by James Bardwell (bardwell@netcom.com).
(10/17/95)
Penn. Stat. Ann. Title 18 sections 6101 et seq. as amended by HB
110, signed June 13, 1995, effective 120 days later, and should be
current as of Oct. 1, 1995
Notes: the only "city of the first class" is Philadelphia.
Section 6109 details the procedure for a Pa. CCW permit.
Section 6101 Short Title
This subchapter shall be known as and may be cited as the
Pennsylvania Uniform Firearms Act of 1995.
Section 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 them in this section:
"Commissioner." The Commissioner of the Pennsylvania State Police.
"Conviction." A conviction as determined by the law of the
jurisdictions 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 less than 15
inches, any shotgun with a barrel less than 18 inches, or any rifle
with a barrel 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).
"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.
Section 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 in this subchapter.
Section 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.
Section 6105 Persons not to possess, use, manufacture, control,
sell or transfer firearms.
(a) Offense defined.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 any of the offenses
enumerated in subsection (b) or (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.
(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 2704 (relating to assault by life prisoner).
Section 2709 (relating to harassment and stalking) if the offense
relates to stalking.
Section 2901 (relating to kidnapping).
Section 2902 (relating to unlawful restraint).
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 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 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 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.
(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 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.
section 3731 (relating to driving under influence of alcohol or
controlled substance) on three or more separate occasions within
a fiveyear 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 sections 302, 303 and 304 of the
provisions of the act of July 9, 1976 (P.L.817, No.143), known as
the Mental Health Procedures Act.
(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. section 6108 (relating to
relief) which order provided for the confiscation of firearms
during the period of time the order is in effect.
(7) A person who was adjudicated delinquent by a court pursuant to
42 Pa.C.S. section 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. section 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 (6) (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.
(d) Exemption. A person who has been convicted of a crime
specified in subsection (a), (b) or (c)(1), (2), (5) or (7) 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 ownership,
possession or control of a firearm. The court may 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) or a felony
violation of The Controlled Substance, Drug, Device and Cosmetic
Act.
(e) Proceedings.
(1) If a person convicted of an offense under subsection (a), (b)
or (c)(1), (2), (5) or (7) 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 subsection
(e) by an applicant subject to the prohibitions under subsection
(c)(3) or (5) (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 and
that a period of five years has elapsed since the applicant's most
recent adjudication or commitment under subsection (c)(3) or (5)
(c)(4).
(2) If application is made under this subsection for relief from
the disability imposed under subsection (c)(5)(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.
(3) All hearings conducted under this subsection shall be closed.
(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.
Section 6106 Firearms not to be carried without a license
(a) Offense defined - No person shall carry a firearm in any
vehicle or concealed on or about his person, except in his place of
abode or fixed place of business, without a license therefore as
provided in this section.
(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 or marine corps 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 weapons from the United
States or from this Commonwealth.
(4) Any persons engaged in target shooting with rifle, pistol, or
revolver, if such persons are going to or from their places of
assembly or target practice, the cartridge or shells are carried in
a separate container and the rifle, pistol or revolver is unloaded.
(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 unloaded and in a secure
wrapper from the place of purchase to his home or place of
business, or to a place of repair or back to his home or place of
business, or in moving from one place of abode or business to
another.
(9) Persons licensed to hunt, take furbearers or fish in this
Commonwealth, if such persons are actually hunting, taking
furbearers or fishing or are going to the place 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.
(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 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 firearms 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 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.
Section 6106.1 Carrying loaded weapons other than firearms
(a) General rule. Except as provided in 34 Pa.C.S. (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.
Section 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).
Section 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).
Section 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 within the Commonwealth. Any person who
carries a firearm concealed on or about his person or in a vehicle
within this Commonwealth without a valid and lawfully issued
license under this section commits a felony of the third degree.
(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 common
wealth. 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 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 of violence in the
commonwealth of Pennsylvania or elsewhere. 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 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.
