Pennsylvania Uniform Firearms Act Part 2

Act 2008-131 legislation

 

Act 2008-131, 4, in subsec. (f)(1), inserted "extended under paragraph (3) or"; added subsecs. (f)(3), (f)(4) and (m.1) to (m.3).

 

Section 10 of 2008, Oct. 17, P.L. 1628, No. 131, effective in 60 days [Dec. 16, 2008], provides that "[t]he provisions of 17 Pa. Code 11.215 (relating to weapons and hunting) are abrogated to the extent they apply to any person identified under 18 Pa.C.S. 6109(m.2)."

 

Prior Laws:

1968, July 31, P.L. 802, 1.

1968, July 30, P.L. 690, 1.

1963, Aug. 13, P.L. 660, No. 346, 1.

1961, Aug. 4, P.L. 921, 1.

1953, July 27, P.L. 627, 1.

1943, May 21, P.L. 485, 1.

1943, May 21, P.L. 306, 1.

1939, June 24, P.L. 872, 628 (18 P.S. 4628).

1931, June 11, P.L. 497, 1 to 21.

 

18 Pa.C.S.A. 6109, PA ST 18 Pa.C.S.A. 6109

 

Current through Reg. Sess. Act 2008-132 and 2007-2008 Sp. Sess. No. 1 Act 2

 

 

 

 

2000 Main Volume

 

Act 1995, No. 17 (Spec. Sess. No. 1) also, in subsec. (g), second sentence, preceding "reasons" and in subsec. (i), second sentence, preceding "reason", inserted "specific"; in subsec. (h), increased the fee from $12.50 to $17.50; and added subsec. (k).

 

Act 1995, Nov. 22, P.L. 621, No. 66, 4, in subsec. (a), deleted the last sentence, which provided that any person who carried a firearm concealed on or about his person or in a vehicle without a valid and lawfully issued license under this section committed a felony of the third degree; in subsec. (f), designated par. (1) as such and added par. (2); and, in subsec. (h), substituted "$19" for "$17.50", and inserted the second and fourth sentences.

 

The 1997 amendment, in subsec. (a), substituted "throughout" for "within".

 

Act 1998-70, in subsec. (e)(1)(xii) added the second sentence and, in subsec. (i), inserted the second and sixth sentences.

 

Act 1995, June 13, No. 17 (Spec. Sess. No. 1) in subsec. (a), added the second sentence; in subsec. (c), second sentence, substituted "this section" for "subsection (c)(2); in subsec. (d), added "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)"; in subsec. (e)(1)(iii) and (iv) following "a crime", substituted "enumerated in section 6105" for "of violence", added subcl. (xii), and deleted cl. (2), which read: "(2) In a city of the first class, a license shall be issued only if it additionally appears that the applicant has good reason to fear an injury to the applicant's person or property or has any other proper reason for carrying a firearm and that the applicant is a suitable individual to be licensed."

2008 Electronic Update

 

Act 2005-66 legislation

 

Act 2005-66, 3, in subsec. (c), in the statement, substituted "that prohibits me from possessing or acquiring a firearm under Federal or State law" for "of violence in the Commonwealth or Pennsylvania or elsewhere", and added the sixth sentence; rewrote subsec. (d), which prior thereto read:

 

"(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 is under indictment for or has ever been convicted of a crime punishable by imprisonment exceeding one year, shall 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 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)."

 

; added subsec. (e)(1)(xiv); rewrote subsec. (e)(3) as subsecs. (e)(3) to (5), prior to which reading:

 

"(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."

 

; rewrote subsec. (h), which prior thereto read:

 

"(h) Fee.--The fee for a license to carry a firearm is $19. This includes a renewal notice processing fee of $1.50. 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. No fee other than that provided by this paragraph or the Sheriff Fee Act may be assessed by the sheriff for the performance of any background check made pursuant to this 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 fixed under this subsection commits a summary offense."

 

; in subsec. (i), substituted "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" for ", and, at that time, a copy shall be forwarded to the commissioner"; added subsec. (i.1); rewrote subsec. (k), which prior thereto read:

 

"(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."

 

; and added subsecs. (l) to (n).

 

Sections 14 and 15 of 2005, Nov. 10, P.L. 335, No. 66, provide:

 

" 14. The Pennsylvania Commission on Crime and Delinquency shall submit a report to the General Assembly three years after the effective date of this section on the progress of the Firearms License to Carry Modernization account.

 

" 15. This act shall take effect as follows:

 

"(1) The addition or amendment of 18 Pa.C.S. 6109(e)(3) introductory paragraph, (i), (ii), (v) and (vi) shall take effect in 90 days [Feb. 8, 2006].

 

"(2) The addition or amendment of 18 Pa.C.S. 6109(e)(3)(iii), (iv) and (4) shall take effect upon publication of the notice under 18 Pa.C.S. 6109(h)(2) or five years and 60 days [Jan. 10, 2011], whichever is first.

 

"(3) This section shall take effect immediately.

 

"(4) The remainder of this act shall take effect in 180 days [May 9, 2006]."

 

Act 2008-131 legislation

 

Act 2008-131, 4, in subsec. (f)(1), inserted "extended under paragraph (3) or"; added subsecs. (f)(3), (f)(4) and (m.1) to (m.3).

 

Section 10 of 2008, Oct. 17, P.L. 1628, No. 131, effective in 60 days [Dec. 16, 2008], provides that "[t]he provisions of 17 Pa. Code 11.215 (relating to weapons and hunting) are abrogated to the extent they apply to any person identified under 18 Pa.C.S. 6109(m.2)."

 

Prior Laws:

1968, July 31, P.L. 802, 1.

1968, July 30, P.L. 690, 1.

1963, Aug. 13, P.L. 660, No. 346, 1.

1961, Aug. 4, P.L. 921, 1.

1953, July 27, P.L. 627, 1.

1943, May 21, P.L. 485, 1.

1943, May 21, P.L. 306, 1.

1939, June 24, P.L. 872, 628 (18 P.S. 4628).

1931, June 11, P.L. 497, 1 to 21.

 

18 Pa.C.S.A. 6109, PA ST 18 Pa.C.S.A. 6109

 

Current through Reg. Sess. Act 2008-132 and 2007-2008 Sp. Sess. No. 1 Act 2

 

 

TITLE 18

PA CRIMES CODES

 

 

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). (Chgd. by L.1995, Act 66(4), eff 11/22/95.)
    • (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.
  • (Added by L 1995, Spec. Sess. 1, Act 17(4), eff 10/11/95)

 

TITLE 18

PA CRIMES CODES

 

 

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).

