proposed laws

PA Bill Number: SB192

Title: In Pennsylvania Game Commission, further providing for powers and duties of commission and for accountability; and, in hunting and furtaking ...

Description: In Pennsylvania Game Commission, further providing for powers and duties of commission and for accountability; and, in hunting and furtaking ... ...

Last Action: Third consideration and final passage (47-2)

Last Action Date: Mar 27, 2017

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upcoming events

FOAC Monthly Meeting - April - 2017 - 04/9/2017
South Fayette Township Municipal Bldg. 515 Millers Run Road, Morgan, PA


Concealed Carry Seminar - 51st House District - Rep. Matt Dowling - 04/22/2017
Farmington VFD 119 Elliotsville Rd., Farmington, PA 15437


Satellite License To Carry Event - Allegheny County Sheriff's Office - 04/29/2017
Monroeville Municipal Bldg. 2700 Monroeville Rd., Monroeville, PA

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Pennsylvania Consitution

Download PA Laws Relating to Firearms Booklet

Pennsylvania Constitution Article I, Section 21

The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.

TITLE 1 - GENERAL PROVISIONS

Click on the section headers to expose the section text.

Part V - Statutory Construction

CHAPTER 19 - Rules of Construction

Subchapter F - Definitions Of Words And Phrases

§1991 - Definitions

The following words and phrases, when used in any statute finally enacted on or after September 1, 1937, unless the context clearly indicates otherwise, shall have the meanings given to them in this section:

