established as a special
restricted receipt account within the General Fund of the
State Treasury. The account shall be used for purposes under
subsection (l). Moneys credited to the account and any
investment income accrued are hereby appropriated on a
continuing basis to the Pennsylvania State Police.
(4) No fee other than that provided by this subsection
or the Sheriff Fee Act may be assessed by the sheriff for the
performance of any background check made pursuant to this
act.
(5) The fee is payable to the sheriff to whom the
application is submitted and is payable at the time of
application for the license.
(6) Except for the administrative fee of $5 under
section 14(2) of the Sheriff Fee Act, all other fees shall be
refunded if the application is denied but shall not be
refunded if a license is issued and subsequently revoked.
(7) A person who sells or attempts to sell a license to
carry a firearm for a fee in excess of the amounts fixed
under this subsection commits a summary offense.
(i) Revocation.--A license to carry firearms may be revoked
by the issuing authority for good cause. A license to carry
firearms shall be revoked by the issuing authority for any
reason stated in subsection (e)(1) which occurs during the term
of the permit. Notice of revocation shall be in writing and
shall state the specific reason for revocation. Notice shall be
sent by certified mail to the individual whose license is
revoked, and, at that time, notice shall also be provided to the
Pennsylvania State Police by electronic means, including e-mail
or facsimile transmission, that the license is no longer valid.
An individual whose license is revoked shall surrender the
license to the issuing authority within five days of receipt of
the notice. An individual whose license is revoked may appeal to
the court of common pleas for the judicial district in which the
individual resides. An individual who violates this section
commits a summary offense.
(i.1) Notice to sheriff.--Notwithstanding any statute to the
contrary:
(1) Upon conviction of a person for a crime specified in
section 6105(a) or (b) or upon conviction of a person for a
crime punishable by imprisonment exceeding one year or upon a
determination that the conduct of a person meets the criteria
specified in section 6105(c)(1), (2), (3), (5), (6) or (9),
the court shall determine if the defendant has a license to
carry firearms issued pursuant to this section. If the
defendant has such a license, the court shall notify the
sheriff of the county in which that person resides, on a form
developed by the Pennsylvania State Police, of the identity
of the person and the nature of the crime or conduct which
resulted in the notification. The notification shall be
transmitted by the judge within seven days of the conviction
or determination.
(2) Upon adjudication that a person is incompetent or
upon the involuntary commitment of a person to a mental
institution for inpatient care and treatment under the act of
July 9, 1976 (P.L.817, No.143), known as the Mental Health
Procedures Act, or upon involuntary treatment of a person as
described under section 6105(c)(4), the judge of the court of
common pleas, mental health review officer or county mental
health and mental retardation administrator shall notify the
sheriff of the county in which that person resides, on a form
developed by the Pennsylvania State Police, of the identity
of the person who has been adjudicated, committed or treated
and the nature of the adjudication, commitment or treatment.
The notification shall be transmitted by the judge, mental
health review officer or county mental health and mental
retardation administrator within seven days of the
adjudication, commitment or treatment.
(j) Immunity.--A sheriff who complies in good faith with
this section shall be immune from liability resulting or arising
from the action or misconduct with a firearm committed by any
individual to whom a license to carry a firearm has been issued.
(k) Reciprocity.--
(1) The Attorney General shall have the power and duty
to enter into reciprocity agreements with other states
providing for the mutual recognition of a license to carry a
firearm issued by the Commonwealth and a license or permit to
carry a firearm issued by the other state. To carry out this
duty, the Attorney General is authorized to negotiate
reciprocity agreements and grant recognition of a license or
permit to carry a firearm issued by another state.
(2) The Attorney General shall report to the General
Assembly within 180 days of the effective date of this
paragraph and annually thereafter concerning the agreements
which have been consummated under this subsection.
(l) Firearms License Validation System.--
(1) The Pennsylvania State Police shall establish a
nationwide toll-free telephone number, known as the Firearms
License Validation System, which shall be operational seven
days a week, 24 hours per day, for the purpose of responding
to law enforcement inquiries regarding the validity of any
Pennsylvania license to carry a firearm.
(2) Notwithstanding any other law regarding the
confidentiality of information, inquiries to the Firearms
License Validation System regarding the validity of any
Pennsylvania license to carry a firearm may only be made by
law enforcement personnel acting within the scope of their
official duties.
(3) Law enforcement personnel outside this Commonwealth
shall provide their originating agency identifier number and
the license number of the license to carry a firearm which is
the subject of the inquiry.
(4) Responses to inquiries by law enforcement personnel
outside this Commonwealth shall be limited to the name of the
licensee, the validity of the license and any information
which may be provided to a criminal justice agency pursuant
to Chapter 91 (relating to criminal history record
information).
(m) Inquiries.--
(1) The Attorney General shall, not later than one year
after the effective date of this subsection and not less than
once annually, contact in writing the appropriate authorities
in any other state which does not have a current reciprocity
agreement with the Commonwealth to determine if:
(i) the state will negotiate a reciprocity
agreement;
(ii) a licensee may carry a concealed firearm in the
state; or
(iii) a licensee may apply for a license or permit
to carry a firearm issued by the state.
(2) The Attorney General shall maintain a current list
of those states which have a reciprocity agreement with the
Commonwealth, those states which allow licensees to carry a
concealed firearm and those states which allow licensees to
apply for a license or permit to carry a firearm. This list
shall be posted on the Internet, provided to the Pennsylvania
State Police and made available to the public upon request.
(n) Definition.--As used in this section, the term
"licensee" means an individual who is licensed to carry a
firearm under this section.
(Apr. 17, 1986, P.L.82, No.28, eff. Jan. 1, 1987; Dec. 19, 1988,
P.L.1275, No.158, eff. 180 days; June 13, 1995, 1st Sp.Sess.,
P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66,
eff. imd.; Apr. 22, 1997, P.L.73, No.5, eff. 60 days; June 18,
1998, P.L.503, No.70, eff. imd.; Nov. 10, 2005, P.L.335, No.66)
2005 Amendment. Act 66 amended subsecs. (c), (d), (e), (h),
(i) and (k) and added subsecs. (i.1), (l), (m) and (n). Section
14 of Act 66 provided that the Pennsylvania Commission on Crime
and Delinquency shall submit a report to the General Assembly
three years after the effective date of section 14 on the
progress of the Firearms License to Carry Modernization Account.
See section 15 of Act 66 in the appendix to this title for
special provisions relating to effective date.
1997 Amendment. Act 5 amended subsec. (a).
1995 Amendment. Act 66 amended subsecs. (a), (f) and (h).
Cross References. Section 6109 is referred to in sections
913, 6105, 6106, 6107, 6111, 6115, 6124 of this title; section
6108 of Title 23 (Domestic Relations); sections 2325, 2525 of
Title 34 (Game).
§ 6110. Persons to whom delivery shall not be made (Repealed).
1995 Repeal Note. Section 6110 was repealed June 13, 1995,
1st Sp.Sess., P.L.1024, No.17, effective in 120 days.
§ 6110.1. Possession of firearm by minor.
(a) Firearm.--Except as provided in subsection (b), a person
under 18 years of age shall not possess or transport a firearm
anywhere in this Commonwealth.
(b) Exception.--Subsection (a) shall not apply to a person
under 18 years of age:
(1) who is under the supervision of a parent,
grandparent, legal guardian or an adult acting with the
expressed consent of the minor's custodial parent or legal
guardian and the minor is engaged in lawful activity,
including safety training, lawful target shooting, engaging
in an organized competition involving the use of a firearm or
the firearm is unloaded and the minor is transporting it for
a lawful purpose; or
(2) who is lawfully hunting or trapping in accordance
with 34 Pa.C.S. (relating to game).