(Added by L.1999, Act 59(5), eff. 2/13/2000.)

 

TITLE 18

PA CRIMES CODES

 

6111. Sale or transfer of firearms.

(a) Time and manner of delivery.--

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  • (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.
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  • (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.
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(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:

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  • (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. The application/record of sale shall also contain the following question:
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  • Are you the actual buyer of the firearm(s), as defined under 18 Pa.C.S. 6102 (relating to definitions), listed on this application/record of sale? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person, unless you are legitimately acquiring the firearm as a gift for any of the following individuals who are legally eligible to own a firearm:
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    • (1) spouse;
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    • (2) parent;
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    • (3) child;
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    • (4) grandparent; or
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    • (5) grandchild.
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  • (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:
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  • (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.
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  • (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.
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  • (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.
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  • (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.
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  • (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.
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  • (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.
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  • (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.
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  • (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.
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  • (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.
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  • (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.
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  • (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.
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  • (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.
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  • (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.
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  • (7) For purposes of the enforcement of 18 United States Code 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).
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(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:

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  • (1) Any firearm manufactured on or before 1898.
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  • (2) Any firearm with a matchlock, flintlock or percussion cap type of ignition system.
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  • (3) Any replica of any firearm described in paragraph (1) if the replica:
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  • (i) is not designed or redesigned to use rimfire or conventional center fire fixed ammunition; or
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  • (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.
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(f) Application of section.--

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  • (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.
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  • (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.
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  • (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).
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  • (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.
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  • (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.
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  • (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.
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(g) Penalties.--

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  • (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.
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  • (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.
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  • (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.
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  • (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.
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  • (4) Any person, purchaser or transferee commits a felony of the third degree if, in connection with the purchase, delivery or transfer of a firearm under this chapter, he knowingly and intentionally:
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  • (i) makes any materially false oral statement;
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  • (ii) makes any materially false written statement, including a statement on any form promulgated by Federal or State agencies; or
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  • (iii) willfully furnishes or exhibits any false identification intended or likely to deceive the seller, licensed dealer or licensed manufacturer.
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  • (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.
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  • (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.
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(h) Subsequent violation penalty.--

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  • (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.
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  • (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.
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  • (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.
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  • (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.
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(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.--

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  • (1) The provisions of subsections (a) and (b) shall not apply to:
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  • (i) sales between Federal firearms licensees; or
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  • (ii) the purchase of firearms by a chief law enforcement officer or his designee, for the official use of law enforcement officers.
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  • (2) For the purposes of this subsection, the term "chief law enforcement officer" shall include the Commissioner of the Pennsylvania State Police, the chief or head of a police department, a county sheriff or any equivalent law enforcement official.
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CREDIT(S)

 

1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. Amended 1995, June 13, P.L. 1024, No. 17 (Spec. Sess. No. 1), 5, effective in 120 days; 1995, Nov. 22, P.L. 621, No. 66, 4; 1997, April 22, P.L. 73, No. 5, 1; 1998, June 18, P.L. 503, No. 70, 4, imd. effective; 1998, Dec. 3, P.L. 933, No. 121, 4, imd. effective; 1999, Dec. 15, P.L. 915, No. 59, 6, effective in 60 days; 2000, Dec. 20, P.L. 728, No. 101, 4, effective in 60 days; 2008, Oct. 17, P.L. 1628, No. 131, 5, effective in 60 days [Dec. 16, 2008].

 

HISTORICAL AND STATUTORY NOTES

 

Act 1995, June 13, No. 17 (Spec. Sess. No. 1) rewrote the section.

 

Act 1995, Nov. 22, P.L. 621, No. 66, 4, in subsec. (b), rewrote par. (1), added pars. (1.1), (1.2), (1.3), (1.4), and (6); rewrote subsec. (e); in subd. (f)(3), following the first occurrence of "law enforcement officer", deleted "as defined in section 5515 (relating to prohibiting of paramilitary training)"; rewrote subd. (f)(4)(iii); and, in subd. (g)(3), inserted "under this chapter". Prior to revision, subd. (b)(1), subsec. (e), and subd. (f)(4)(iii) read:

 

"(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, birthdate, 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."

 

"(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)(4)(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."

 

 

 

Act 1995, Nov. 22, P.L. 621, No. 66, 11, provides:

 

"Until such time as the amendatory provisions of 18 Pa.C.S. 6111(b) which are set forth in this act take effect, the Pennsylvania State Police shall only apply the provision of 18 Pa.C.S. 6111(b)(1) as it existed on the day prior to the effective date of this act to any firearm which meets the standards in the definition of 'firearm' set forth in 18 Pa.C.S. 6102."

 

Act 1995, Nov. 22, P.L. 621, No. 66, 13, provides that the amendment of this section shall take effect immediately, except that the addition of subsec. (b)(1.1) shall take effect Jan. 1, 1997.

 

The 1997 amendment, in subsec. (b), par. (1), in the first sentence following "licensed dealer", inserted "for a period of 20 years" and substituted "provided to" for "retained by"; in par. (1.1), inserted the introductory clause, added designations for the remaining clauses and, in cl. (i) following "or licensed dealer", inserted "for a period of 20 years" and substituted "provided to" for "retained by"; in par. (1.3), inserted "or violates 6111.4 (relating to registration of firearms)" and substituted "$250 per violation," for "up to $250 per"; in subsec. (d), inserted "or other claim or cause of action under this chapter"; and rewrote subsecs. (g)(3), (h)(2), and (i), which formerly read:

 

"(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 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 information to any person other than the subject of the information commits a felony of the third degree."

 

"(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."

 

"(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 5 of Act 1997, April 22, P.L. 73, No. 5 provides that the amendment of this section shall take effect in 60 days, except that the amendment of subsec. (b)(1.1) shall take effect immediately.

2008 Electronic Update

 

Act 1998-70 legislation

 

Act 1998-70, in subsec. (b)(1.1) following "on", deleted "and after the earlier of" and, following has been implemented", deleted "or the date of July 1, 1998"; in subsec. (b) (1.1)(i), substituted "In the even of an electronic failure under section 6111.1(b)(2) (relating to Pennsylvania State Police) for" for "For"; in subsec. (b)(1.4) substituted "Following" for "Prior to January 1, 1997, and following" and substituted "December 31" for "October 11"; in subsec. (b)(3) inserted the second sentence; added subsec. (b)((7); in subsec. (g)(3) twice deleted "pursuant to section 6109" and deleted "or other law enforcement agency"; and added subsec. (g)(3.1).