  1. "Action." Any suit or proceeding in any court of this Commonwealth.
  2. "Administrator." A fiduciary appointed under authority of law by a register of wills or court to administer the estate of a decedent.
  3. "Adult." An individual 21 years of age or over.
  4. "Aeronautics." The art and science of transportation by aircraft including the facilities connected therewith.
  5. "Affidavit." A statement in writing of a fact or facts signed by the party making it, sworn to or affirmed before an officer authorized by the laws of this Commonwealth to take acknowledgments of deeds, or authorized to administer oaths, or before the particular officer or individual designated by law as the one before whom it is to or may be taken, and officially certified to in the case of an officer under his seal of office.
  6. "Aircraft." Any contrivance used or designated for navigation of, or flight in, or to ascent into, the air, except a parachute or other contrivance designed and used primarily as safety equipment.
  7. "Airman." Any member of a crew of an aircraft.
  8. "Airport." Any place, either water or land, which is designed and used for the taking off and landing of aircraft including the facilities connected therewith.
  9. "Almshouse." The county home, poorhouse, home for the destitute, or any other building or place, by whatever title designated where poor persons are maintained at the public expense.
  10. "Apiary." Any place where one or more colonies or nuclei of bees are kept.
  11. "As now provided by law." A reference to the laws in force at the time when the statute containing the phrase was finally enacted.
  12. "As provided by law." A reference to the laws in force at the particular time when the statute containing the phrase is applied.
  13. "Association."
    1. When used in any statute finally enacted before December 7, 1994, any form of unincorporated enterprise owned by two or more persons other than a partnership or limited partnership.
    2. When used in any statute finally enacted on or after December 7, 1994, an association as defined in 15 Pa.C.S. §102 (relating to definitions).
  14. "Attorney at law." An individual admitted to practice law by a court of record of this Commonwealth.
  15. "Attorney of record." An attorney at law who is entered on the docket or record of a court as appearing for or representing a party in a legal proceeding.
  16. "Bequeath." Includes devise.
  17. "Bequest." Includes devise and legacy.
  18. "Bond."
    1. An unconditional written undertaking under seal for the payment of money, or
    2. a conditional written acknowledgment of being bound for the payment of money, to become void or effective on the performance of any act or the occurrence of any event therein expressed.
  19. "Bridge." Includes the actual bridge and the approaches thereto, and the substructures and superstructures of both.
  20. "Bulletin." When used in any statute finally enacted on or after July 31, 1968, the Pennsylvania Bulletin established by the Commonwealth Documents Law.
  21. "Certified public accountant." An individual licensed under the laws of this Commonwealth to practice as a certified public accountant.
  22. "Child" or "children." Includes children by birth or adoption.
  23. "Commission merchant." One who receives consignments of personal property to be sold for a commission or other compensation.
  24. "Commonwealth." The Commonwealth of Pennsylvania.
  25. "Convict." An individual who has been finally convicted of an indictable offense and is serving sentence in a penal institution.
  26. "Creditor." One to whom the performance of an obligation is owed.
  27. "Crime." Any indictable offense.
  28. "Crosswalk." That portion of a highway at an intersection, or any portion of a highway, clearly indicated for pedestrian crossing by lines or other markings on the surface.
  29. "Day." The time from midnight to the next midnight.
  30. "Debtor." One who owes to another the performance of an obligation.
  31. "Decedent." Either a testator or person dying intestate.
  32. "Dental hygienist." An individual licensed under the laws of this Commonwealth to practice as a dental hygienist.
  33. "Dentist." An individual licensed under the laws of this Commonwealth to practice dentistry.
  34. "Devise." Includes bequeath when used as a verb and bequest and legacy when used as a noun.
  35. "Devisee." Includes legatee.
  36. "Doctor of medicine." An individual licensed under the laws of this Commonwealth to engage in the practice of medicine and surgery in all its branches.
  37. "Domestic animal." Any equine animal, bovine animal, sheep, goat and pig.
  38. "Effects." Includes all personal property and any interest therein.
  39. "Executor." A fiduciary named in a will to execute its provisions and administer the estate of the testator.
  40. "Factor." One who receives consignments of personal property to be sold for a commission or other compensation.
  41. "Farm product." Any agricultural, horticultural, vegetable, fruit, and floricultural product of the soil, livestock and meats, wool, hides, poultry, eggs, dairy products, nuts, mushrooms and honey.
  42. "Fiduciary." An executor, administrator, guardian, committee, receiver, trustee, assignee for the benefit of creditors, and any other person acting in any similar capacity.
  43. "Final enactment" or "enacted finally." The time when the procedure required by the Constitution of Pennsylvania for the enactment of a bill has been complied with.
  44. "Fiscal year." The year by or for which accounts are reckoned.
  45. "Funeral director." An individual licensed under the laws of this Commonwealth as a funeral director.
  46. "General election." The election held biennially on the Tuesday next following the first Monday of November in each even-numbered year.
  47. "Grantee." One to whom any estate or interest in real property other than a leasehold passes by conveyance.
  48. "Grantor." One from or by whom any estate or interest in real property other than a leasehold passes by conveyance.
  49. "Guardian." A fiduciary who legally has the care and management of the person, or the estate, or both, of another under legal disability.
  50. "Guardian ad litem." A fiduciary who is appointed to represent in legal proceedings another under legal disability.
  51. "Healing art." The science of diagnosis and treatment in any manner whatsoever of disease or any ailment of the human body.
  52. "Hereafter." A reference to the time after the time when the statute containing such word takes effect.
  53. "Heretofore." A reference to the time previous to the time when the statute containing such word takes effect.
  54. "Highway." A way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular traffic.
  55. "Individual." A natural person.
  56. "Insane person." An individual of unsound mind.
  57. "Intersection." The area embraced within the prolongation of the lateral boundary lines of two or more highways which join one another at an angle whether or not one such highway crosses the other.
  58. "Issue." As applied to the descent of estates, means all lawful, lineal descendants of a common ancestor.
  59. "Judicial sale." A sale conducted by an officer or person authorized for the purpose by some competent tribunal.
  60. "Legacy." Includes devise and bequest.
  61. "Legatee." Includes devisee.
  62. "Legislature." The General Assembly of the Commonwealth of Pennsylvania.
  63. "Licensed practical nurse." An individual licensed under the laws of this Commonwealth to practice practical nursing.
  64. "Local authority." When used in any statute finally enacted on or after January 1, 1975, a municipal authority or any other body corporate and politic created by one or more political subdivisions pursuant to statute.
  65. "Lunatic." An individual of unsound mind.
  66. "Majority." When used in reference to age, means of the age of 21 years or over.
  67. "Medicine and surgery." The art and science having for their object the cure of diseases of and the preservation of the health of man, including all practice of the healing art with or without drugs, except healing by spiritual means or prayer.
  68. "Midwife." An individual licensed under the laws of this Commonwealth to practice midwifery.
  69. "Minor." An individual under the age of 21 years.
  70. "Money." Lawful money of the United States.
  71. "Month." A calendar month.
  72. "Motor boat." Any boat propelled by any type of internal combustion motor.
  73. "Motorcycle." Any vehicle of the bicycle or tricycle type operated by any type of internal combustion motor.
  74. "Motor vehicle." Any self-propelled device in, upon or by which any person or property is or may be transported or drawn upon a public highway, except tractors, power shovels, road machinery, agricultural machinery, and vehicles which move upon or are guided by a track or trolley.
  75. "Municipality authority" or "municipal authority." A body corporate and politic created pursuant to the Municipality Authorities Act of 1935 or to the Municipality Authorities Act of 1945.
  76. "Municipal corporation."
    1. When used in any statute finally enacted on or before December 31, 1974, a city, borough or incorporated town.
    2. When used in any statute finally enacted on or after January 1, 1975, a city, borough, incorporated town or township.
  77. "Municipal election." The election held on the Tuesday next following the first Monday in November in each odd-numbered year.
  78. "Municipality."
    1. When used in any statute finally enacted on or before December 31, 1974, a city, borough or incorporated town.
    2. When used in any statute finally enacted on or after January 1, 1975, a county, city, borough, incorporated town or township.
  79. "Nighttime." The time from sunset to sunrise.
  80. "Non compos mentis." Of unsound mind.
  81. "Notary." A notary public.
  82. "Now." In any provision of a statute referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision.
  83. "Oath." Includes affirmation.
  84. "Optometrist." An individual licensed under the laws of this Commonwealth to practice optometry.
  85. "Osteopath." A physician licensed under the laws of this Commonwealth to practice osteopathy.
  86. "Osteopathic surgeon." A physician licensed under the laws of this Commonwealth to practice osteopathy and osteopathic surgery.
  87. "Parking." Suffering a vehicle to stand on any highway while not actually engaged in a traffic movement nor in taking up or setting down passengers or merchandise.
  88. "Pedestrian." An individual afoot.
  89. "Person." Includes a corporation, partnership, limited liability company, business trust, other association, government entity (other than the Commonwealth), estate, trust, foundation or natural person.
  90. "Personal representative." The executor or administrator of a decedent.
  91. "Pharmacist." An individual licensed under the laws of this Commonwealth to practice as a pharmacist.
  92. "Physician."
    1. When used in any statute finally enacted on or before April 6, 1951, an individual licensed under the laws of this Commonwealth to engage in the practice of medicine and surgery in any or all of its branches;
    2. when used in any statute finally enacted on or after April 7, 1951 and on or before June 14, 1957, an individual licensed under the laws of this Commonwealth to engage in the practice of medicine and surgery in any or in all of its branches within the scope of the act of June 3, 1911 (P.L.639, No.246) relating to medicine and surgery and its amendments, or in the practice of osteopathy or osteopathic surgery within the scope of the act of March 19, 1909 (P.L.46, No.29) and its amendments;
    3. when used in any statute finally enacted on or after June 15, 1957 and on or before July 19, 1974, an individual licensed under the laws of this Commonwealth to engage in the practice of medicine and surgery in all of its branches within the scope of the act of June 3, 1911 (P.L.639, No.246) relating to medicine and surgery and its amendments, or in the practice of osteopathy or osteopathic surgery within the scope of the act of March 19, 1909 (P.L.46, No.29) and its amendments;
    4. when used in any statute finally enacted on or after July 20, 1974 and on or before October 7, 1978, an individual licensed under the laws of this Commonwealth to engage in the practice of medicine and surgery in all its branches within the scope of the act of July 20, 1974 (P.L.551, No.190), known as the Medical Practice Act of 1974, and its amendments, or in the practice of osteopathy or osteopathic surgery within the scope of the prior provisions of the act of March 19, 1909 (P.L.46, No.29), referred to as the Osteopathic Practice Law, and its amendments; and
    5. when used in any statute finally enacted on or after October 5, 1978, an individual licensed under the laws of this Commonwealth to engage in the practice of medicine and surgery in all its branches within the scope of the act of July 20, 1974 (P.L.551, No.190), known as the Medical Practice Act of 1974, and its amendments, or in the practice of osteopathic medicine and surgery within the scope of the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act, and its amendments. To the extent that any statute imposes duties upon or grants powers to the State Board of Medical Education and Licensure relating to an individual licensed under the laws of this Commonwealth to engage in the practice of osteopathic medicine and surgery, such statute shall be construed to impose such duties upon and grant such power to the State Board of Osteopathic Medical Examiners, which board shall exercise such duties or powers in accordance with the Osteopathic Medical Practice Act.
  93. "Political subdivision." Any county, city, borough, incorporated town, township, school district, vocational school district and county institution district.
  94. "Poultry." Includes all domestic fowl.
  95. "Primary election." Any election at which the members of qualified political parties nominate their candidates for public office.
  96. "Professional engineer." An individual licensed under the laws of this Commonwealth to practice as a professional engineer.
  97. "Property." Includes both real and personal property.
  98. "Publish" or "published." As applied to the publication of a newspaper of general circulation means the place where such newspaper is originally issued and circulated.
  99. "Real estate broker." One licensed under the laws of this Commonwealth to act as a real estate broker.
  100. "Real estate salesman." An individual licensed under the laws of this Commonwealth to act as a real estate salesman.
  101. "Registered architect." An individual licensed under the laws of this Commonwealth to practice architecture.
  102. "Registered mail." When used in any statute finally enacted before or after September 1, 1937, includes certified mail.
  103. "Registered nurse." An individual licensed under the laws of this Commonwealth to practice professional nursing.
  104. "Safety zone." The area or space officially set aside within a highway for the use of pedestrians.
  105. "Signature." Includes mark when the individual cannot write, his name being written near it, and witnessed by another who writes his own name.
  106. "Special election." Any election authorized by law, other than a general, municipal or primary election.
  107. "State." When used in reference to the different parts of the United States, includes the District of Columbia and the several territories of the United States.
  108. "Statute." An act of the General Assembly, whether under the authority of the Commonwealth or of the late Proprietaries of the Province of Pennsylvania.
  109. "Surveyor." An individual licensed under the laws of this Commonwealth to practice land surveying.
  110. "Sworn." Includes affirmed.
  111. "Trustee." One in whom some estate, interest or power in or affecting property of any description is vested for the benefit of another.
  112. "Undertaker." An individual licensed under the laws of this Commonwealth to practice as an undertaker, undertaker and embalmer, embalmer, funeral director or mortician.
  113. "Vehicle." A conveyance in or on which persons or property may be carried.
  114. "Verified." When used in reference to writings, means supported by oath or affirmation.
  115. "Veterinarian." An individual licensed under the laws of this Commonwealth to practice veterinary medicine and surgery.
  116. "Will." Includes codicil.
  117. "Written." Every legible representation of letters or numerals upon a material substance, except when used in reference to the signature of an instrument.
  118. "Year." A calendar year.