(c) Responsibility of adult.--Any person who knowingly and
intentionally delivers or provides to the minor a firearm in
violation of subsection (a) commits a felony of the third
degree.
(d) Forfeiture.--Any firearm in the possession of a person
under 18 years of age in violation of this section shall be
promptly seized by the arresting law enforcement officer and
upon conviction or adjudication of delinquency shall be
forfeited or, if stolen, returned to the lawful owner.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Nov. 22, 1995, P.L.621, No.66, eff. imd.)
1995 Amendments. Act 17, 1st Sp.Sess., added section 6110.1
and Act 66 amended subsec. (b).
Cross References. Section 6110.1 is referred to in sections
6105, 6115 of this title.
§ 6110.2. Possession of firearm with altered manufacturer's
number.
(a) General rule.--No person shall possess a firearm which
has had the manufacturer's number integral to the frame or
receiver altered, changed, removed or obliterated.
(b) Penalty.--A person who violates this section commits a
misdemeanor of the first degree.
(c) Definition.--As used in this section, the term "firearm"
shall have the same meaning as that term is defined in section
6105(i) (relating to persons not to possess, use, manufacture,
control, sell or transfer firearms), except that the term shall
not include antique firearms as defined in section 6118
(relating to antique firearms).
(Dec. 15, 1999, P.L.915, No.59, eff. 60 days)
1999 Amendment. Act 59 added section 6110.2.
§ 6111. Sale or transfer of firearms.
(a) Time and manner of delivery.--
(1) Except as provided in paragraph (2), no seller shall
deliver a firearm to the purchaser or transferee thereof
until 48 hours shall have elapsed from the time of the
application for the purchase thereof, and, when delivered,
the firearm shall be securely wrapped and shall be unloaded.
(2) Thirty days after publication in the Pennsylvania
Bulletin that the Instantaneous Criminal History Records
Check System has been established in accordance with the
Brady Handgun Violence Prevention Act (Public Law 103-159, 18
U.S.C. § 921 et seq.), no seller shall deliver a firearm to
the purchaser thereof until the provisions of this section
have been satisfied, and, when delivered, the firearm shall
be securely wrapped and shall be unloaded.
(b) Duty of seller.--No licensed importer, licensed
manufacturer or licensed dealer shall sell or deliver any
firearm to another person, other than a licensed importer,
licensed manufacturer, licensed dealer or licensed collector,
until the conditions of subsection (a) have been satisfied and
until he has:
(1) For purposes of a firearm as defined in section 6102
(relating to definitions), obtained a completed
application/record of sale from the potential buyer or
transferee to be filled out in triplicate, the original copy
to be sent to the Pennsylvania State Police, postmarked via
first class mail, within 14 days of the sale, one copy to be
retained by the licensed importer, licensed manufacturer or
licensed dealer for a period of 20 years and one copy to be
provided to the purchaser or transferee. The form of this
application/record of sale shall be no more than one page in
length and shall be promulgated by the Pennsylvania State
Police and provided by the licensed importer, licensed
manufacturer or licensed dealer. The application/record of
sale shall include the name, address, birthdate, gender,
race, physical description and Social Security number of the
purchaser or transferee, the date of the application and the
caliber, length of barrel, make, model and manufacturer's
number of the firearm to be purchased or transferred.
(1.1) On the date of publication in the Pennsylvania
Bulletin of a notice by the Pennsylvania State Police that
the instantaneous records check has been implemented, all of
the following shall apply:
(i) In the event of an electronic failure under
section 6111.1(b)(2) (relating to Pennsylvania State
Police) for purposes of a firearm which exceeds the
barrel and related lengths set forth in section 6102,
obtained a completed application/record of sale from the
potential buyer or transferee to be filled out in
triplicate, the original copy to be sent to the
Pennsylvania State Police, postmarked via first class
mail, within 14 days of sale, one copy to be retained by
the licensed importer, licensed manufacturer or licensed
dealer for a period of 20 years and one copy to be
provided to the purchaser or transferee.
(ii) The form of the application/record of sale
shall be no more than one page in length and shall be
promulgated by the Pennsylvania State Police and provided
by the licensed importer, licensed manufacturer or
licensed dealer.
(iii) For purposes of conducting the criminal
history, juvenile delinquency and mental health records
background check which shall be completed within ten days
of receipt of the information from the dealer, the
application/record of sale shall include the name,
address, birthdate, gender, race, physical description
and Social Security number of the purchaser or transferee
and the date of application.
(iv) No information regarding the type of firearm
need be included other than an indication that the
firearm exceeds the barrel lengths set forth in section
6102.
(v) Unless it has been discovered pursuant to a
criminal history, juvenile delinquency and mental health
records background check that the potential purchaser or
transferee is prohibited from possessing a firearm
pursuant to section 6105 (relating to persons not to
possess, use, manufacture, control, sell or transfer
firearms), no information on the application/record of
sale provided pursuant to this subsection shall be
retained as precluded by section 6111.4 (relating to
registration of firearms) by the Pennsylvania State
Police either through retention of the application/record
of sale or by entering the information onto a computer,
and, further, an application/record of sale received by
the Pennsylvania State Police pursuant to this subsection
shall be destroyed within 72 hours of the completion of
the criminal history, juvenile delinquency and mental
health records background check.
(1.2) Fees collected under paragraph (3) and section
6111.2 (relating to firearm sales surcharge) shall be
transmitted to the Pennsylvania State Police within 14 days
of collection.
(1.3) In addition to the criminal penalty under section
6119 (relating to violation penalty), any person who
knowingly and intentionally maintains or fails to destroy any
information submitted to the Pennsylvania State Police for
purposes of a background check pursuant to paragraphs (1.1)
and (1.4) or violates section 6111.4 shall be subject to a
civil penalty of $250 per violation, entry or failure to
destroy.
(1.4) Following implementation of the instantaneous
records check by the Pennsylvania State Police on or before
December 1, 1998, no application/record of sale shall be
completed for the purchase or transfer of a firearm which
exceeds the barrel lengths set forth in section 6102. A
statement shall be submitted by the dealer to the
Pennsylvania State Police, postmarked via first class mail,
within 14 days of the sale, containing the number of firearms
sold which exceed the barrel and related lengths set forth in
section 6102, the amount of surcharge and other fees remitted
and a list of the unique approval numbers given pursuant to
paragraph (4), together with a statement that the background
checks have been performed on the firearms contained in the
statement. The form of the statement relating to performance
of background checks shall be promulgated by the Pennsylvania
State Police.
(2) Inspected photoidentification of the potential
purchaser or transferee, including, but not limited to, a
driver's license, official Pennsylvania photoidentification
card or official government photoidentification card. In the
case of a potential buyer or transferee who is a member of a
recognized religious sect or community whose tenets forbid or
discourage the taking of photographs of members of that sect
or community, a seller shall accept a valid-without-photo
driver's license or a combination of documents, as prescribed
by the Pennsylvania State Police, containing the applicant's
name, address, date of birth and the signature of the
applicant.
(3) Requested by means of a telephone call that the
Pennsylvania State Police conduct a criminal history,
juvenile delinquency history and a mental health record
check. The purchaser and the licensed dealer shall provide
such information as is necessary to accurately identify the
purchaser. The requester shall be charged a fee equivalent to
the cost of providing the service but not to exceed $2 per
buyer or transferee.