 

Act 1998-121 legislation

 

Act 1998-121, in subsec. (b)(1.4), substituted 'Following" for "Prior to January 1, 1997, and following" and substituted "December 1, 1998" for "October 11, 1999".

 

The amendments by Acts 1998-70 and 1998-121 overlook each other but do not conflict in substance (except for the date, as to which Act 1998-121 as been given effect by the Pennsylvania Legislative Reference Bureau) and both Acts have been given effect in setting forth the text of this section.

 

Act 1999-59 legislation

 

Act 1999-59 added subsec. (j).

 

Act 2000-101 legislation

 

Act 2000-101, in subsec. (j), deleted "of firearms as defined in sec. 6102".

 

Act 2008-131 legislation

 

Act 2008-131, 5, in subsec. (b)(1), inserted the application/record question; rewrote subsecs. (g)(4) and (j), which prior thereto read:

 

"(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."

 

"(j) Exemption. The provisions of subsections (a) and (b) shall not apply to sales between Federal firearms licensees."

 

Prior Laws:

            1968, July 31, P.L. 802, 1 (18 P.S. 4628).             

            1968, July 30, P.L. 690, 1 (18 P.S. 4628).             

            1963, Aug. 13, P.L. 660, No. 346, 1 (18 P.S. 4628).   

            1961, Aug. 4, P.L. 921, 1 (18 P.S. 4628).             

            1953, July 27, P.L. 627, 1 (18 P.S. 4628).              

            1943, May 21, P.L. 485, 1 (18 P.S. 4628).             

            1943, May 21, P.L. 306, 1 (18 P.S. 4628).             

            1939, June 24, P.L. 872, 627, 628 (18 P.S. 4627, 4628).   

            1931, June 11, P.L. 497, 1 to 21 (18 P.S. 4628).   

            1885, June 11, P.L. 111, 1 (18 P.S. 4627).             

 

18 Pa.C.S.A. 6111, PA ST 18 Pa.C.S.A. 6111

 

Current through Act 2009-10

(rev.2002)

 

 

 

 

TITLE 18

PA CRIMES CODES

 

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 or recovered 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.--

  • (1) 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 by submitting a challenge to the Pennsylvania State Police within 30 days from the date of the denial.
  • (2) The Pennsylvania State Police shall conduct a review of the accuracy of the information forming the basis for the denial and shall have the burden of proving the accuracy of the record. Within 20 days after receiving a challenge, the Pennsylvania State Police shall notify the challenger of the basis for the denial, including, but not limited to, the jurisdiction and docket number of any relevant court decision and provide the challenger an opportunity to provide additional information for the purposes of the review. The Pennsylvania State Police shall communicate its final decision to the challenger within 60 days of the receipt of the challenge. The decision of the Pennsylvania State Police shall include all information which formed a basis for the decision.
  • (3) If the challenge is ruled invalid, the person shall have the right to appeal the decision to the Attorney General within 30 days of the decision. The Attorney General shall conduct a hearing de novo in accordance with the Administrative Agency Law. The burden of proof shall be upon the Commonwealth.
  • (4) The decision of the Attorney General may be appealed to the Commonwealth Court by an aggrieved party.
  •  
  • (f) Notification of mental health adjudication, treatment, commitment, drug use or addiction.—
  • (1) 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:
  • (i) the identity of any individual who has been adjudicated as an incompetent or as a mental defective or who has been involuntarily committed to a mental institution under the act of July 9, 1976 (P.L. 817, No. 143), [FN1] 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) or as described in 18 U.S.C. 922(g)(4) (relating to unlawful acts) and its implementing Federal regulations; and
  • (ii) any finding of fact or court order related to any person described in 18 U.S.C. 922(g)(3).
  • 2) The notification shall be transmitted by the judge to the Pennsylvania State Police within seven days of the adjudication, commitment or treatment.
  • (3) Notwithstanding any law to the contrary, the Pennsylvania State Police may disclose, electronically or otherwise, to the United States Attorney General or a designee, any record relevant to a determination of whether a person is disqualified from possessing or receiving a firearm under 18 U.S.C. 922 (g)(3) or (4) or an applicable state statute.
  •  

(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.

 

CREDIT(S)

 

1995, June 13, P.L. 1024, No. 17 (Spec. Sess. No. 1), 6, effective in 120 days. Amended 1995, Nov. 22, P.L. 621, No. 66, 5, imd. effective; 1997, April 22, P.L. 73, No. 5, 1, effective in 60 days; 1998, June 18, P.L. 503, No. 70, 5, imd. effective; 1998, Dec. 3, P.L. 933, No. 121, 4, imd. effective; 2008, Oct. 17, P.L. 1628, No. 131, 6.

 

[FN1] 50 P.S. 7101 et seq.

 

HISTORICAL AND STATUTORY NOTES

 

Act 1995, Nov. 22, P.L. 621, No. 66, 5, rewrote subd. (b)(1)(iii)(A); in subd. (b)(2), substituted "event" for "emergency" and added the last sentence; in subd. (b)(4), inserted "if the owner is not otherwise prohibited from possessing the firearm"; in subsec. (d), substituted "provide, without charge, summaries" for "distribute copies"; in subsec. (e), substituted "Chapter 91 (relating to criminal history record information)" for "2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies)"; rewrote subsecs. (f) and (g); deleted subd. (h)(1)(iii), which provided "The child is a dangerous juvenile offender."; in subd. (i)(1), inserted ", including the types of firearms"; in subd. (i)(2), inserted "; number of challenges of the denials; and number of final reversals of initial denials"; and added subsecs. (j.1) and (j.2). Prior to revision, subd. (b)(1)(iii)(A) and subsecs. (f) and (g) read:

 

"(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:"

 

"(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"

 

"(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)(4) (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."

 

The 1997 amendment, in subsec. (b)(2), in the first sentence, inserted ", scheduled computer downtime" and, in the second sentence, substituted "completing a transaction absent the completion of an" for "failure to complete an"; and rewrote subsec. (k), which formerly read:

 

"(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)."