(Dec. 10, 1974, P.L.816, No.271, eff. imd.; July 9, 1976, P.L.877, No.160, eff. 60 days; Dec. 18, 1984, P.L.1057, No.207, eff. imd.; Dec. 18, 1992, P.L.1333, No.169, eff. 60 days; Dec. 7, 1994, P.L.703, No.106, eff. 60 days)

1994 Amendment. Act 106 amended the defs. of "association" and "person."

1992 Amendment. Act 169 amended the intro. par. and the def. of "person."

1984 Amendment. Act 207 amended the def. of "physician," retroactive to June 11, 1982.

1976 Amendment. Act 160 added the def. of "registered mail."

1974 Amendment. Act 271 added the def. of "local authority" and amended the defs. of "municipal corporation" and "municipality."

References in Text. The act of July 20, 1974 (P.L.551, No.190), known as the Medical Practice Act of 1974, referred to in the definition of "physician," was repealed by the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985.

Cross References. Section 1991 is referred to in section 6109 of Title 18 (Crimes and Offenses); section 5902 of Title 20 (Decedents, Estates and Fiduciaries); section 102 of Title 34 (Game); section 8401 of Title 53 (Municipalities Generally).

TITLE 18 - CRIMES AND OFFENSES

Part I - Preliminary Provisions

CHAPTER 5 - General Principles of Justification

§501 - Definitions
  1. Subject to additional definitions contained in subsequent provisions of this chapter which are applicable to specific provisions of this chapter, the following words and phrases, when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
    1. "Believes" or "belief." Means "reasonably believes" or "reasonable belief."
    2. "Correctional institution." Any penal institution, penitentiary, State farm, reformatory, prison, jail, house of correction, or other institution for the incarceration or custody of persons under sentence for offenses or awaiting trial or sentence for offenses.
    3. "Corrections officer." A full-time employee assigned to the Department of Corrections whose principal duty is the care, custody and control of inmates of a penal or correctional institution operated by the Department of Corrections.
    4. "Deadly force." Force which, under the circumstances in which it is used, is readily capable of causing death or serious bodily injury.
    5. "Dwelling." Any building or structure, including any attached porch, deck or patio, though movable or temporary, or a portion thereof, which is for the time being the home or place of lodging of the actor.
    6. "Peace officer." Any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or any person on active State duty pursuant to 51 Pa.C.S. §508 (relating to active duty for emergency). The term "peace officer" shall also include any member of any park police department of any county of the third class.
    7. "Residence." A dwelling in which a person resides, either temporarily or permanently, or visits as an invited guest.
    8. "Unlawful force." Force, including confinement, which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense (such as the absence of intent, negligence, or mental capacity; duress; youth; or diplomatic status) not amounting to a privilege to use the force. Assent constitutes consent, within the meaning of this section, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily injury.
    9. "Vehicle." A conveyance of any kind, whether or not motorized, that is designed to transport people or property.