(4) Received a unique approval number for that inquiry
from the Pennsylvania State Police and recorded the date and
the number on the application/record of sale form.
(5) Issued a receipt containing the information from
paragraph (4), including the unique approval number of the
purchaser. This receipt shall be prima facie evidence of the
purchaser's or transferee's compliance with the provisions of
this section.
(6) Unless it has been discovered pursuant to a criminal
history, juvenile delinquency and mental health records
background check that the potential purchaser or transferee
is prohibited from possessing a firearm pursuant to section
6105, no information received via telephone following the
implementation of the instantaneous background check system
from a purchaser or transferee who has received a unique
approval number shall be retained by the Pennsylvania State
Police.
(7) For purposes of the enforcement of 18 U.S.C. §
922(d)(9), (g)(1) and (s)(1) (relating to unlawful acts), in
the event the criminal history or juvenile delinquency
background check indicates a conviction for a misdemeanor
that the Pennsylvania State Police cannot determine is or is
not related to an act of domestic violence, the Pennsylvania
State Police shall issue a temporary delay of the approval of
the purchase or transfer. During the temporary delay, the
Pennsylvania State Police shall conduct a review or
investigation of the conviction with courts, local police
departments, district attorneys and other law enforcement or
related institutions as necessary to determine whether or not
the misdemeanor conviction involved an act of domestic
violence. The Pennsylvania State Police shall conduct the
review or investigation as expeditiously as possible. No
firearm may be transferred by the dealer to the purchaser who
is the subject of the investigation during the temporary
delay. The Pennsylvania State Police shall notify the dealer
of the termination of the temporary delay and either deny the
sale or provide the unique approval number under paragraph
(4).
(c) Duty of other persons.--Any person who is not a licensed
importer, manufacturer or dealer and who desires to sell or
transfer a firearm to another unlicensed person shall do so only
upon the place of business of a licensed importer, manufacturer,
dealer or county sheriff's office, the latter of whom shall
follow the procedure set forth in this section as if he were the
seller of the firearm. The provisions of this section shall not
apply to transfers between spouses or to transfers between a
parent and child or to transfers between grandparent and
grandchild.
(d) Defense.--Compliance with the provisions of this section
shall be a defense to any criminal complaint under the laws of
this Commonwealth or other claim or cause of action under this
chapter arising from the sale or transfer of any firearm.
(e) Nonapplicability of section.--This section shall not
apply to the following:
(1) Any firearm manufactured on or before 1898.
(2) Any firearm with a matchlock, flintlock or
percussion cap type of ignition system.
(3) Any replica of any firearm described in paragraph
(1) if the replica:
(i) is not designed or redesigned to use rimfire or
conventional center fire fixed ammunition; or
(ii) uses rimfire or conventional center fire fixed
ammunition which is no longer manufactured in the United
States and which is not readily available in the ordinary
channels of commercial trade.
(f) Application of section.--
(1) For the purposes of this section only, except as
provided by paragraph (2), "firearm" shall mean any weapon
which is designed to or may readily be converted to expel any
projectile by the action of an explosive or the frame or
receiver of any such weapon.
(2) The provisions contained in subsections (a) and (c)
shall only apply to pistols or revolvers with a barrel length
of less than 15 inches, any shotgun with a barrel length of
less than 18 inches, any rifle with a barrel length of less
than 16 inches or any firearm with an overall length of less
than 26 inches.
(3) The provisions contained in subsection (a) shall not
apply to any law enforcement officer whose current
identification as a law enforcement officer shall be
construed as a valid license to carry a firearm or any person
who possesses a valid license to carry a firearm under
section 6109 (relating to licenses).
(4) (i) The provisions of subsection (a) shall not
apply to any person who presents to the seller or
transferor a written statement issued by the official
described in subparagraph (iii) during the ten-day period
ending on the date of the most recent proposal of such
transfer or sale by the transferee or purchaser stating
that the transferee or purchaser requires access to a
firearm because of a threat to the life of the transferee
or purchaser or any member of the household of that
transferee or purchaser.
(ii) The issuing official shall notify the
applicant's local police authority that such a statement
has been issued. In counties of the first class the chief
of police shall notify the police station or substation
closest to the applicant's residence.
(iii) The statement issued under subparagraph (ii)
shall be issued by the district attorney, or his
designee, of the county of residence if the transferee or
purchaser resides in a municipality where there is no
chief of police. Otherwise, the statement shall be issued
by the chief of police in the municipality in which the
purchaser or transferee resides.
(g) Penalties.--
(1) Any person, licensed dealer, licensed manufacturer
or licensed importer who knowingly or intentionally sells,
delivers or transfers a firearm in violation of this section
commits a misdemeanor of the second degree.
(2) Any person, licensed dealer, licensed manufacturer
or licensed importer who knowingly or intentionally sells,
delivers or transfers a firearm under circumstances intended
to provide a firearm to any person, purchaser or transferee
who is unqualified or ineligible to control, possess or use a
firearm under this chapter commits a felony of the third
degree and shall in addition be subject to revocation of the
license to sell firearms for a period of three years.
(3) Any person, licensed dealer, licensed manufacturer
or licensed importer who knowingly and intentionally requests
a criminal history, juvenile delinquency or mental health
record check or other confidential information from the
Pennsylvania State Police under this chapter for any purpose
other than compliance with this chapter or knowingly and
intentionally disseminates any criminal history, juvenile
delinquency or mental health record or other confidential
information to any person other than the subject of the
information commits a felony of the third degree.
(3.1) Any person, licensed dealer, licensed manufacturer
or licensed importer who knowingly and intentionally obtains
or furnishes information collected or maintained pursuant to
section 6109 for any purpose other than compliance with this
chapter or who knowingly or intentionally disseminates,
publishes or otherwise makes available such information to
any person other than the subject of the information commits
a felony of the third degree.
(4) Any person, purchaser or transferee who in
connection with the purchase, delivery or transfer of a
firearm under this chapter knowingly and intentionally makes
any materially false oral or written statement or willfully
furnishes or exhibits any false identification intended or
likely to deceive the seller, licensed dealer or licensed
manufacturer commits a felony of the third degree.
(5) Notwithstanding section 306 (relating to liability
for conduct of another; complicity) or any other statute to
the contrary, any person, licensed importer, licensed dealer
or licensed manufacturer who knowingly and intentionally
sells, delivers or transfers a firearm in violation of this
chapter who has reason to believe that the firearm is
intended to be used in the commission of a crime or attempt
to commit a crime shall be criminally liable for such crime
or attempted crime.
(6) Notwithstanding any act or statute to the contrary,
any person, licensed importer, licensed manufacturer or
licensed dealer who knowingly and intentionally sells or
delivers a firearm in violation of this chapter who has
reason to believe that the firearm is intended to be used in
the commission of a crime or attempt to commit a crime shall
be liable in the amount of the civil judgment for injuries
suffered by any person so injured by such crime or attempted
crime.
(h) Subsequent violation penalty.--
(1) A second or subsequent violation of this section
shall be a felony of the second degree and shall be
punishable by a mandatory minimum sentence of imprisonment of
five years. A second or subsequent offense shall also result
in permanent revocation of any license to sell, import or
manufacture a firearm.
(2) Notice of the applicability of this subsection to
the defendant and reasonable notice of the Commonwealth's
intention to proceed under this section shall be provided
prior to trial. The applicability of this section shall be
determined at sentencing. The court shall consider evidence
presented at trial, shall afford the Commonwealth and the
defendant an opportunity to present necessary additional
evidence and shall determine by a preponderance of the
evidence if this section is applicable.