2008 Electronic Update

 

Act 1998-70 legislation

 

Act 1998-70, in subsec. (b)(3) substituted "as follows:" for "within four years of the enactment of this subsection." and added subsec. (b)(3)(i) and (b)(3)(ii); in subsec. (e) in the first sentence following "mental health record" deleted "under the procedures of Chapter 91 (relating to criminal history record information)", inserted "pursuant to a denial by the instantaneous records check in accordance with procedures established by the Pennsylvania State Police" and inserted the second and third sentences; and added subsec. (j.3).

 

Act 1998-121 legislation

 

Act 1998-121, in subsec. (b)(3), substituted "as follows:" for "within four years of the enactment of this subsection." and added subds. (i) and (ii).

 

The amendments by Acts 1998-70 and 1998-121 overlook each other but do not conflict in substance (except for the date, as to which Act 1998-121 as been given effect by the Pennsylvania Legislative Reference Bureau) and both Acts have been given effect in setting forth the text of this section.

 

Act 2008-131 legislation

 

Act 2008-131, 6, in subsec. (b)(4), inserted "or recovered"; and rewrote subsecs. (e) and (f), which prior thereto read:

 

"(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.

 

Section 11 of 2008, Oct. 17, P.L. 1628, No. 131, imd. effective, provides that the amendment of 18 Pa.C.S. 6111.1, subsec. (e) shall take effect immediately, and that the amendment of subsecs. (b)(4) and (f) shall take effect in 60 days [Dec. 16, 2008].

 

18 Pa.C.S.A. 6111.1, PA ST 18 Pa.C.S.A. 6111.1

 

Current through Act 2009-12

(rev. 96)

 

 

TITLE 18

PA CRIMES CODES

 

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 (PL 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), 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.

(Added by L. 1995, Spec. Sess. 1, Act 17(6), eff. 10/11/95; chgd. by L. 1995, Act 66(6), eff. 11/22/95.)

 

TITLE 18

PA CRIMES CODES

 

 

6111.3. Firearm Instant 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).

(Added by L.1995, Spec. Sess. 1, Act 17(6), eff 10/11/95; chgd. by L.1995, Act 66(6); L.1998, Act 70(6), eff 6/18/98.)

 

TITLE 18

PA CRIMES CODES

 

 

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. (Added by L 1995. Spec. Sess 1, Act 17(6,), eff 10/11/95.)

 

TITLE 18

PA CRIMES CODES

 

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 (Added by L.1995, Spec. Sess. 1, Act 17(6), eff. 10/11/95.)

 

TITLE 18

PA CRIMES CODES

 

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. (Reenacted by L. 1995, Spec. Sess. 1, Act 17(7); chgd. by L.199 7, Act 5(1), eff 6/21/97.)

 

 

Title 18 Crimes Code of PA

 

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 the 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.

(Chgd. by L.1995, Spec. Sess. 1, Act 17(8); L.1995, Act 66(6); L.1998, Act 70(6), eff 6/18/98.)

 

TITLE 18

PA CRIMES CODES

 

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. (Chgd. by L.1995, Spec. Sess. 1, Act 17(8), eff 10/11/95.)

 

TITLE 18

PA CRIMES CODES

 

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 (if a responsible individual who.

(I)            is ‘21 years of age or older; and

(II)            is not prohibited from owning or possessing a firearm tinder 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 CS. Ch. 21 (relating to interstate 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.

(Repealed and added by L 1995, Spec. Sess 1, Act 17(8), eff 10/11/95)

 

TITLE 18

PA CRIMES CODES

 

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). (Chgd. by L. 1988, Act 158(1); L. 1995, Spec Sess. l,Act 17(8), eff 10/11/95)

 

TITLE 18

PA CRIMES CODES

 

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) Deleted by 2008, Oct. 17, P.L. 1628, No. 131, 7, effective in 60 days [Dec. 16, 2008].

 

(c) Penalty.--A violation of this section constitutes a felony of the second degree.

 

(d) Deleted by 2008, Oct. 17, P.L. 1628, No. 131, 7, effective in 60 days [Dec. 16, 2008].

 

CREDIT(S)

 

1972, Dec. 6, P.L. 1482, No. 334, 1, effective June 6, 1973. Amended 1995, June 13, P.L. 1024, No. 17 (Spec. Sess. No. 1), 8, effective in 120 days; 1995, Nov. 22, P.L. 621, No. 66, 6, imd. effective; 2008, Oct. 17, P.L. 1628, No. 131, 7, effective in 60 days [Dec. 16, 2008].

 

HISTORICAL AND STATUTORY NOTES

 

Act 1995, No. 17 (Spec. Sess. No. 1) rewrote the section.

 

Act 1995, Nov. 22, No. 66, in subsec. (a), following "manufacturer's number", deleted "or other mark of identification".

2008 Electronic Update

 

Act 2008-131 legislation

 

Act 2008- 131, 7, deleted subsecs. (b) and (d), which read:

 

"(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."

 

"(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."

 

Prior Laws:

 

1968, July 31, P.L. 802, 1.

1968, July 30, P.L. 690, 1.

1963, Aug. 13, P.L. 660, No. 346, 1.

1961, Aug. 4, P.L. 921, 1.

1953, July 27, P.L. 627, 1.

1943, May 21, P.L. 485, 1.

1943, May 21, P.L. 306, 1.

1939, June 24, P.L. 872, 628 (18 P.S. 4628).

1931, June 11, P.L. 497, 1 to 21.

18 Pa.C.S.A. 6117, PA ST 18 Pa.C.S.A. 6117

 

Current through Act 2009-12

 

TITLE 18

PA CRIMES CODES

 

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 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.

(Chgd. by L.1995, Spec. Sess. 1, Act 17(8), eff. 10/11/95; L.1995, Act 66(6), eff 11/22/95.)

 

TITLE 18

PA CRIMES CODES

 

 

6119. Violation Penalty.

Except as otherwise specifically provided, an offense under this subchapter constitutes a misdemeanor of the first degree. (Chgd. by L. 1989, Act 68(2), eff 2/5/90.)

 

TITLE 18

PA CRIMES CODES

 

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. l) 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.

(Chgd. by 1.1999, Act 59(7), eff.12/15/99.)

 

 

TITLE 18

PA CRIMES CODES

 

 

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 hA of Standard NILECJ-STD-0101.01 as formulated by the United States Department of Justice and published in December of 1978.

 

 

TITLE 18

PA CRIMES CODES 

 

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 provide 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.

(Chgd. by 1.1997, Act 5(l), eff. 6/21/97.)