(July 6, 1984, P.L.647, No.134, eff. 90 days; July 17, 2007, P.L.139, No.41, eff. 60 days; June 28, 2011, P.L.48, No.10, eff. 60 days)

2011 Amendment. See the preamble to Act 10 in the appendix to this title for special provisions relating to legislative findings.

Cross References. Section 501 is referred to in sections 2507, 2702.1 of this title; section 9719.1 of Title 42 (Judiciary and Judicial Procedure).

§502 - Justification a defense

In any prosecution based on conduct which is justifiable under this chapter, justification is a defense.

§503 - Justification generally
  1. General rule.-- Conduct which the actor believes to be necessary to avoid a harm or evil to himself or to another is justifiable if:
    1. the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged;
    2. neither this title nor other law defining the offense provides exceptions or defenses dealing with the specific situation involved; and
    3. a legislative purpose to exclude the justification claimed does not otherwise plainly appear.
  2. Choice of evils.-- When the actor was reckless or negligent in bringing about the situation requiring a choice of harms or evils or in appraising the necessity for his conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish culpability.
§504 - Execution of public duty
  1. General rule.-- Except as provided in subsection (b) of this section, conduct is justifiable when it is required or authorized by any law of the following:
    1. The law defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties.
    2. The law governing the execution of legal process.
    3. The judgment or order of a competent court or tribunal.
    4. The law governing the armed services or the lawful conduct of war.
    5. Any other provision of law imposing a public duty.
  2. Exceptions.-- The other sections of this chapter apply to:
    1. The use of force upon or toward the person of another for any of the purposes dealt with in such sections.
    2. The use of deadly force for any purpose, unless the use of such force is otherwise expressly authorized by law or occurs in the lawful conduct of war.
  3. Requisite state of mind.-- The justification afforded by subsection (a) of this section applies:
    1. when the actor believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; and
    2. when the actor believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority.
§505 - Use of Force in Self-Protection
  1. Use of force justifiable for protection of the person.-- The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.
  2. Limitations on justifying necessity for use of force.--
    1. The use of force is not justifiable under this section:
      1. to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful; or
      2. to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:
        1. the actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest;
        2. the actor has been unlawfully dispossessed of the property and is making a reentry or recaption justified by section 507 of this title (relating to use of force for the protection of property); or
        3. the actor believes that such force is necessary to protect himself against death or serious bodily injury.
    2. The use of deadly force is not justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat; nor is it justifiable if:
      1. the actor, with the intent of causing death or serious bodily injury, provoked the use of force against himself in the same encounter; or
      2. the actor knows that he can avoid the necessity of using such force with complete safety by retreating, except the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be.
      2.1. Except as otherwise provided in paragraph (2.2), an actor is presumed to have a reasonable belief that deadly force is immediately necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat if both of the following conditions exist:
      1. The person against whom the force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered and is present within, a dwelling, residence or occupied vehicle; or the person against whom the force is used is or is attempting to unlawfully and forcefully remove another against that other's will from the dwelling, residence or occupied vehicle.
      2. The actor knows or has reason to believe that the unlawful and forceful entry or act is occurring or has occurred.
      2.2. The presumption set forth in paragraph (2.1) does not apply if:
      1. the person against whom the force is used has the right to be in or is a lawful resident of the dwelling, residence or vehicle, such as an owner or lessee;
      2. the person sought to be removed is a child or grandchild or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the protective force is used;
      3. the actor is engaged in a criminal activity or is using the dwelling, residence or occupied vehicle to further a criminal activity; or
      4. the person against whom the force is used is a peace officer acting in the performance of his official duties and the actor using force knew or reasonably should have known that the person was a peace officer.
      2.3. An actor who is not engaged in a criminal activity, who is not in illegal possession of a firearm and who is attacked in any place where the actor would have a duty to retreat under paragraph (2)(ii) has no duty to retreat and has the right to stand his ground and use force, including deadly force, if:
      1. the actor has a right to be in the place where he was attacked;
      2. the actor believes it is immediately necessary to do so to protect himself against death, serious bodily injury, kidnapping or sexual intercourse by force or threat; and
      3. the person against whom the force is used displays or otherwise uses:
        1. a firearm or replica of a firearm as defined in 42 Pa.C.S. §9712 (relating to sentences for offenses committed with firearms); or
        2. any other weapon readily or apparently capable of lethal use.
      2.4. The exception to the duty to retreat set forth under paragraph (2.3) does not apply if the person against whom the force is used is a peace officer acting in the performance of his official duties and the actor using force knew or reasonably should have known that the person was a peace officer.

      2.5. Unless one of the exceptions under paragraph (2.2) applies, a person who unlawfully and by force enters or attempts to enter an actor's dwelling, residence or occupied vehicle or removes or attempts to remove another against that other's will from the actor's dwelling, residence or occupied vehicle is presumed to be doing so with the intent to commit:

      1. an act resulting in death or serious bodily injury; or
      2. kidnapping or sexual intercourse by force or threat.
      2.6. A public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.
    3. Except as otherwise required by this subsection, a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do or abstaining from any lawful action.

      Use of confinement as protective force. -- The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined has been arrested on a charge of crime.

  3. Definition.-- As used in this section, the term "criminal activity" means conduct which is a misdemeanor or felony, is not justifiable under this chapter and is related to the confrontation between an actor and the person against whom force is used.

(June 28, 2011, P.L.48, No.10, eff. 60 days)

2011 Amendment. Act 10 amended subsec. (b) and added subsec. (d). See the preamble to Act 10 in the appendix to this title for special provisions relating to legislative findings.

Cross References. Section 505 is referred to in section 506 of this title; section 8340.2 of Title 42 (Judiciary and Judicial Procedure).