(3) There shall be no authority for a court to impose on
a defendant to which this subsection is applicable a lesser
sentence than provided for in paragraph (1), to place the
defendant on probation or to suspend sentence. Nothing in
this section shall prevent the sentencing court from imposing
a sentence greater than that provided in this section.
Sentencing guidelines promulgated by the Pennsylvania
Commission on Sentencing shall not supersede the mandatory
sentences provided in this section.
(4) If a sentencing court refuses to apply this
subsection where applicable, the Commonwealth shall have the
right to appellate review of the action of the sentencing
court. The appellate court shall vacate the sentence and
remand the case to the sentencing court for imposition of a
sentence in accordance with this section if it finds that the
sentence was imposed in violation of this subsection.
(i) Confidentiality.--All information provided by the
potential purchaser, transferee or applicant, including, but not
limited to, the potential purchaser, transferee or applicant's
name or identity, furnished by a potential purchaser or
transferee under this section or any applicant for a license to
carry a firearm as provided by section 6109 shall be
confidential and not subject to public disclosure. In addition
to any other sanction or penalty imposed by this chapter, any
person, licensed dealer, State or local governmental agency or
department that violates this subsection shall be liable in
civil damages in the amount of $1,000 per occurrence or three
times the actual damages incurred as a result of the violation,
whichever is greater, as well as reasonable attorney fees.
(j) Exemption.--The provisions of subsections (a) and (b)
shall not apply to sales between Federal firearms licensees.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Nov. 22, 1995, P.L.621, No.66; Apr. 22, 1997, P.L.73, No.5; June
18, 1998, P.L.503, No.70, eff. imd.; Dec. 3, 1998, P.L.933,
No.121, eff. imd.; Dec. 15, 1999, P.L.915, No.59, eff. 60 days;
Dec. 20, 2000, P.L.728, No.101, eff. 60 days)
2000 Amendment. Act 101 amended subsec. (j).
1998 Amendments. Act 70 amended subsecs. (b)(1.1) intro.
par. and (i), (1.4) and (3) and (g)(3) and added subsecs. (b)(7)
and (g)(3.1) and Act 121 amended subsec. (b)(1.4). Act 121
overlooked the amendment by Act 70, but the amendments do not
conflict in substance (except for the date, as to which Act 121
has been given effect) and have both been given effect in
setting forth the text of subsec. (b)(1.4).
1997 Amendment. Act 5 amended the entire section, effective
immediately as to subsec. (b)(1.1) and 60 days as to the
remainder of the section.
Cross References. Section 6111 is referred to in sections
6109, 6111.1, 6111.2, 6111.3, 6113 of this title; section 6108.3
of Title 23 (Domestic Relations).
§ 6111.1. Pennsylvania State Police.
(a) Administration.--The Pennsylvania State Police shall
have the responsibility to administer the provisions of this
chapter.
(b) Duty of Pennsylvania State Police.--
(1) Upon receipt of a request for a criminal history,
juvenile delinquency history and mental health record check
of the potential purchaser or transferee, the Pennsylvania
State Police shall immediately during the licensee's call or
by return call forthwith:
(i) review the Pennsylvania State Police criminal
history and fingerprint records to determine if the
potential purchaser or transferee is prohibited from
receipt or possession of a firearm under Federal or State
law;
(ii) review the juvenile delinquency and mental
health records of the Pennsylvania State Police to
determine whether the potential purchaser or transferee
is prohibited from receipt or possession of a firearm
under Federal or State law; and
(iii) inform the licensee making the inquiry either:
(A) that the potential purchase or transfer is
prohibited; or
(B) provide the licensee with a unique approval
number.
(2) In the event of electronic failure, scheduled
computer downtime or similar event beyond the control of the
Pennsylvania State Police, the Pennsylvania State Police
shall immediately notify the requesting licensee of the
reason for and estimated length of the delay. If the failure
or event lasts for a period exceeding 48 hours, the dealer
shall not be subject to any penalty for completing a
transaction absent the completion of an instantaneous records
check for the remainder of the failure or similar event, but
the dealer shall obtain a completed application/record of
sale following the provisions of section 6111(b)(1) and (1.1)
(relating to sale or transfer of firearms) as if an
instantaneous records check has not been established for any
sale or transfer of a firearm for the purpose of a subsequent
background check.
(3) The Pennsylvania State Police shall fully comply,
execute and enforce the directives of this section as
follows:
(i) The instantaneous background check for firearms
as defined in section 6102 (relating to definitions)
shall begin on July 1, 1998.
(ii) The instantaneous background check for firearms
that exceed the barrel lengths set forth in section 6102
shall begin on the later of:
(A) the date of publication of the notice under
section 6111(a)(2); or
(B) December 31, 1998.
(4) The Pennsylvania State Police and any local law
enforcement agency shall make all reasonable efforts to
determine the lawful owner of any firearm confiscated by the
Pennsylvania State Police or any local law enforcement agency
and return said firearm to its lawful owner if the owner is
not otherwise prohibited from possessing the firearm. When a
court of law has determined that the Pennsylvania State
Police or any local law enforcement agency have failed to
exercise the duty under this subsection, reasonable attorney
fees shall be awarded to any lawful owner of said firearm who
has sought judicial enforcement of this subsection.
(c) Establish a telephone number.--The Pennsylvania State
Police shall establish a telephone number which shall be
operational seven days a week between the hours of 8 a.m. and 10
p.m. local time for purposes of responding to inquiries as
described in this section from licensed manufacturers, licensed
importers and licensed dealers. The Pennsylvania State Police
shall employ and train such personnel as are necessary to
administer expeditiously the provisions of this section.
(d) Distribution.--The Pennsylvania State Police shall
provide, without charge, summaries of uniform firearm laws and
firearm safety brochures pursuant to section 6125 (relating to
distribution of uniform firearm laws and firearm safety
brochures).
(e) Challenge to records.--Any person who is denied the
right to receive, sell, transfer, possess, carry, manufacture or
purchase a firearm as a result of the procedures established by
this section may challenge the accuracy of that person's
criminal history, juvenile delinquency history or mental health
record pursuant to a denial by the instantaneous records check
in accordance with procedures established by the Pennsylvania
State Police. The decision resulting from a challenge under this
subsection may be appealed to the Attorney General within 30
days of the decision by the Pennsylvania State Police. The
decision of the Attorney General may be appealed to the
Commonwealth Court in accordance with court rule.
(f) Notification of mental health commitment.--
Notwithstanding any statute to the contrary, judges of the
courts of common pleas shall notify the Pennsylvania State
Police on a form developed by the Pennsylvania State Police of
the identity of any individual who has been adjudicated
incompetent or who has been involuntarily committed to a mental
institution for inpatient care and treatment under the act of
July 9, 1976 (P.L.817, No.143), known as the Mental Health
Procedures Act, or who has been involuntarily treated as
described in section 6105(c)(4) (relating to persons not to
possess, use, manufacture, control, sell or transfer firearms).
The notification shall be transmitted by the judge to the
Pennsylvania State Police within seven days of the adjudication,
commitment or treatment.
(g) Review by court.--
(1) Upon receipt of a copy of the order of a court of
competent jurisdiction which vacates a final order or an
involuntary certification issued by a mental health review
officer, the Pennsylvania State Police shall expunge all
records of the involuntary treatment received under
subsection (f).