(d) Sheriff to conduct investigation - The sheriff to whom the
application is made shall investigate the applicant's record of
criminal convictions, shall investigate whether or not the
applicant in under indictment for or has ever been convicted of a
crime punishable by imprisonment exceeding one year, shall
investigate whether the applicant character and reputation are such
that the applicant will not be likely to act in a manner dangerous
to the public safety and and shall 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
shall conduct a criminal background, juvenile delinquency or mental
health check following the procedures set forth in section 6111
(relating to firearm ownership).
(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 ins ection 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 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 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 Firearm of the Department of the Treasury
under 18 U.S.C. section 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.
(xiii) An individual who is otherwise prohibited from possessing,
using, manufacturing, controlling, purchasing, selling or
transferring a firearm as provided by section 6105.
(2) [deleted by HB110, 6/13/95]
(3) The license shall bear the name, address, date of birth, race,
sex, citizenship, Social Security number, height, weight, color of
hair, color of eyes, and signature of the licensee; the signature
of the sheriff issuing the license; the reason for issuance; and
the period of validation. The sheriff may also require a
photograph of the licensee on the license. The original license
shall be issued to the applicant. The first copy of the license
shall be forwarded to the commissioner within seven days of the
date of issue and a second copy shall be retained by the issuing
authority for a period of six years.
(f) Term of license - 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.
(g) Grant of 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 reasons. The notice shall be sent
by certified mail to the applicant at the address set forth in the
application.
(h) Fee - The fee for a license to carry a firearm is $17.50. This
includes 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.
The fee is payable to the sheriff to whom the application is
submitted and is payable at the time of application for the
license. 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. A person who sells or attempts
to sell a license to carry a firearm for a fee in excess of the
amounts under this section commits a summary offense.
(i) Revocation - A license to carry firearm may be revoked by the
issuing authority for good cause. Notice of revocation shall be in
writing and shall state the reason for revocation. Notice shall be
sent by certified mail, and, at that time, a copy shall be
forwarded to the commissioner. An individual whose license is
revoked shall surrender the license to the issuing authority within
five days of receipt of the notice. An individual who violates
this section commits a summary offense.
(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.The Attorney General may enter into reciprocity
agreements with other states providing for the mutual recognition
of each state's license to carry a firearm.
Section 6110 [Repealed]
Section 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 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:
(1) the minor is engaged in lawful activity, including lawfully
hunting or trapping, safety training, target shooting at an
established range or engaging in an organized competition involving
the use of a firearm; or
(2) the firearm is unloaded and the minor is transporting it for
a lawful purpose.
(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.
Section 6111 Sale 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. section 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) Obtained a completed application/record of sale from the
potential buyer or transferee, to be filled out in quadruplicate,
the original copy to be sent to the Pennsylvania State Police, one
copy to be retained by the licensed importer, licensed manufacturer
or licensed dealer, one copy to be retained by the purchaser or
transferee and one copy to be sent to the chief of police or
sheriff of the county or head of the police force or police
department of the city in which the purchaser or transferee
resides. The form of this application/record of sale 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, birth
date, gender, race, physical description and Social Security number
of the purchaser or transferee, the date of the application and in
the case of a firearm as defined in section 6102 (relating to
definitions), the caliber, length of barrel, make, model,
manufacturer's number and the firearm to be purchased or
transferred. When delivered to the purchaser or transferee, the
firearm shall be securely wrapped and shall be unloaded.
(2) Inspected photo identification of the potential purchaser or
transferee, including, but not limited to, a driver's license,
official Pennsylvania photo identification card or official
government photo identification 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 validwithoutphoto 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 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.
(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 arising from the sale or transfer of any firearm.
(e) Nonapplicability of section. As provided by section 6118
(relating to antique firearms), this section shall not apply to the
following:
(1) Any firearm manufactured on or before 1898, including any
firearm with a matchlock, flintlock, percussion cap or similar type
of ignition system.