§506 - Use of Force for the Protection of Other Persons
  1. General rule. -- The use of force upon or toward the person of another is justifiable to protect a third person when:
    1. the actor would be justified under section 505 (relating to use of force in self-protection) in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect;
    2. under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in using such protective force; and
    3. the actor believes that his intervention is necessary for the protection of such other person.
  2. Exceptions.-- Notwithstanding subsection (a), the actor is not obliged to retreat to any greater extent than the person whom he seeks to protect.

(June 28, 2011, P.L.48, No.10, eff. 60 days)

2011 Amendment. See the preamble to Act 10 in the appendix to this title for special provisions relating to legislative findings.

Cross References. Section 506 is referred to in section 8340.2 of Title 42 (Judiciary and Judicial Procedure).

§507 - Use of Force for the Protection of Property
  1. Use of force justifiable for protection of property. -- The use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary:
    1. to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible movable property, if such land or movable property is, or is believed by the actor to be, in his possession or in the possession of another person for whose protection he acts; or
    2. to effect an entry or reentry upon land or to retake tangible movable property, if:
      1. the actor believes that he or the person by whose authority he acts or a person from whom he or such other person derives title was unlawfully dispossessed of such land or movable property and is entitled to possession; and
      2. --
        1. the force is used immediately or on fresh pursuit after such dispossession; or
        2. the actor believes that the person against whom he uses force has no claim of right to the possession of the property and, in the case of land, the circumstances, as the actor believes them to be, are of such urgency that it would be an exceptional hardship to postpone the entry or reentry until a court order is obtained.
  2. Meaning of possession. -- For the purpose of subsection (a) of this section:
    1. A person who has parted with the custody of property to another who refuses to restore it to him is no longer in possession, unless the property is movable and was and still is located on land in his possession.
    2. A person who has been dispossessed of land does not regain possession thereof merely by setting foot thereon.
    3. A person who has a license to use or occupy real property is deemed to be in possession thereof except against the licensor acting under claim of right.
  3. Limitations on justifiable use of force. --
    1. The use of force is justifiable under this section only if the actor first requests the person against whom such force is used to desist from his interference with the property, unless the actor believes that:
      1. such request would be useless;
      2. it would be dangerous to himself or another person to make the request; or
      3. substantial harm will be done to the physical condition of the property which is sought to be protected before the request can effectively be made.
    2. The use of force to prevent or terminate a trespass is not justifiable under this section if the actor knows that the exclusion of the trespasser will expose him to substantial danger of serious bodily injury.
    3. The use of force to prevent an entry or reentry upon land or the recaption of movable property is not justifiable under this section, although the actor believes that such reentry or caption is unlawful, if:
      1. the reentry or recaption is made by or on behalf of a person who was actually dispossessed of the property; and
      2. it is otherwise justifiable under subsection (a)(2).
    4. --
      1. The use of deadly force is justifiable under this section if:
        1. there has been an entry into the actor's dwelling;
        2. the actor neither believes nor has reason to believe that the entry is lawful; and
        3. the actor neither believes nor has reason to believe that force less than deadly force would be adequate to terminate the entry.
      2. If the conditions of justification provided in subparagraph (i) have not been met, the use of deadly force is not justifiable under this section unless the actor believes that:
        1. the person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or
        2. such force is necessary to prevent the commission of a felony in the dwelling.
  4. Use of confinement as protective force. -- The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he can do so with safety to the property, unless the person confined has been arrested on a charge of crime.
  5. Use of device to protect property. -- The justification afforded by this section extends to the use of a device for the purpose of protecting property only if:
    1. the device is not designed to cause or known to create a substantial risk of causing death or serious bodily injury;
    2. the use of the particular device to protect the property from entry or trespass is reasonable under the circumstances, as the actor believes them to be; and
    3. the device is one customarily used for such a purpose or reasonable care is taken to make known to probable intruders the fact that it is used.
  6. Use of force to pass wrongful obstructor. -- The use of force to pass a person whom the actor believes to be intentionally or knowingly and unjustifiably obstructing the actor from going to a place to which he may lawfully go is justifiable, if:
    1. the actor believes that the person against whom he uses force has no claim of right to obstruct the actor;
    2. the actor is not being obstructed from entry or movement on land which he knows to be in the possession or custody of the person obstructing him, or in the possession or custody of another person by whose authority the obstructor acts, unless the circumstances, as the actor believes them to be, are of such urgency that it would not be reasonable to postpone the entry or movement on such land until a court order is obtained; and
    3. the force used is not greater than it would be justifiable if the person obstructing the actor were using force against him to prevent his passage.

1980 Amendment. Act 235 amended subsec. (c).

Cross References. Section 507 is referred to in section 505 of this title; section 8340.2 of Title 42 (Judiciary and Judicial Procedure).