(2) A person who is involuntarily committed pursuant to
section 302 of the Mental Health Procedures Act may petition
the court to review the sufficiency of the evidence upon
which the commitment was based. If the court determines that
the evidence upon which the involuntary commitment was based
was insufficient, the court shall order that the record of
the commitment submitted to the Pennsylvania State Police be
expunged. A petition filed under this subsection shall toll
the 60-day period set forth under section 6105(a)(2).
(3) The Pennsylvania State Police shall expunge all
records of an involuntary commitment of an individual who is
discharged from a mental health facility based upon the
initial review by the physician occurring within two hours of
arrival under section 302(b) of the Mental Health Procedures
Act and the physician's determination that no severe mental
disability existed pursuant to section 302(b) of the Mental
Health Procedures Act. The physician shall provide signed
confirmation of the determination of the lack of severe
mental disability following the initial examination under
section 302(b) of the Mental Health Procedures Act to the
Pennsylvania State Police.
(h) Juvenile registry.--
(1) The contents of law enforcement records and files
compiled under 42 Pa.C.S. § 6308 (relating to law enforcement
records) concerning a child shall not be disclosed to the
public except if the child is 14 years of age or older at the
time of the alleged conduct and if any of the following
apply:
(i) The child has been adjudicated delinquent by a
court as a result of an act or acts which constitute any
offense enumerated in section 6105.
(ii) A petition alleging delinquency has been filed
by a law enforcement agency alleging that the child has
committed an act or acts which constitute an offense
enumerated in section 6105 and the child previously has
been adjudicated delinquent by a court as a result of an
act or acts which included the elements of one of such
crimes.
(2) Notwithstanding any provision of this subsection,
the contents of law enforcement records and files concerning
any child adjudicated delinquent for the commission of any
criminal activity described in paragraph (1) shall be
recorded in the registry of the Pennsylvania State Police for
the limited purposes of this chapter.
(i) Reports.--The Pennsylvania State Police shall annually
compile and report to the General Assembly, on or before
December 31, the following information for the previous year:
(1) number of firearm sales, including the types of
firearms;
(2) number of applications for sale of firearms denied,
number of challenges of the denials and number of final
reversals of initial denials;
(3) summary of the Pennsylvania State Police's
activities, including the average time taken to complete a
criminal history, juvenile delinquency history or mental
health record check; and
(4) uniform crime reporting statistics compiled by the
Pennsylvania State Police based on the National Incident-
based Reporting System.
(j) Other criminal information.--The Pennsylvania State
Police shall be authorized to obtain any crime statistics
necessary for the purposes of this chapter from any local law
enforcement agency.
(j.1) Delinquency and mental health records.--The provisions
of this section which relate to juvenile delinquency and mental
health records checks shall be applicable when the data has been
made available to the Pennsylvania State Police but not later
than October 11, 1999.
(j.2) Records check.--The provisions of this section which
relate to the instantaneous records check conducted by telephone
shall be applicable 30 days following notice by the Pennsylvania
State Police pursuant to section 6111(a)(2).
(j.3) Immunity.--The Pennsylvania State Police and its
employees shall be immune from actions for damages for the use
of a firearm by a purchaser or for the unlawful transfer of a
firearm by a dealer unless the act of the Pennsylvania State
Police or its employees constitutes a crime, actual fraud,
actual malice or willful misconduct.
(k) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Firearm." The term shall have the same meaning as in
section 6111.2 (relating to firearm sales surcharge).
"Physician." Any licensed psychiatrist or clinical
psychologist as defined in the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Nov. 22, 1995, P.L.621, No.66, eff. imd.; Apr. 22, 1997, P.L.73,
No.5, eff. 60 days; June 18, 1998, P.L.503, No.70, eff. imd.;
Dec. 3, 1998, P.L.933, No.121, eff. imd.)
1998 Amendments. Act 70 amended subsecs. (b)(3) and (e) and
added subsec. (j.3) and Act 121 amended subsec. (b)(3). Act 121
overlooked the amendment by Act 70, but the amendments do not
conflict in substance (except for the date, as to which Act 121
has been given effect) and have both been given effect in
setting forth the text of subsec. (b)(3).
1997 Amendment. Act 5 amended subsecs. (b)(2) and (k).
1995 Amendments. Act 17, 1st Sp.Sess., added section 6111.1
and Act 66 amended subsecs. (b), (d), (e), (f), (g), (h) and (i)
and added subsecs. (j.1) and (j.2).
Cross References. Section 6111.1 is referred to in sections
6106, 6111 of this title.
§ 6111.2. Firearm sales surcharge.
(a) Surcharge imposed.--There is hereby imposed on each sale
of a firearm subject to tax under Article II of the act of March
4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, an
additional surcharge of $3. This shall be referred to as the
Firearm Sale Surcharge. All moneys received from this surcharge
shall be deposited in the Firearm Instant Records Check Fund.
(b) Increases or decreases.--Five years from the effective
date of this subsection, and every five years thereafter, the
Pennsylvania State Police shall provide such information as
necessary to the Legislative Budget and Finance Committee for
the purpose of reviewing the need to increase or decrease the
instant check fee. The committee shall issue a report of its
findings and recommendations to the General Assembly for a
statutory change in the fee.
(c) Revenue sources.--Funds received under the provisions of
this section and section 6111(b)(3) (relating to sale or
transfer of firearms), as estimated and certified by the
Secretary of Revenue, shall be deposited within five days of the
end of each quarter into the fund.
(d) Definition.--As used in this section only, the term
"firearm" shall mean any weapon which is designed to or may
readily be converted to expel any projectile by the action of an
explosion or the frame or receiver of any such weapon.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Nov. 22, 1995, P.L.621, No.66, eff. imd.)
References in Text. The Firearm Instant Records Check Fund,
referred to in subsec. (a), is now the Firearm Records Check
Fund.
Cross References. Section 6111.2 is referred to in sections
6111, 6111.1, 6111.3 of this title.
§ 6111.3. Firearm Records Check Fund.
(a) Establishment.--The Firearm Records Check Fund is hereby
established as a restricted account in the State Treasury,
separate and apart from all other public money or funds of the
Commonwealth, to be appropriated annually by the General
Assembly, for use in carrying out the provisions of section 6111
(relating to firearm ownership). The moneys in the fund on June
1, 1998, are hereby appropriated to the Pennsylvania State
Police.
(b) Source.--The source of the fund shall be moneys
collected and transferred under section 6111.2 (relating to
firearm sales surcharge) and moneys collected and transferred
under section 6111(b)(3).
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Nov. 22, 1995, P.L.621, No.66, eff. imd.; June 18, 1998,
P.L.503, No.70, eff. imd.)
1998 Amendment. Act 70 amended the section heading and
subsec. (a).
1995 Amendments. Act 17, 1st Sp.Sess., added section 6111.3
and Act 66 amended the section heading.
Cross References. Section 6111.3 is referred to in section
6102 of this title.
§ 6111.4. Registration of firearms.
Notwithstanding any section of this chapter to the contrary,
nothing in this chapter shall be construed to allow any
government or law enforcement agency or any agent thereof to
create, maintain or operate any registry of firearm ownership
within this Commonwealth. For the purposes of this section only,
the term "firearm" shall include any weapon that is designed to
or may readily be converted to expel any projectile by the
action of an explosive or the frame or receiver of any such
weapon.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)
1995 Amendment. Act 17, 1st Sp.Sess., added section 6111.4.
Cross References. Section 6111.4 is referred to in section
6111 of this title.
§ 6111.5. Rules and regulations.