(2) 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) (relating to the
time and manner of delivery) and (c) (relating to the duty of other
persons) 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, or 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 as defined in section 5515 (relating to
prohibiting of paramilitary training) 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 of the transferee or purchaser. If such county of
residence is a county of the first class, the issuing official
shall be the chief of police, or his designee, having jurisdiction
in that county.
(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 from
the Pennsylvania State Police for any purpose other than compliance
with this chapter or knowingly and intentionally disseminates any
criminal history, juvenile delinquency or mental health record
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 manufacturer a firearm.
(2) Notice of the applicability of this subsection to the defendant
shall not be required prior to conviction, but reasonable notice of
the Commonwealth's intention to proceed under this section shall be
provided after conviction and before sentencing. 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.Information 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.
Section 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 its criminal history records demonstrate that the
potential purchaser or transferee is so prohibited; or
(B) provide the licensee with a unique approval number.
(2) In the event of electronic failure or similar emergency 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.
(3) The Pennsylvania State Police shall fully comply, execute and
enforce the directives of this section within four years of the
enactment of this subsection.
(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. 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 distribute
copies 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 under the
procedures of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
procedure of Commonwealth agencies).
(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 treated
as described in section 6105(c)(3) (relating to persons not to
possess, use, manufacture, control, sell or transfer firearms).
(g) Mental health treatment professionals. Notwithstanding any
statute to the contrary, any mental health treatment professional
who has been licensed to provide mental health services to the
general public pursuant to the laws of this Commonwealth may, in
the exercise of that professional's professional judgment, notify
any law enforcement official of any individual under that
professional's care who that professional reasonably believes to be
a danger to that individual or others. Mental health professionals
who make such a report in good faith shall be immune from any civil
or criminal liability that may arise from their decision to report
an individual under their care.
(h) Juvenile registry.
(1) The contents of law enforcement records and files compiled
under 42 Pa.C.S. section 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.
(iii) The child is a dangerous juvenile offender.
(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;
(2) number of applications for sale of firearms denied;
(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 Incidentbased 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.
(k) Definition.For the purposes of this section only, the term
"firearm" shall have the same meaning as in section 6111.2
(relating to firearm sales surcharge).
Section 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 Ownership
Surcharge. All moneys received from this surcharge shall be
deposited in the Firearm Ownership 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) and (d) (relating to firearm
ownership), as estimated and certified by the Secretary of Revenue,
shall be deposited within five days of the end of each quarter into
the fund. The provisions of Article II of the Tax Reform Code of
1971 shall apply to the surcharge imposed by subsection (a).
(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.
Section 6111.3. Firearm Ownership Fund.
(a) Establishment. The Firearm Ownership 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).
(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 sections
6111(b)(3) and 6113(d) (relating to licensing of dealers).
Section 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.
Section 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.
Section 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 without being licensed as provided in this
subchapter.
Section 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 not more
than 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 firearm ownership), 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'sidentity.
(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.
(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 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.
Section 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.
Section 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 34 Pa.C.S.
(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.
Section 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).
Section 6117. Altering or obliterating marks of identification.
(a) Offense defined. No person shall change, alter, remove, or
obliterate the manufacturer's number or other integral mark of
identification 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, 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.
Section 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 to 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, including any firearm with a matchlock, flintlock,
percussion cap or similar type of ignition system, manufactured on
or before 1898; and
(2) any replica of any firearm described in paragraph (1) 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.
Section 6119 Violation penalty
Except as otherwise specifically provided, an offense under this
subchapter constitutes a misdemeanor in the first degree.
Section 6120 Limitations on municipal 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.
(b) Definition - For purposes of this section, the term "firearms"
has the meaning given in section 5515 (relating to prohibiting of
paramilitary training) but shall not include "air rifles" as
defined in section 6304 (relating to sale and use of air rifles).