  

 

TITLE 18

PA CRIMES CODES

 

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). (Added by L.1988, Act 158(2); chgd. by L.1995, Act 66(6), eff. 11/22/95.)

 

 

TITLE 18

PA CRIMES CODES

 

6124. Administrative Regulations.

The commissioner may establish form specifications and regulations, consistent with section 6 109(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.

(Added by L.1988, Act 158(2), eff 6/17/89.)

 

TITLE 18

PA CRIMES CODES

 

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 a charge to each purchaser. (Added by L. 1995, Spec. Sess. 1, Act 17(9), eff. 10 / 11 / 95; chgd. by L. 1995, Act 66(6), eff 11/22/95.)

 

TITLE 18

PA CRIMES CODES

 

 

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. 1995, 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 July 1, 2001, or at the end of two years following the implementation of the instant records check, whichever is sooner.

(Added by L. 1995, Act 66(7), eff 7/1 / 96.)

 

Current (7-12-01) Committee Members:

Governor                    (Designee - Brian Grove)

Attorney General            (Designee-Ron Stanko)

Senate Leadership            Senator Brightbill (Designee-Senator Robbins) (Republican)

    • Senator Mellow (Designee-Senator Fumo) (Democrat)
  • House Leadership            Rep. Perzel (Designee - Rep. Phillips) (Republican)
    • Rep. DeWeese (Designee - Rep. Staback) (Democrat)
  • The Committee has met 2 times since it's inception (informal meetings).

Dr. Krug (fmr. PA/ILA Representative) is the consultant to the committee

 

TITLE 18

PA CRIMES CODES

 

 

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 (1 st Sp. Sess., P.L.1024, No. l7), entitled, "An act amending Title 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.

(Chgd by L.2000, Act 101(5), eff. 12/20/2000. Expires by its own terms 11/30/2002.)

 

Current (7-12-01) Committee Members:

Governor                    (Designee - Brian Grove)

Attorney General            (Designee-Ron Stanko)

Senate Leadership            Senator Brightbill (Designee-Senator Robbins) (Republican)

    • Senator Mellow (Designee-Senator Fumo) (Democrat)
  • House Leadership            Rep. Perzel (Designee - Rep. Phillips) (Republican)
    • Rep. DeWeese (Designee - Rep. Staback) (Democrat)
  • The Committee has met 2 times since it's inception (informal meetings).

Dr. Krug (fmr. PA/ILA Representative) is the consultant to the committee

 

TITLE 18

PA CRIMES CODES

 

6127. Firearm Tracing. 

(a) Illegal possession.--Upon confiscating or recovering a firearm from the possession of anyone 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 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.

 CREDIT(S) 

2007, July 17, P.L. 139, No. 41, 4, effective in 60 days [Sept. 17, 2007]. Amended 2008, Oct. 17, P.L. 1628, No. 131, 7, effective in 60 days [Dec. 16, 2008].

 HISTORICAL AND STATUTORY NOTES

Act 2008-131 legislation 

Act 2008-131, 7, inserted "confiscating or" and deleted "under 21 years of age" following "where the person". 

18 Pa.C.S.A. 6127, PA ST 18 Pa.C.S.A. 6127 

Current through Act 2009-12

 

TITLE 18

PA CRIMES CODES

 

 

6141. Purchase of Firearms in Contiguous States.

(a)            General rule.—It is lawful for a person residing in this Commonwealth, including a corporation or other business entity maintaining a place of business in this Commonwealth, to purchase or otherwise obtain a rifle or shotgun in a state contiguous to this Commonwealth and to receive or transport such rifle or shotgun into this Commonwealth.

(b)            Applicability of section.—

(1)            This section applies to residents of this Commonwealth who obtain rifles or shotguns from a state contiguous to this Commonwealth in compliance with the Gun Control Act of 1968, State laws and local ordinances.

(2)            This section shall not apply or be construed to affect in any way the purchase, receipt or transportation of rifles and shotguns by Federally licensed firearms manufacturers, importers, dealers or collectors.

(c)            Definitions.—

(1)            As used in this section the term “a state contiguous to this Commonwealth” means any state having a common border with this Commonwealth.

(2)            The other terms used in this section shall have the meanings ascribed to them by Public Law 90-618 known as the “Gun Control Act of 1968.”

 

TITLE 18

PA CRIMES CODES

 

 

6141.1.  Purchase of Firearms in Contiguous States.

 

            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. (Added by L.1997,Act5(3), eff 6/21/97.)

 

 

Title 18

 

SUBCHAPTER B FIREARMS GENERALLY

 

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) 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.

(Added by L 1999, Act 59(8), eff. 2/13/2000.)

 

 

 

CHAPTER 63

MINORS

 

6301. Corruption of Minors.

(a)            Offense defined.—Whoever, being of the age of 18 years and upwards, by any act corrupts or tends to corrupt the morals of any minor less than 18 years of age, or who aids, abets, entices or encourages any such minor in the commission of any crime, or who knowingly assists or encourages such minor in violating his or her parole or any order of court, is guilty of a misdemeanor of the first degree.

(b)            Adjudication of delinquency unnecessary—A conviction under the provisions of this section may be had whether or not the jurisdiction of any juvenile court has attached or shall thereafter attach to such minor or whether or not such minor has been adjudicated a delinquent or shall thereafter be adjudicated a delinquent.

(c)            Presumptions.—In trials and hearings upon charges of violating the provisions of this section, knowledge of the minor’s age and of the court’s orders and decrees concerning such minor shall be presumed in the absence of proof to the contrary.

(d)            Mistake as to age.—

(1)            Whenever in this section the criminality of conduct depends upon the corruption of a minor whose actual age is under 16 years, it is no defense that the actor did not know the age of the minor or reasonably believed the minor to be older than 18 years.

(2)            Whenever in this section the criminality of conduct depends upon the corruption of a minor whose actual age is 16 years or more but less than 18 years, it is a defense for the actor to prove by a preponderance of the evidence that he reasonably believed the minor to be 18 years or older.

(Added by L.1978, Act 104(1), effective 8/30/78.)

 

 

CHAPTER 63

MINORS

 

6302. Sale or Lease of Weapons or Explosives.

(a)            Offense defined.—A person is guilty of a misdemeanor of the first degree if he sells or causes to be sold or leases to any person under 18 years of age any deadly weapon, cartridge, gunpowder, or other similar dangerous explosive substance.

(b)            Exception.—The provisions of subsection (a) shall not prohibit hunting by minors under 18 years of age permitted under Title 34 (relating to game).