The Pennsylvania State Police shall in the manner provided by
law promulgate the rules and regulations necessary to carry out
this chapter, including regulations to ensure the identity,
confidentiality and security of all records and data provided
pursuant hereto.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)
1995 Amendment. Act 17, 1st Sp.Sess., added section 6111.5.
§ 6112. Retail dealer required to be licensed.
No retail dealer shall sell, or otherwise transfer or expose
for sale or transfer, or have in his possession with intent to
sell or transfer, any firearm as defined in section 6113(d)
(relating to licensing of dealers) without being licensed as
provided in this chapter.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Apr. 22, 1997, P.L.73, No.5, eff. 60 days)
Cross References. Section 6112 is referred to in section
6113 of this title.
§ 6113. Licensing of dealers.
(a) General rule.--The chief or head of any police force or
police department of a city, and, elsewhere, the sheriff of the
county, shall grant to reputable applicants licenses, in form
prescribed by the Pennsylvania State Police, effective for three
years from date of issue, permitting the licensee to sell
firearms direct to the consumer, subject to the following
conditions in addition to those specified in section 6111
(relating to sale or transfer of firearms), for breach of any of
which the license shall be forfeited and the licensee subject to
punishment as provided in this subchapter:
(1) The business shall be carried on only upon the
premises designated in the license or at a lawful gun show or
meet.
(2) The license, or a copy thereof, certified by the
issuing authority, shall be displayed on the premises where
it can easily be read.
(3) No firearm shall be sold in violation of any
provision of this subchapter.
(4) No firearm shall be sold under any circumstances
unless the purchaser is personally known to the seller or
shall present clear evidence of the purchaser's identity.
(5) A true record in triplicate shall be made of every
firearm sold, in a book kept for the purpose, the form of
which may be prescribed by the Pennsylvania State Police, and
shall be personally signed by the purchaser and by the person
effecting the sale, each in the presence of the other, and
shall contain the information required by section 6111. The
record shall be maintained by the licensee for a period of 20
years.
(6) No firearm as defined in section 6102 (relating to
definitions) shall be displayed in any part of any premises
where it can readily be seen from the outside. In the event
that the Commissioner of the Pennsylvania State Police shall
find a clear and present danger to public safety within this
Commonwealth or any area thereof, firearms shall be stored
and safeguarded pursuant to regulations to be established by
the Pennsylvania State Police by the licensee during the
hours when the licensee is closed for business.
(7) The dealer shall possess all applicable current
revenue licenses.
(b) Fee.--The fee for issuing said license shall be $30,
which fee shall be paid into the county treasury.
(c) Revocation.--Any license granted under subsection (a) of
this section may be revoked for cause by the person issuing the
same, upon written notice to the holder thereof.
(d) Definitions.--For the purposes of this section and
section 6112 (relating to retail dealer required to be licensed)
only unless otherwise specifically provided, the term "firearm"
shall include any weapon that is designed to or may readily be
converted to expel any projectile by the action of an explosive
or the frame or receiver of any such weapon.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Nov. 22, 1995, P.L.621, No.66, eff. imd.; June 18, 1998,
P.L.503, No.70, eff. imd.)
1998 Amendment. Act 70 amended subsecs. (a)(5) and (d).
1995 Amendment. Act 66 amended subsec. (a).
Cross References. Section 6113 is referred to in section
6112 of this title; section 6108.2 of Title 23 (Domestic
Relations).
§ 6114. Judicial review.
The action of the chief of police, sheriff, county treasurer
or other officer under this subchapter shall be subject to
judicial review in the manner and within the time provided by 2
Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local
agency action). A judgment sustaining a refusal to grant a
license shall not bar, after one year, a new application; nor
shall a judgment in favor of the petitioner prevent the
defendant from thereafter revoking or refusing to renew such
license for any proper cause which may thereafter occur. The
court shall have full power to dispose of all costs.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)
§ 6115. Loans on, or lending or giving firearms prohibited.
(a) Offense defined.--No person shall make any loan secured
by mortgage, deposit or pledge of a firearm, nor, except as
provided in subsection (b), shall any person lend or give a
firearm to another or otherwise deliver a firearm contrary to
the provisions of this subchapter.
(b) Exception.--
(1) Subsection (a) shall not apply if any of the
following apply:
(i) The person who receives the firearm is licensed
to carry a firearm under section 6109 (relating to
licenses).
(ii) The person who receives the firearm is exempt
from licensing.
(iii) The person who receives the firearm is engaged
in a hunter safety program certified by the Pennsylvania
Game Commission or a firearm training program or
competition sanctioned or approved by the National Rifle
Association.
(iv) The person who receives the firearm meets all
of the following:
(A) Is under 18 years of age.
(B) Pursuant to section 6110.1 (relating to
possession of firearm by minor) is under the
supervision, guidance and instruction of a
responsible individual who:
(I) is 21 years of age or older; and
(II) is not prohibited from owning or
possessing a firearm under section 6105 (relating
to persons not to possess, use, manufacture,
control, sell or transfer firearms).
(v) The person who receives the firearm is lawfully
hunting or trapping and is in compliance with the
provisions of Title 34 (relating to game).
(vi) A bank or other chartered lending institution
is able to adequately secure firearms in its possession.
(2) Nothing in this section shall be construed to
prohibit the transfer of a firearm under 20 Pa.C.S. Ch. 21
(relating to intestate succession) or by bequest if the
individual receiving the firearm is not precluded from owning
or possessing a firearm under section 6105.
(3) Nothing in this section shall be construed to
prohibit the loaning or giving of a firearm to another in
one's dwelling or place of business if the firearm is
retained within the dwelling or place of business.
(4) Nothing in this section shall prohibit the
relinquishment of firearms to a third party in accordance
with 23 Pa.C.S. § 6108.3 (relating to relinquishment to third
party for safekeeping).
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Nov. 10, 2005, P.L.335, No.66, eff. 180 days)
2005 Amendment. Act 66 added subsec. (b)(4).
Cross References. Section 6115 is referred to in section
6108.3 of Title 23 (Domestic Relations).
§ 6116. False evidence of identity.
In addition to any other penalty provided in this chapter,
the furnishing of false information or offering false evidence
of identity is a violation of section 4904 (relating to unsworn
falsification to authorities).
(Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; June 13, 1995,
1st Sp.Sess., P.L.1024, No.17, eff. 120 days)
§ 6117. Altering or obliterating marks of identification.
(a) Offense defined.--No person shall change, alter, remove,
or obliterate the manufacturer's number integral to the frame or
receiver of any firearm which shall have the same meaning as
provided in section 6105 (relating to persons not to possess,
use, manufacture, control, sell or transfer firearms).
(b) Presumption.--Possession of any firearm upon which any
such mark shall have been changed, altered, removed or
obliterated shall be prima facie evidence that the possessor has
changed, altered, removed or obliterated the same.
(c) Penalty.--A violation of this section constitutes a
felony of the second degree.
(d) Appellate review.--If a sentencing court refuses to
apply this section where applicable, the Commonwealth shall have
the right to appellate review of the action of the sentencing
court. The appellate court shall vacate the sentence and remand
the case to the sentencing court for imposition of a sentence in
accordance with this section if it finds that the sentence was
imposed in violation of this section.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Nov. 22, 1995, P.L.621, No.66, eff. imd.)
1995 Amendment. Act 66 amended subsec. (a).
§ 6118. Antique firearms.
(a) General rule.--This subchapter shall not apply to
antique firearms.