Section 6121 Certain bullets prohibited
(a) Offense defined - It is unlawful for any person to possess, use
or attempt to use a KW 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, int he
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.
(d) Definition - As used in this section the term "armor-piercing
ammunition" means ammunition which, when or if fired for 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 Ballistic 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.
Section 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.
(b) Exception - An individual carrying a firearm on or about his
person or in a vehicle and claiming an exception under 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.
Section 6123 Waiver of disability or pardons
A waiver of disability provided by Federal authorities as provide
for in 18 U.S.C. section 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
section except the disability under this section 6105 (relating to
former convict not to own a firearm, etc).
Section 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.
Section 6125. Distribution of uniform firearm laws and firearm
safety brochures.
(a) General rule. It shall be the duty of the Pennsylvania State
Police to distribute to every licensed firearm dealer in this
Commonwealth copies of this subchapter. A copy of this subchapter
shall be provided without charge by every licensed firearm dealer
to every firearm, shotgun or rifle purchaser.
(b) Safety brochures. It shall be the duty of the Pennsylvania
State Police to distribute to every licensed firearm dealer in this
Commonwealth copies of firearm safety brochures. The brochures
shall be written by the Pennsylvania State Police, with the
cooperation of the Pennsylvania Game Commission and written to
provide for the safe use and operation of firearms, shotguns or
rifles. The brochures shall be provided, without charge, by every
licensed firearm dealer to every firearm, shotgun or rifle
purchaser.
Other important Pa. weapons laws:
18 Pa Stat Ann Section 908
Prohibited offensive weapons
(a) Offense defined - A person commits a misdemeanor of the first
degree if, except as authorized by law, he makes, repairs, sells,
or otherwise deals in, uses, or possesses any offensive weapon.
(b) Exceptions
(1) It is a defense under this section for the defendant to prove
by a preponderance of evidence that he possessed or dealt with the
weapon solely as a curio or in a dramatic performance, or that,
with the exception of a bomb, grenade or incendiary device, he
complied with the National Firearms Act (26 U.S.C. section 5801 et
seq.), or that he possessed it briefly in consequence of having
found it or taken it from an aggressor, or under circumstances
similarly negativing any intent or likelihood that the weapon would
be used unlawfully.
(2) This section does not apply to police forensic firearms experts
or police forensic firearms laboratories. Also exempt from this
section are forensic firearms experts or forensic firearms
laboratories operating in the ordinary course of business and
engaged in lawful operation who notify in writing, on an annual
basis, the chief or head of any police force or police department
of a city, and, elsewhere, the sheriff of a county in which they
are located, of the possession, type and use of offensive weapons.
(3) This section shall not apply to any person who makes, repairs,
sells or otherwise deals in, uses or possesses any firearm for
purposes not prohibited by the laws of the Commonwealth.
(c) Definitions - As used in this section the following words and
phrases shall have the meanings given them in this subsection:
"Firearm." Any weapon which is designed to or may readily be
converted to expel an projectile by the action of an explosive, or
the frame or receiver of any such weapon.
"Offensive weapons." Any bomb, grenade, machine gun, sawed-off
shotgun, with a barrel less than 18 inches, firearm made or
specially adapted for concealment or silent discharge, any
blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting
instrument, the blade of which is exposed in an automatic way by
switch, push-button, spring mechanism or otherwise, or other
implement for the infliction of serious injury which serves no
common lawful purpose.
(d) Exemptions - The use and possession of blackjacks by the
following persons in the course of their duties are exempt from
this section:
(1) Police officers, as defined by and who meet the requirements of
the act of June 18, 1974 (P.L. 359, No. 120), referred to as the
Municipal Police Education and Training Law.
(2) Police officers of first class cities who have successfully
completed training which is substantially equivalent to the program
under the Municipal Police Education and Training Law.
(3) Pennsylvania State Police officers.
(4) Sheriffs and deputy sheriffs of the various counties who have
satisfactorily met the requirements of the Municipal Police
Education and Training Law.