§508 - Use of force in law enforcement
  1. Peace officer's use of force in making arrest.--
    1. A peace officer, or any person whom he has summoned or directed to assist him, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. He is justified in the use of any force which he believes to be necessary to effect the arrest and of any force which he believes to be necessary to defend himself or another from bodily harm while making the arrest. However, he is justified in using deadly force only when he believes that such force is necessary to prevent death or serious bodily injury to himself or such other person, or when he believes both that:
      1. such force is necessary to prevent the arrest from being defeated by resistance or escape; and
      2. the person to be arrested has committed or attempted a forcible felony or is attempting to escape and possesses a deadly weapon, or otherwise indicates that he will endanger human life or inflict serious bodily injury unless arrested without delay.
    2. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which he would be justified in using if the warrant were valid, unless he knows that the warrant is invalid.
  2. Private person's use of force in making arrest.--
    1. A private person who makes, or assists another private person in making a lawful arrest is justified in the use of any force which he would be justified in using if he were summoned or directed by a peace officer to make such arrest, except that he is justified in the use of deadly force only when he believes that such force is necessary to prevent death or serious bodily injury to himself or another.
    2. A private person who is summoned or directed by a peace officer to assist in making an arrest which is unlawful, is justified in the use of any force which he would be justified in using if the arrest were lawful, unless he knows that the arrest is unlawful.
    3. A private person who assists another private person in effecting an unlawful arrest, or who, not being summoned, assists a peace officer in effecting an unlawful arrest, is justified in using any force which he would be justified in using if the arrest were lawful, if:
      1. he believes the arrest is lawful; and
      2. the arrest would be lawful if the facts were as he believes them to be.
  3. Use of force regarding escape.--
    1. A peace officer, corrections officer or other person who has an arrested or convicted person in his custody is justified in the use of such force to prevent the escape of the person from custody as the officer or other person would be justified in using under subsection (a) if the officer or other person were arresting the person.
    2. A peace officer or corrections officer is justified in the use of such force, including deadly force, which the officer believes to be necessary to prevent the escape from a correctional institution of a person whom the officer believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense.
    3. A corrections officer is justified in the use of such force, which the officer believes to be necessary to defend himself or another from bodily harm during the pursuit of the escaped person. However, the officer is justified in using deadly force only when the officer believes that such force is necessary to prevent death or serious bodily injury to himself or another or when the officer believes that:
      1. such force is necessary to prevent the apprehension from being defeated by resistance; and
      2. the escaped person has been convicted of committing or attempting to commit a forcible felony, possesses a deadly weapon or otherwise indicates that he will endanger human life or inflict serious bodily injury unless apprehended without delay.
  4. Use of force to prevent suicide or the commission of crime.--
    1. The use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary to prevent such other person from committing suicide, inflicting serious bodily injury upon himself, committing or consummating the commission of a crime involving or threatening bodily injury, damage to or loss of property or a breach of the peace, except that:
      1. Any limitations imposed by the other provisions of this chapter on the justifiable use of force in self-protection, for the protection of others, the protection of property, the effectuation of an arrest or the prevention of an escape from custody shall apply notwithstanding the criminality of the conduct against which such force is used.
      2. The use of deadly force is not in any event justifiable under this subsection unless:
        1. the actor believes that there is a substantial risk that the person whom he seeks to prevent from committing a crime will cause death or serious bodily injury to another unless the commission or the consummation of the crime is prevented and that the use of such force presents no substantial risk of injury to innocent persons; or
        2. the actor believes that the use of such force is necessary to suppress a riot or mutiny after the rioters or mutineers have been ordered to disperse and warned, in any particular manner that the law may require, that such force will be used if they do not obey.
    2. The justification afforded by this subsection extends to the use of confinement as preventive force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined has been arrested on a charge of crime.

(July 17, 2007, P.L.139, No.41, eff. 60 days)

2007 Amendment. Act 41 amended subsec. (c).

Cross References. Section 508 is referred to in section 8340.2 of Title 42 (Judiciary and Judicial Procedure).

§509 - Use of force by persons with special responsibility for care, discipline or safety of others
  1. The use of force upon or toward the person of another is justifiable if:
    1. The actor is the parent or guardian or other person similarly responsible for the general care and supervision of a minor or a person acting at the request of such parent, guardian or other responsible person and:
      1. the force is used for the purpose of safeguarding or promoting the welfare of the minor, including the preventing or punishment of his misconduct; and
      2. the force used is not designed to cause or known to create a substantial risk of causing death, serious bodily injury, disfigurement, extreme pain or mental distress or gross degradation.
    2. The actor is a teacher or person otherwise entrusted with the care or supervision for a special purpose of a minor and:
      1. the actor believes that the force used is necessary to further such special purpose, including the maintenance of reasonable discipline in a school, class or other group, and that the use of such force is consistent with the welfare of the minor; and
      2. the degree of force, if it had been used by the parent or guardian of the minor, would not be unjustifiable under paragraph (1)(ii).
    3. The actor is the guardian or other person similarly responsible for the general care and supervision of an incapacitated, mentally ill or mentally retarded person; and:
      1. the force is used for the purpose of safeguarding or promoting the welfare of the incapacitated, mentally ill or mentally retarded person, including the prevention of his misconduct, and there is no reasonable alternative to the use of such force; and
      2. the force used is not designed to cause or known to create a substantial risk of causing death, bodily injury, disfigurement, unnecessary pain, mental distress, or humiliation.
    4. The actor is a doctor or other therapist or a person assisting him at his direction; and:
      1. the force is used for the purpose of administering a recognized form of treatment not prohibited by law of this Commonwealth which the actor believes to be adapted to promoting the physical or mental health of the patient; and
      2. the treatment is administered with the consent of the patient, or, if the patient is a minor or an incapacitated person with the consent of his parent or guardian or other person legally competent to consent in his behalf, or the treatment is administered in an emergency when the actor believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
    5. The actor is a warden or other authorized official of a correctional institution; and:
      1. he believes that the force used is necessary for the purpose of enforcing the lawful rules or procedures of the institution, unless his belief in the lawfulness of the rule or procedure sought to be enforced is erroneous and his error is due to ignorance or mistake as to the provisions of this title, any other provision of the criminal law or the law governing the administration of the institution;
      2. the nature or degree of force used is not forbidden by law; and
      3. if deadly force is used, its use is otherwise justifiable under this chapter.
    6. The actor is a person responsible for the safety of a vessel or an aircraft or a person acting at his direction; and:
      1. he believes that the force used is necessary to prevent interference with the operation of the vessel or aircraft or obstruction of the execution of a lawful order, unless his belief in the lawfulness of the order is erroneous and his error is due to ignorance or mistake as to the law defining his authority; and
      2. if deadly force is used, its use is otherwise justifiable under this chapter.
    7. The actor is a person who is authorized or required by law to maintain order or decorum in a vehicle, train or other carrier or in a place where others are assembled; and:
      1. he believes that the force used is necessary for such purpose; and
      2. the force used is not designed to cause death, or known to create a substantial risk of causing death, bodily injury, or extreme mental distress.

(Oct. 21, 1988, P.L.1000, No.115, eff. imd.; Apr. 16, 1992, P.L.108, No.24, eff. 60 days)

Cross References. Section 509 is referred to in section 8340.2 of Title 42 (Judiciary and Judicial Procedure).

§510 - Justification in property crimes
  1. Conduct involving the appropriation, seizure or destruction of, damage to, intrusion on or interference with property is justifiable under circumstances which would establish a defense of privilege in a civil action based thereon, unless:
    1. this title or the law defining the offense deals with the specific situation involved; or
    2. a legislative purpose to exclude the justification claimed otherwise plainly appears.

