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  Persons to whom delivery shall not be made (Repealed).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.