(Chgd. byL.1986,Act93(Z), effJ 7/1/87.)

 

CHAPTER 63

MINORS

 

6303. Sale of Starter Pistols.

(a)            Offense defined.—A person is guilty of a misdemeanor of the first degree if he sells, causes to be sold, gives or furnishes to any person under the age of 18 years, or if he, being under the age of 18 years, purchases, accepts, receives or possesses, any pistol commonly referred to as “starter pistol” specially designed to receive and discharge blank cartridges only or similar pistol.

(b)            Exception.—Nothing in this section shall prohibit the use of starter pistols for the purpose of starting or officiating at athletic events, use in dramatic productions, or other similar events.

 

CHAPTER 63

MINORS

 

6304. Sale and Use of Air Rifles.

(a)            Sale or transfer of air rifles.—

(1)            It shall be unlawful for any dealer to sell, lend, rent, give, or otherwise transfer an air rifle to any person under the age of 18 years, where the dealer knows, or has reasonable cause to believe, the person to be under 18 years of age, or where such dealer has failed to make reasonable inquiry relative to the age of such person, and such person is under 18 years of age.

(2)            It shall be unlawful for any person to sell, give, lend, or otherwise transfer any air rifle to any person under 18 years of age, except where the relationship of parent and child, guardian and ward or adult instructor and pupil exists between such person and the person under 18 years of age.

(b)            Carrying or discharging air rifles.—

(1)            It shall be unlawful for any person under 18 years of age to carry any air rifle on the highways or public lands unless accompanied by an adult, except that a person under 18 years of age may carry such Rifle unloaded in a suitable case or securely wrapped.

(2)            It shall be unlawful for any person to discharge any air rifle from or across any highway or public land or any public place, except on a properly constructed target range.

(c)            Exceptions.—

(1)            Nothing in this section shall make it unlawful for any person under 18 years of age to have in his possession any air rifle, if it is:

(i)            kept within his domicile;

(ii)            used by the person under 18 years of age and he is a duly enrolled member of any club, team or society organized for educational purposes and maintaining as part of its facilities or having written permission to use an indoor or outdoor rifle range under the supervision, guidance and instruction of a responsible adult, and then only, if said air rifle is actually being used in connection with the activities of said club, team or society under the supervision of a responsible adult; or

(iii) used in or on any private grounds or residence under circumstances when such air rifle can be fired, discharged or operated in such a manner as not to endanger persons or property, and then only, if it is used in such manner as to prevent the projectile from transversing any grounds or space outside the limits of such grounds or residence

(2)            Nothing in this section shall prohibit sales of air rifles:

(i)            By wholesale dealers or jobbers.

(ii)            To be shipped out of this Commonwealth.

(iii) To be used at a target range operated in accordance with paragraph (1) of this subsection or by members of the armed services of the United States or veterans’ organizations.

(d)            Seizure.—Any law enforcement officer may seize, take, remove or cause to be removed, at the expense of the owner, all air rifles used or offered for sale in violation of this section.

(e)            No preemption.—The provisions of any ordinance enacted by any political subdivision which impose greater restrictions or limitations in respect to the sale and purchase, use or possession of air rifles, than is imposed by this section, shall not be invalidated or affected by this section.

(f) Grading —Any dealer violating the provisions of paragraph (a)(1) of this section shall be guilty of a misdemeanor of the third degree Any person violating any other provision of this section shall be guilty of a summary offense.

(g)            Definitions.—As used in this section the following words and phrases shall have the meanings given to them in this subsection:

“Air rifles.” Any air gun, air pistol, spring gun, spring pistol, B-B gun, or any implement that is not a firearm, which impels a pellet of any kind with a force that can reasonably be expected to cause bodily harm.

“Dealer.” Any person engaged in the business of selling at retail or renting any air rifles.

 

Title 18

9122. Expungement.

(a) Specific proceedings.--Criminal history record information shall be expunged in a specific criminal proceeding when:

 

  • no disposition has been received or, upon request for criminal history record information, no disposition has been recorded in the repository within 18 months after the date of arrest and the court of proper jurisdiction certifies to the director of the repository that no disposition is available and no action is pending. Expungement shall not occur until the certification from the court is received and the director of the repository authorizes such expungement; or
  • a court order requires that such nonconviction data be expunged.
  •  

(b) Generally.--Criminal history record information may be expunged when:

 

  • an individual who is the subject of the information reaches 70 years of age and has been free of arrest or prosecution for ten years following final release from confinement or supervision; or
  • an individual who is the subject of the information has been dead for three years.
  •  

(b.1) Prohibition.-A court shall not have the authority to order expungement of the defendant's arrest record where the defendant was placed on Accelerated Rehabilitative Disposition for a violation of any offense set forth in any of the following where the victim is under 18 years of age:

 

  • Section 3121 (relating to rape).
    Section 3122.1 (relating to statutory sexual assault).
    Section 3123 (relating to involuntary deviate sexual intercourse).
    Section 3124.1 (relating to sexual assault)
    Section 3125 (relating to aggravated indecent assault).
    Section 3126 (relating to indecent assault).
    Section 5902(b) (relating to prostitution and related offenses).
    Section 5903 (relating to obscene and other sexual materials and performances).
  •  

(c) Maintenance of certain information required or authorized.--Notwithstanding any other provision of this chapter, the prosecuting attorney and the central repository shall, and the court may, maintain a list of the names and other criminal history record information of persons whose records are required by law or court rule to be expunged where the individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. Such information shall be used solely for the purpose of determining subsequent eligibility for such programs. Criminal history record information may be expunged as provided in subsection (b)(1) and (2). Such information shall be made available to any court or law enforcement agency upon request.

 

(d) Notice of expungement.--Notice of expungement shall promptly be submitted to the central repository which shall notify all criminal justice agencies which have received the criminal history record information to be expunged.

 

(e) Public records.--Public records listed in section 9104(a) (relating to scope) shall not be expunged.

 

(f) District attorney's notice.--The court shall give ten days prior notice to the district attorney of the county where the original charge was filed of any applications for expungement under the provisions of subsection (a)(2).