CHAPTER 9 - Inchoate Crimes

§907 - Possessing instruments of crime
  1. Criminal instruments generally.-A person commits a misdemeanor of the first degree if he possesses any instrument of crime with intent to employ it criminally.
  2. Possession of weapon.-A person commits a misdemeanor of the first degree if he possesses a firearm or other weapon concealed upon his person with intent to employ it criminally.
  3. Unlawful body armor.-A person commits a felony of the third degree if in the course of the commission of a felony, or in the attempt to commit a felony, he uses or wears body armor or has in his control, custody or possession any body armor.
  4. Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
  5. "Body armor." Any protective covering for the body, or parts thereof, made of any polyaramid fiber or any resin-treated glass fiber cloth or any material, or combination of materials, made or designed to prevent, resist, deflect or deter the penetration thereof by ammunition, knife, cutting or piercing instrument, or any other weapon.
  6. "Instrument of crime." Any of the following:
    1. Anything specially made or specially adapted for criminal use.
    2. Anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.
  7. "Weapon." Anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have. The term includes a firearm which is not loaded or lacks a clip or other component to render it immediately operable, and components which can readily be assembled into a weapon.

(July 6, 1995, P.L.238, No.27, eff. 60 days; July 11, 1996, P.L.552, No.98, eff. 60 days)

1996 Amendment. Act 98 overlooked the amendment by Act 27 of 1995, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 907.

Cross References. Section 907 is referred to in section 912 of this title; section 6102 of Title 23 (Domestic Relations).

§908 - Prohibited offensive weapons
  1. Offense defined. - A person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.
  2. Exceptions.
    1. It is a defense under this section for the defendant to prove by a preponderance of evidence that he possessed or dealt with the weapon solely as a curio or in a dramatic performance, or that, with the exception of a bomb, grenade or incendiary device, he complied with the National Firearms Act (26 U.S.C. §5801 et seq.), or that he possessed it briefly in consequence of having found it or taken it from an aggressor, or under circumstances similarly negativing any intent or likelihood that the weapon would be used unlawfully.
    2. This section does not apply to police forensic firearms experts or police forensic firearms laboratories. Also exempt from this section are forensic firearms experts or forensic firearms laboratories operating in the ordinary course of business and engaged in lawful operation who notify in writing, on an annual basis, the chief or head of any police force or police department of a city, and, elsewhere, the sheriff of a county in which they are located, of the possession, type and use of offensive weapons.
    3. This section shall not apply to any person who makes, repairs, sells or otherwise deals in, uses or possesses any firearm for purposes not prohibited by the laws of this Commonwealth.
  3. Definitions. - As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
    1. "Firearm." Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive, or the frame or receiver of any such weapon.
    2. "Offensive weapons" Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.
  4. Exemptions. - The use and possession of blackjacks by the following persons in the course of their duties are exempt from this section:
    1. Police officers, as defined by and who meet the requirements of the act of June 18, 1974 (PL. 359, No. 120), referred to as the Municipal Police Education and Training Law.
    2. Police officers of first class cities who have successfully completed training which is substantially equivalent to the program under the Municipal Police Education and Training Law.
    3. Pennsylvania State Police officers.
    4. Sheriffs and deputy sheriffs of the various counties who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
    5. Police officers employed by the Commonwealth who have satisfactorily met the requirements of the Municipal Police Education and Training Law.
    6. Deputy sheriffs with adequate training as determined by the Pennsylvania Commission on Crime and Delinquency.
    7. Liquor Control Board agents who have satisfactorily met the requirements of the Municipal Police Education and Training Law.

(Dec. 20, 1983, P.L.291, No.78, eff. imd.; July 6, 1984, P.L.647, No.134, eff. 90 days; July 11, 1985, P.L.235, No.58, eff. 60 days; Oct. 4, 1994, P.L.571, No.84, eff. 60 days; Nov. 6, 2002, P.L.1096, No.132, eff. 60 days)

2002 Amendment. Act 132 amended subsec. (c).

References in Text. The act of June 18, 1974 (P.L.359, No.120), referred to as the Municipal Police Education and Training Law, referred to in the def. of "police officer," was repealed by the act of December 19, 1996, P.L.1158, No.177. The subject matter is now contained in Subchapter D of Chapter 23 of Title 53 (Municipalities Generally).

Cross References. Section 908 is referred to in section 6105 of this title; section 3304 of Title 5 (Athletics and Sports).

§908.1 - Use or possession of electric or electronic incapacitation device
  1. Offense defined.-Except as set forth in subsection (b), a person commits an offense if the person does any of the following:
    1. Uses an electric or electronic incapacitation device on another person for an unlawful purpose.
    2. Possesses, with intent to violate paragraph (1), an electric or electronic incapacitation device.
  2. Self defense.-A person may possess and use an electric or electronic incapacitation device in the exercise of reasonable force in defense of the person or the person's property, pursuant to Chapter 5 (relating to general principles of justification), if the electric or electronic incapacitation device is labeled with or accompanied by clearly written instructions as to its use and the damages involved in its use.
  3. Prohibited possession.-No person prohibited from possessing a firearm pursuant to section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) may possess or use an electric or electronic incapacitation device.
  4. Grading.-An offense under subsection (a) shall constitute a felony of the second degree if the actor acted with the intent to commit a felony. Otherwise any offense under this section is graded as a misdemeanor of the first degree.
  5. Exceptions.-Nothing in this section shall prohibit the possession or use by, or the sale or furnishing of any electric or electronic incapacitation device to, a law enforcement agency, peace officer, employee of a correctional institution, county jail or prison, or detention center, the National Guard or reserves or a member of the National Guard or reserves for use in their official duties.
  6. Definition.-As used in this section, the term "electric or electronic incapacitation device" means a portable device which is designed or intended by the manufacturer to be used, offensively or defensively, to temporarily immobilize or incapacitate persons by means of electric pulse or current, including devices operating by means of carbon dioxide propellant. The term does not include cattle prods, electric fences or other electric devices when used in agricultural, animal husbandry or food production activities.