(b) Exception.--Subsection (a) shall not apply to the extent
that such antique firearms, reproductions or replicas of
firearms are concealed weapons as provided in section 6106
(relating to firearms not be carried without a license), nor
shall it apply to the provisions of section 6105 (relating to
persons not to possess, use, manufacture, control, sell or
transfer firearms) if such antique firearms, reproductions or
replicas of firearms are suitable for use.
(c) Definition.--As used in this section, the term "antique
firearm" means:
(1) Any firearm with a matchlock, flintlock or
percussion cap type of ignition system.
(2) Any firearm manufactured on or before 1898.
(3) Any replica of any firearm described in paragraph
(2) if such replica:
(i) is not designed or redesigned for using rimfire
or conventional center fire fixed ammunition; or
(ii) uses rimfire or conventional center fire fixed
ammunition which is no longer manufactured in the United
States and which is not readily available in the ordinary
channels of commercial trade.
(July 16, 1979, P.L.116, No.47, eff. 60 days; Dec. 20, 1983,
P.L.291, No.78, eff. imd.; June 13, 1995, 1st Sp.Sess.,
P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66,
eff. imd.)
Cross References. Section 6118 is referred to in sections
6110.2, 6142 of this title.
§ 6119. Violation penalty.
Except as otherwise specifically provided, an offense under
this subchapter constitutes a misdemeanor of the first degree.
(Dec. 7, 1989, P.L.607, No.68, eff. 60 days)
Cross References. Section 6119 is referred to in section
6111 of this title.
§ 6120. Limitation on the regulation of firearms and
ammunition.
(a) General rule.--No county, municipality or township may
in any manner regulate the lawful ownership, possession,
transfer or transportation of firearms, ammunition or ammunition
components when carried or transported for purposes not
prohibited by the laws of this Commonwealth.
(a.1) No right of action.--
(1) No political subdivision may bring or maintain an
action at law or in equity against any firearms or ammunition
manufacturer, trade association or dealer for damages,
abatement, injunctive relief or any other relief or remedy
resulting from or relating to either the lawful design or
manufacture of firearms or ammunition or the lawful marketing
or sale of firearms or ammunition to the public.
(2) Nothing in this subsection shall be construed to
prohibit a political subdivision from bringing or maintaining
an action against a firearms or ammunition manufacturer or
dealer for breach of contract or warranty as to firearms or
ammunition purchased by the political subdivision.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Dealer." The term shall include any person engaged in the
business of selling at wholesale or retail a firearm or
ammunition.
"Firearms." This term shall have the meaning given to it in
section 5515 (relating to prohibiting of paramilitary training)
but shall not include air rifles as that term is defined in
section 6304 (relating to sale and use of air rifles).
"Political subdivision." The term shall include any home
rule charter municipality, county, city, borough, incorporated
town, township or school district.
(Oct. 18, 1974, P.L.768, No.260, eff. imd.; Dec. 19, 1988,
P.L.1275, No.158, eff. 180 days; Oct. 4, 1994, P.L.571, No.84,
eff. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. imd.)
1999 Amendment. Section 9 of Act 59 provided that the
amendment of section 6120 shall apply to all actions pending on
or brought after the effective date of the amendment of section
6120.
§ 6121. Certain bullets prohibited.
(a) Offense defined.--It is unlawful for any person to
possess, use or attempt to use a KTW teflon-coated bullet or
other armor-piercing ammunition while committing or attempting
to commit a crime of violence as defined in section 6102
(relating to definitions).
(b) Grading.--An offense under this section constitutes a
felony of the third degree.
(c) Sentencing.--Any person who is convicted in any court of
this Commonwealth of a crime of violence and who uses or
carries, in the commission of that crime, a firearm loaded with
KTW ammunition or any person who violates this section shall, in
addition to the punishment provided for the commission of the
crime, be sentenced to a term of imprisonment for not less than
five years. Notwithstanding any other provision of law, the
court shall not suspend the sentence of any person convicted of
a crime subject to this subsection nor place him on probation
nor shall the term of imprisonment run concurrently with any
other term of imprisonment including that imposed for the crime
in which the KTW ammunition was being used or carried. No person
sentenced under this subsection shall be eligible for parole.
(d) Definition.--As used in this section the term "armor-
piercing ammunition" means ammunition which, when or if fired
from any firearm as defined in section 6102 that is used or
attempted to be used in violation of subsection (a) under the
test procedure of the National Institute of Law Enforcement and
Criminal Justice Standard for the Ballistics Resistance of
Police Body Armor promulgated December 1978, is determined to be
capable of penetrating bullet-resistant apparel or body armor
meeting the requirements of Type IIA of Standard NILECJ-STD-
0101.01 as formulated by the United States Department of Justice
and published in December of 1978.
(Dec. 21, 1984, P.L.1210, No.230, eff. imd.)
1984 Amendment. Act 230 added section 6121.
§ 6122. Proof of license and exception.
(a) General rule.--When carrying a firearm concealed on or
about one's person or in a vehicle, an individual licensed to
carry a firearm shall, upon lawful demand of a law enforcement
officer, produce the license for inspection. Failure to produce
such license either at the time of arrest or at the preliminary
hearing shall create a rebuttable presumption of nonlicensure.
(b) Exception.--An individual carrying a firearm on or about
his person or in a vehicle and claiming an exception under
section 6106(b) (relating to firearms not to be carried without
a license) shall, upon lawful demand of a law enforcement
officer, produce satisfactory evidence of qualification for
exception.
(Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Apr. 22, 1997,
P.L.73, No.5, eff. 60 days)
1997 Amendment. Act 5 amended subsec. (a).
1988 Amendment. Act 158 added section 6122.
§ 6123. Waiver of disability or pardons.
A waiver of disability from Federal authorities as provided
for in 18 U.S.C. § 925 (relating to exceptions; relief from
disabilities), a full pardon from the Governor or an overturning
of a conviction shall remove any corresponding disability under
this subchapter except the disability under section 6105
(relating to persons not to possess, use, manufacture, control,
sell or transfer firearms).
(Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Nov. 22, 1995,
P.L.621, No.66, eff. imd.)
Cross References. Section 6123 is referred to in section
6109 of this title.
§ 6124. Administrative regulations.
The commissioner may establish form specifications and
regulations, consistent with section 6109(c) (relating to
licenses), with respect to uniform forms control, including the
following:
(1) License to carry firearms.
(2) Firearm registration.
(3) Dealer's license.
(4) Application for purchase of a firearm.
(5) Record of sale of firearms.
(Dec. 19, 1988, P.L.1275, No.158, eff. 180 days)
1988 Amendment. Act 158 added section 6124.
§ 6125. Distribution of uniform firearm laws and firearm safety
brochures.
It shall be the duty of the Pennsylvania State Police
beginning January 1, 1996, to distribute to every licensed
firearm dealer in this Commonwealth firearms safety brochures at
no cost to the dealer. The brochures shall be written by the
Pennsylvania State Police, with the cooperation of the
Pennsylvania Game Commission, and shall include a summary of the
major provisions of this subchapter, including, but not limited
to, the duties of the sellers and purchasers and the transferees
of firearms. The brochure or a copy thereof shall be provided
without charge to each purchaser.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Nov. 22, 1995, P.L.621, No.66, eff. imd.)
Cross References. Section 6125 is referred to in section
6111.1 of this title.
§ 6126. Firearms Background Check Advisory Committee.
(a) Establishment.--There is hereby established the Firearms
Background Check Advisory Committee which shall consist of six
members as follows:
(1) The Governor or a designee.