 

 

 

Pennsylvania Consolidated Statutes

JUDICIARY AND JUDICIAL PROCEDURE (TITLE 42)

PART VIII. CRIMINAL PROCEEDINGS

CHAPTER 97. SENTENCING

Subchapter B. Sentencing Authority

9712. Sentences for offenses committed with firearms.

(a) Mandatory sentence.--Except as provided under section 9716 (relating to two or more mandatory minimum sentences applicable), any person who is convicted in any court of this Commonwealth of a crime of violence as defined in section 9714(g) (relating to sentences for second and subsequent offenses), shall, if the person visibly possessed a firearm or a replica of a firearm, whether or not the firearm or replica was loaded or functional, that placed the victim in reasonable fear of death or serious bodily injury, during the commission of the offense, be sentenced to a minimum sentence of at least five years of total confinement notwithstanding any other provision of this title or other statute to the contrary. Such persons shall not be eligible for parole, probation, work release or furlough.

(b) Proof at sentencing.--Provisions of this section shall not be an element of the crime and notice thereof 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 any evidence presented at trial and shall afford the Commonwealth and the defendant an opportunity to present any necessary additional evidence and shall determine, by a preponderance of the evidence, if this section is applicable.

(c) Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsection (a) or to place such offender 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.

(d) Appeal by Commonwealth.--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.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Firearm."

  • Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or the expansion of gas therein.
  • "Replica of a firearm."
  • An item that can reasonably be perceived to be a firearm.

The complete Pennsylvania Statutes are not yet available on the web. However, selected portions have been made available and can be accessed by CLICKING HERE. These statutes, though available instantaneously over the web, may not be the current law. Court decisions overturning them, later statutes amending them, and a host of other factors come into play when interpreting them. They are provided here as a resource. They should provide some information about the state of the law. However, a competent lawyer, who from other sources will research the law to insure what is current, should always be employed in matters of importance.

Visit/Return to Home Page of Pennsylvania District Court 15-4-04.

 

Sentences For Offenses Committed With Firearms / Judiciary@aol.com / this webpage was last updated September 2000

 

 

 

 

Pennsylvania Consolidated Statutes

JUDICIARY AND JUDICIAL PROCEDURE (TITLE 42)

PART VIII. CRIMINAL PROCEEDINGS

CHAPTER 97. SENTENCING

Subchapter B. Sentencing Authority

9714. Sentences for second and subsequent offenses.

(a) Mandatory sentence.--

  • Any person who is convicted in any court of this Commonwealth of a crime of violence shall, if at the time of the commission of the current offense the person had previously been convicted of a crime of violence and has not rebutted the presumption of high risk dangerous offender as provided in subsection (c), be sentenced to a minimum sentence of at least ten years of total confinement, notwithstanding any other provision of this title or other statute to the contrary. If at the time of the commission of the current offense the person has previously been convicted of a crime of violence and has rebutted the presumption of high risk dangerous offender as provided in subsection (c), the person shall be sentenced to a minimum sentence of at least five years of total confinement, notwithstanding any other provision of this title or other statute to the contrary. Upon a second conviction for a crime of violence, the court shall give the person oral and written notice of the penalties under this section for a third conviction for a crime of violence. Failure to provide such notice shall not render the offender ineligible to be sentenced under paragraph (2).
  • Where the person had at the time of the commission of the current offense previously been convicted of two or more such crimes of violence arising from separate criminal transactions, the person shall be sentenced to a minimum sentence of at least 25 years of total confinement, notwithstanding any other provision of this title or other statute to the contrary. Proof that the offender received notice of or otherwise knew or should have known of the penalties under this paragraph shall not be required. Upon conviction for a third or subsequent crime of violence the court may, if it determines that 25 years of total confinement is insufficient to protect the public safety, sentence the offender to life imprisonment without parole.
  • (a.1) Mandatory maximum.--An offender sentenced to a mandatory minimum sentence under this section shall be sentenced to a maximum sentence equal to twice the mandatory minimum sentence, notwithstanding 18 Pa.C.S. 1103 (relating to sentence of imprisonment for felony) or any other provision of this title or other statute to the contrary.

(b) Presumption of high risk dangerous offender.--For the purposes of subsection (a), an offender shall be presumed to be a high risk dangerous offender and shall be deemed to have prior convictions for crimes of violence if both of the following conditions hold:

  • The offender was previously convicted of a crime of violence. The previous conviction need not be for the same crime as the instant offense for this section to be applicable.
  • The previous conviction occurred within seven years of the date of the commission of the instant offense, except that any time during which the offender was incarcerated in any penitentiary, prison or other place of detention or on probation or parole shall not be considered in computing the relevant seven-year period. Convictions for other offenses arising from the same criminal transaction as the instant offense shall not be considered previous convictions for the purpose of this section. For purposes of this section previous conviction shall include any conviction, whether or not judgment of sentence has been imposed or litigation is pending concerning that conviction.
  • (c) High risk dangerous offender.--
  • In addition to any other provision of this section, a court shall hold a hearing for an offender presumed to be a high risk dangerous offender pursuant to the provisions of subsection (b). The court shall schedule a hearing and receive such evidence from the offender as may be relevant to whether the presumption shall apply. If the offender presents evidence in opposition to the presumption, the attorney for the Commonwealth may present evidence in support of the presumption.
  • In determining whether the offender is a high risk dangerous offender, the court shall consider, but not be limited to, such factors as:
    •                                  i.            Age of the offender.
    •                                ii.            Age of the victim.
    •                               iii.            Use of illegal drugs or alcohol by the offender.
    •                              iv.            Offender's prior criminal record.
    •                                v.            Whether the offense involved multiple victims.
    •                              vi.            Offender's failure to complete a prior sentence.
    •                             vii.            Any mental illness or mental disability of the offender.
    •                           viii.            If the offense included attempted or actual sexual contact with the victim and was part of a demonstrated pattern of abuse.
    •                              ix.            If the offense included a display of unusual cruelty by the offender during the commission of the crime.
    •                                x.            The nature and circumstances of the current offense.
    •                              xi.            The use of a deadly weapon as defined in 18 Pa.C.S. 2301 (relating to definitions) during the commission of the current offense.
    •                             xii.            The impact of the current offense on the victim and the extent of injury caused to the victim as a result of the current offense.
  • In determining whether the offender is a high risk dangerous offender, the court may order a psychiatric or psychological examination of the offender.
  • If the court determines that the offender is a high risk dangerous offender, the court shall state on the sentencing order that the offender has been determined to be a high risk dangerous offender and that the ten-year mandatory minimum sentence under this section shall apply.
  • If the court determines that the offender has rebutted by clear and convincing evidence the presumption that he is a high risk dangerous offender, the court shall state on the sentencing order that the defendant has not been determined to be a high risk dangerous offender and that the ten-year mandatory minimum sentence under this section shall not apply.
  • (d) Proof at sentencing.--Provisions of this section shall not be an element of the crime and notice thereof 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 sentencing court, prior to imposing sentence on an offender under subsection (a), shall have a complete record of the previous convictions of the offender, copies of which shall be furnished to the offender. If the offender or the attorney for the Commonwealth contests the accuracy of the record, the court shall schedule a hearing and direct the offender and the attorney for the Commonwealth to submit evidence regarding the previous convictions of the offender. The court shall then determine, by a preponderance of the evidence, the previous convictions of the offender and, if this section is applicable, shall impose sentence in accordance with this section. Should a previous conviction be vacated and an acquittal or final discharge entered subsequent to imposition of sentence under this section, the offender shall have the right to petition the sentencing court for reconsideration of sentence if this section would not have been applicable except for the conviction which was vacated.