(5) Police officers employed by the Commonwealth who have
satisfactorily met the requirements of the Municipal Police
Education and Training Law.
(6) Deputy sheriffs with adequate training as determined by the
Pennsylvania Commission on Crime and Delinquency.
(7) Liquor Control Board agents who have satisfactorily met the
requirements of the Municipal Police Education and Training Law.
Section 913. Possession of firearm or other dangerous weapon in
court facility.
(a) Offense defined. A person commits an offense if he:
(1) knowingly possesses a firearm or other dangerous weapon in a
court facility or knowingly causes a firearm or other dangerous
weapon to be present in a court facility; or
(2) knowingly possesses a firearm or other dangerous weapon in a
court facility with the intent that the firearm or other dangerous
weapon be used in the commission of a crime or knowingly causes a
firearm or other dangerous weapon to be present in a court facility
with the intent that the firearm or other dangerous weapon be used
in the commission of a crime.
(b) Grading.
(1) Except as otherwise provided in paragraph (3), an offense under
subsection (a)(1) is a misdemeanor of the third degree.
(2) An offense under subsection (a)(2) is a misdemeanor of the
first degree.
(3) An offense under subsection (a)(1) is a summary offense if the
person was carrying a firearm under section 6106(b) (relating to
firearms not to be carried without a license) or 6109 (relating to
licenses) and failed to check the firearm under subsection (e)
prior to entering the court facility.
(c) Exceptions. Subsection (a) shall not apply to:
(1) The lawful performance of official duties by an officer, agent
or employee of the United States, the Commonwealth or a political
subdivision who is authorized by law to engage in or supervise the
prevention, detection, investigation or prosecution of any
violation of law.
(2) The lawful performance of official duties by a court official.
(3) The carrying of rifles and shotguns by instructors and
participants in a course of instruction provided by the
Pennsylvania Game Commission under 34 Pa.C.S. section 2704
(relating to eligibility for license).
(4) Associations of veteran soldiers and their auxiliaries or
members of organized armed forces of the United States or the
Commonwealth, including reserve components, when engaged in the
performance of ceremonial duties with county approval.
(d) Posting of notice. Notice of the provisions of subsections (a)
and (e) shall be posted conspicuously at each public entrance to
each courthouse or other building containing a court facility and
each court facility, and no person shall be convicted of an offense
under subsection (a)(1) with respect to a court facility if the
notice was not so posted at each public entrance to the courthouse
or other building containing a court facility and at the court
facility, unless the person had actual notice of the provisions of
subsection (a).
(e) Facilities for checking firearms. Each county shall make
available, at or near the main entrance to the courthouse, lockers
or similar facilities for the temporary checking of firearms by
persons carrying firearms under section 6106(b) or 6109.
(f) Definitions. As used in this section, the following words and
phrases shall have the meanings given to them in this subsection:
"Court facility." The courtroom of a court of record; a
courtroom of a community court; the courtroom of a district
justice; a courtroom of the Philadelphia Municipal Court; a
courtroom of the Pittsburgh Magistrates Court; a courtroom of the
Traffic Court of Philadelphia; judge's chambers; witness rooms;
jury deliberation rooms; attorney conference rooms; prisoner
holding cells; offices of court clerks, the district attorney, the
sheriff and probation and parole officers; and any adjoining
corridors.
"Dangerous weapon." A bomb, grenade, blackjack, sandbag, metal
knuckles, dagger, knife, the blade of which is exposed in an
automatic way by switch, pushbutton, spring mechanism or otherwise,
or other implement for the infliction of serious bodily injury
which serves no common lawful purpose.
"Firearm." Any weapon, including a starter gun, which will or is
designed to expel a projectile or projectiles by the action of an
explosion, expansion of gas or escape of gas. The term does not
include any device designed or used exclusively for the firing of
stud cartridges, explosive rivets or similar industrial ammunition.