(2) The Attorney General or a designee.
(3) The Majority Leader of the Senate or a designee.
(4) The Minority Leader of the Senate or a designee.
(5) The Majority Leader of the House of Representatives
or a designee.
(6) The Minority Leader of the House of Representatives
or a designee.
(b) Duties.--To facilitate compliance with this chapter and
the intent thereof, the Firearms Background Check Advisory
Committee shall, as follows:
(1) Review the operations and procedures of the
Pennsylvania State Police relating to the implementation and
administration of the criminal history, juvenile delinquency
and mental health records background checks.
(2) Advise the Pennsylvania State Police relating to the
development and maintenance of the instantaneous records
check system.
(3) Provide annual reports to the Governor and the
General Assembly on the advisory committee's findings and
recommendations, including discussions concerning conformance
with the preamble of the act of June 13, 1995 (1st Sp.Sess.,
P.L.1024, No.17), entitled, "An act amending Titles 18
(Crimes and Offenses) and 42 (Judiciary and Judicial
Procedure) of the Pennsylvania Consolidated Statutes, further
providing for the possession of firearms; establishing a
selected Statewide juvenile offender registry; and making an
appropriation."
(c) Terms.--Members or their designees shall serve a term of
office concurrent with the term of office for which the member
was elected. Any vacancy shall be filled by the appointing
authority.
(d) Chairperson.--The Governor shall appoint the chairperson
of the advisory committee.
(e) Expiration.--This section shall expire November 30,
2002.
(Nov. 22, 1995, P.L.621, No.66, eff. July 1, 1996; Dec. 20,
2000, P.L.728, No.101, eff. imd.)
2000 Amendment. Act 101 reenacted and amended the entire
section.
§ 6127. Firearm tracing.
(a) Illegal possession.--Upon recovering a firearm from the
possession of anyone under 21 years of age who is not permitted
by Federal or State law to possess a firearm, a local law
enforcement agency shall use the best available information,
including a firearms trace where necessary, to determine how and
from where the person under 21 years of age gained possession of
the firearm.
(b) Tracing.--Local law enforcement shall use the National
Tracing Center of the Federal Bureau of Alcohol, Tobacco,
Firearms and Explosives in complying with subsection (a).
(c) Notification.--Local law enforcement agencies shall
advise the Pennsylvania State Police of all firearms that are
recovered in accordance with this section.
(July 17, 2007, P.L.139, No.41, eff. 60 days)
2007 Amendment. Act 41 added section 6127.
SUBCHAPTER B
FIREARMS GENERALLY
Sec.
6141. Purchase of firearms in contiguous states (Repealed).
6141.1. Purchase of rifles and shotguns outside this
Commonwealth.
6142. Locking device for firearms.
§ 6141. Purchase of firearms in contiguous states (Repealed).
1997 Repeal Note. Section 6141 was repealed April 22, 1997,
P.L.73, No.5, effective in 60 days.
§ 6141.1. Purchase of rifles and shotguns outside this
Commonwealth.
Nothing in this chapter shall be construed to prohibit a
person in this Commonwealth who may lawfully purchase, possess,
use, control, sell, transfer or manufacture a firearm which
exceeds the barrel and related lengths set forth in section 6102
(relating to definitions) from lawfully purchasing or otherwise
obtaining such a firearm in a jurisdiction outside this
Commonwealth.
(Apr. 22, 1997, P.L.73, No.5, eff. 60 days)
1997 Amendment. Act 5 added section 6141.1.
§ 6142. Locking device for firearms.
(a) Offense defined.--It shall be unlawful for any licensee
to sell, deliver or transfer any firearm as defined in section
6102 (relating to definitions), other than an antique firearm as
defined in section 6118 (relating to antique firearms), to any
other person, other than another licensee, unless the transferee
is provided with or purchases a locking device for that firearm
or the design of the firearm incorporates a locking device.
(b) Exceptions.--Firearms for transfer to or possession by
any law enforcement officer employed by any Federal, State or
local government entity or rail police employed and certified by
a rail carrier as a police officer are not subject to the
provisions of this section.
(c) Penalties.--A violation of the provisions of this
section shall be a summary offense.
(d) Good faith compliance.--A licensee who in good faith
complies with this section shall not be civilly liable as a
result of such compliance with this section, except for any acts
or omissions intentionally designed to harm or for grossly
negligent acts or omissions which result in harm.
(e) Admissibility of evidence.--A transferee's purchase or
receipt of a locking device in conjunction with the purchase of
a firearm pursuant to this section shall not be admissible as
evidence in any civil action brought against the transferee.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Licensee." Any licensed manufacturer, importer or dealer of
firearms.
"Locking device." Either of the following:
(1) a device that, when installed on a firearm, is
designed to prevent the firearm from being operated without
first deactivating the device; or
(2) a device that is incorporated into the design of a
firearm and that is designed to prevent the operation of the
firearm by anyone not having access to the device.
(Dec. 15, 1999, P.L.915, No.59, eff. 60 days)
1999 Amendment. Act 59 added section 6142.
Cross References. Section 6142 is referred to in section
6108.3 of Title 23 (Domestic Relations).
SUBCHAPTER C
OTHER DANGEROUS ARTICLES
Sec.
6161. Carrying explosives on conveyances.
6162. Shipping explosives.
§ 6161. Carrying explosives on conveyances.
(a) Offense defined.--A person is guilty of a misdemeanor of
the second degree if he enters into or upon any railroad train,
locomotive, tender or car thereof, or into or upon any
automobile or other conveyance used for the carrying of freight
or passengers, having in his custody or about his person any
nitroglycerine or other explosive, other than as freight
regularly shipped as such.
(b) Powers of crew.--The conductor or person having charge
and control of any railroad train, coach, or other conveyance
for the carriage of freight or passengers, may arrest any person
found violating the provisions of this section and detain such
person until reaching some place, where such person may be
delivered to a constable or other police authority.
(c) Venue.--It shall be lawful to prosecute such offenders
in any county through which said public conveyance passes,
without reference to the place where such offenders were
arrested.
§ 6162. Shipping explosives.
(a) Offense defined.--A person is guilty of a misdemeanor of
the third degree if he knowingly delivers, or causes to be
delivered to any transportation company, or to any person
engaged in the business of transportation, any explosive
material adapted for blasting, or for any other purpose for
which such articles may be used, under any false or deceptive
invoice or description, or without informing the carrier at or
before the time when such delivery is made, of the true nature
of the same, and without having the keg, barrel, can or package
containing the same plainly marked with the name of the
explosive material therein contained, together with the word
"dangerous."
(b) Damages.--Any person convicted of an offense under this
section shall, in addition to any other penalty, be responsible
for all damages to persons or property directly or indirectly
resulting from the explosion of any such article.
(c) Opening of suspected containers.--Any person engaged in
the business of transportation, upon affidavit made of the fact
that any container tendered for transportation, not in
compliance with the provisions of this section is believed to
contain explosive material, may require such container to be
opened, and refuse to receive any such container unless such
requirement is complied with.
(d) Disposition of explosives.--If such container is opened
and found to contain any explosive material, the container and
its contents shall be forthwith removed to any lawful place for
the storing of explosives. After conviction of the offender, or
after three months from such removal, the container, with its
contents, shall be sold at public sale, after the expiration of
ten days from notice of the time and place of such sale,
published in one newspaper in the county where such seizure
shall have been made. The proceeds of such sale, after deducting
therefrom the expenses of removal, storage, advertisement and
sale, shall be paid into the treasury of the county.
|