(e) Authority of court in sentencing.--There shall be no authority in any court to impose on an offender to which this section is applicable any lesser sentence than provided for in subsections (a) and (a.1) or to place such offender 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.

(f) Appeal by Commonwealth.--If a sentencing court shall refuse 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 the imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this section.

(g) Definition.--As used in this section, the term "crime of violence" means murder of the third degree, voluntary manslaughter, aggravated assault as defined in 18 Pa.C.S. ᄃ 2702(a)(1) or (2) (relating to aggravated assault), rape, involuntary deviate sexual intercourse, arson as defined in 18 Pa.C.S. ᄃ 3301(a) (relating to arson and related offenses), kidnapping, burglary of a structure adapted for overnight accommodation in which at the time of the offense any person is present, robbery as defined in 18 Pa.C.S. 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or robbery of a motor vehicle, or criminal attempt, criminal conspiracy or criminal solicitation to commit murder or any of the offenses listed above, or an equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense or an equivalent crime in another jurisdiction.

 

The complete Pennsylvania Statutes are not yet available on the web. However, selected portions have been made available and can be accessed by CLICKING HERE. These statutes, though available instantaneously over the web, may not be the current law. Court decisions overturning them, later statutes amending them, and a host of other factors come into play when interpreting them. They are provided here as a resource. They should provide some information about the state of the law. However, a competent lawyer, who from other sources will research the law to insure what is current, should always be employed in matters of importance.

Visit/Return to Home Page of Pennsylvania District Court 15-4-04.

 

Sentences For Second And Subsequent Offenses / Judiciary@aol.com / this webpage was last updated September 2000

 

 

  • STATEMENTS OF POLICY
  • Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
  • DEPARTMENT OF STATE
  • [49 PA. CODE CH. 61]
  • Policies and Procedures Relating to Use of Buildings Outside of the Capitol Complex
  • [28 Pa.B. 382]
  •    The Department of State (Department) adopts the following statement of policy announcing policies and procedures relating to the maintenance of order and security within the offices and public areas of the bureaus of the Department located outside of the Capitol Complex.
  •    Department offices are located within the Capitol Complex in the North Office Building and in leased facilities in Harrisburg. The offices of the Department including, but not limited to, the Bureau of Professional and Occupational Affairs, the State Athletic Commission, the Bureau of Enforcement and Investigation and the Bureau of Charitable Organizations, are in leased premises at 116 and 124 Pine Street, Harrisburg. With regard to Department offices located in the Capitol Complex, the recent policy statement of the Department of General Services published at 26 Pa.B. 4906 (October 12, 1996) applies (Codified at 4 Pa. Code Chapter 86). The purpose of this statement of policy is to implement a policy and procedure, consistent with the Department's lease of those premises in a manner to best perform the statutory duties of the Department and its bureaus, administrative boards and commissions.
  •    This statement of policy is not intended to circumscribe any administrative discretion given to the Department under any law or rule or regulation.
  •    This statement of policy is effective upon publication in the Pennsylvania Bulletin.
  • YVETTE KANE,   
    Secretary of the Commonwealth
  •    Fiscal Note:  16-12. No fiscal impact; (8) recommends adoption.
  • Annex A
  • TITLE 49.  PROFESSIONAL AND VOCATIONAL STANDARDS
  • PART I.  DEPARTMENT OF STATE
  • Subpart C.  SECRETARY OF THE COMMONWEALTH
  • CHAPTER 61.  USE OF PUBLIC AREAS OUTSIDE THE CAPITOL COMPLEX--STATEMENT OF POLICY
  • Sec.

    61.1.

    Additional jurisdiction over properties.

    61.2.

    Office hours.

    61.3.

    Firearms and weapons.

  •  61.1.  Additional jurisdiction over properties.
  •    The public areas of 116 and 124 Pine Street, Harrisburg, under the jurisdiction of the Department of State and subject to this chapter, include the interior offices of the Department of State, Bureau of Professional and Occupational Affairs, Bureau of Charitable Organizations, Bureau of Enforcement and Investigation, State Athletic Commission and leased offices and facilities related thereto.
  •  61.2.  Office hours.
  •    Offices are open to the public for licensing and related business from the hours of 8 a.m. to 5 p.m., excluding Saturdays, Sundays and State holidays. Hours in which the offices will be open to the public will be posted. The facilities may be closed during any of these periods upon a determination that an emergency or threat endangering the public health, safety and welfare exists.
  •  61.3.  Firearms and weapons.
  •    The possession of firearms or other prohibited offensive weapons as defined in 18 Pa.C.S.  908(c) (relating to prohibited offense weapons), while on the leased premises of the Department with the exception of State or Federal officers, in connection with the performance of an official duty, is prohibited. This prohibition does not apply to attorneys listed as counsel of record in connection with the offering of an exhibit in any administrative proceeding, if the counsel of record who intends to offer the item as an exhibit, has obtained written authorization from a hearing examiner to do so.
  • [Pa.B. Doc. No. 98-126. Filed for public inspection January 23, 1998, 9:00 a.m.]

  • No part of the information on this site may be reproduced for profit or sold for profit.
  • This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
  • 75 PA 7727. Additional limitations on operation. 
    Statute text

Except as otherwise permitted under Title 34 (relating to game), no person
shall: 
(1) Operate or ride in any snowmobile or ATV with any bow and arrows or with
any firearm in his possession unless it is unstrung or unloaded. 
(2) Drive or pursue any game or wildlife with a snowmobile or an ATV.

 

Last Update July 2009