(Nov. 6, 2002, P.L.1096, No.132, eff. 60 days)

2002 Amendment. Act 132 added section 908.1.

§912 - Possession of Weapon on School Property
  1. Definition.-- Notwithstanding the definition of "weapon" in section 907 (relating to possessing instruments of crime), "weapon" for purposes of this section shall include but not be limited to any knife, cutting instrument, cutting tool, nun-chuck stick, firearm, shotgun, rifle and any other tool, instrument or implement capable of inflicting serious bodily injury.
  2. Offense defined.-- A person commits a misdemeanor of the first degree if he possesses a weapon in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school.
  3. Defense-- It shall be a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose.

(Added by L.1980, Act 167(1), eff. 12/15/80.)

1980 Amendment. Act 167 added section 912.

Cross References. Section 912 is referred to in section 6105 of this title.

§913 - (2014) Possession of Firearm or Other Dangerous Weapon in Court Facility
  1. Offense defined.-- A person commits an offense if he:
    1. knowingly possesses a firearm or other dangerous weapon in a court facility or knowingly causes a firearm or other dangerous weapon to be present in a court facility; or
    2. knowingly possesses a firearm or other dangerous weapon in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime or knowingly causes a firearm or other dangerous weapon to be present in a court facility with the intent that the firearm or other dangerous weapon be used in the commission of a crime.
  2. Grading.--
    1. Except as otherwise provided in paragraph (3), an offense under subsection (a)(1) is a misdemeanor of the third degree.
    2. An offense under subsection (a)(2) is a misdemeanor of the first degree.
    3. An offense under subsection (a)(1) is a summary offense if the person was carrying a firearm under section 6106(b) (relating to firearms not to be carried without a license) or 6109 (relating to licenses) and failed to check the firearm under subsection (e) prior to entering the court facility.
  3. Exceptions.-- Subsection (a) shall not apply to:
    1. The lawful performance of official duties by an officer, agent or employee of the United States, the Commonwealth or a political subdivision who is authorized by law to engage in or supervise the prevention, detection, investigation or prosecution of any violation of law.
    2. The lawful performance of official duties by a court official.
    3. The carrying of rifles and shotguns by instructors and participants in a course of instruction provided by the Pennsylvania Game Commission under 34 Pa.C.S. §2704 (relating to eligibility for license).
    4. Associations of veteran soldiers and their auxiliaries or members of organized armed forces of the United States or the Commonwealth, including reserve components, when engaged in the performance of ceremonial duties with county approval.
    5. The carrying of a dangerous weapon or firearm unloaded and in a secure wrapper by an attorney who seeks to employ the dangerous weapon or firearm as an exhibit or as a demonstration and who possesses written authorization from the court to bring the dangerous weapon or firearm into the court facility.
  4. Posting of notice.-- Notice of the provisions of subsections (a) and (e) shall be posted conspicuously at each public entrance to each courthouse or other building containing a court facility and each court facility, and no person shall be convicted of an offense under subsection (a)(1) with respect to a court facility if the notice was not so posted at each public entrance to the courthouse or other building containing a court facility and at the court facility unless the person had actual notice of the provisions of subsection (a).
  5. Facilities for checking firearms or other dangerous weapons.-- Each county shall make available at or within the building containing a court facility by July 1, 2002, lockers or similar facilities at no charge or cost for the temporary checking of firearms by persons carrying firearms under section 6106(b) or 6109 or for the checking of other dangerous weapons that are not otherwise prohibited by law. Any individual checking a firearm, dangerous weapon or an item deemed to be a dangerous weapon at a court facility must be issued a receipt. Notice of the location of the facility shall be posted as required under subsection (d).
  6. Definitions.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
    1. "Court facility." The courtroom of a court of record; a courtroom of a community court; the courtroom of a magisterial district judge; a courtroom of the Philadelphia Municipal Court; a courtroom of the Pittsburgh Magistrates Court; a courtroom of the Traffic Court of Philadelphia; judge's chambers; witness rooms; jury deliberation rooms; attorney conference rooms; prisoner holding cells; offices of court clerks, the district attorney, the sheriff and probation and parole officers; and any adjoining corridors.
    2. "Dangerous weapon." A bomb, any explosive or incendiary device or material when possessed with intent to use or to provide such material to commit any offense, graded as a misdemeanor of the third degree or higher, grenade, blackjack, sandbag, metal knuckles, dagger, knife (the blade of which is exposed in an automatic way by switch, push-button, spring mechanism or otherwise) or other implement for the infliction of serious bodily injury which serves no common lawful purpose.
    3. "Firearm." Any weapon, including a starter gun, which will or is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas. The term does not include any device designed or used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.; Dec. 15, 1999, P.L.915, No.59, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Feb. 25, 2014, P.L.1024. No.16, eff. 60 days)

2004 Amendment. Act 207 amended the def. of "court facility" in subsec. (f). See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
1999 Amendment. Act 59 amended subsec. (e).
1995 Amendments. Act 17, 1st Sp.Sess., added section 913 and Act 66 amended subsecs. (c) and (e). See the preamble to Act 17, 1st Sp.Sess., in the appendix to this title for special provisions relating to legislative purpose.

Part II - Definition Of Specific Offenses

ARTICLE B - OFFENSES INVOLVING DANGER TO THE PERSON

CHAPTER 27 - Assault

§2707.1 - Discharge of a firearm into an occupied structure
  1. Offense defined.--A person commits an offense if he knowingly, intentionally or recklessly discharges a firearm from any location into an occupied structure.
  2. Grading.--An offense under this section shall be a felony of the third degree.
  3. Defense.--It is a defense to prosecution under this section that:
    1. the person discharging the firearm was a law enforcement officer engaged in the performance of his official law enforcement duties; or
    2. the person discharging the firearm was engaged in a hunting activity; and
      1. the discharge of the firearm took place from a location where the hunting activity is lawful; and
      2. the passage of the projectile from the firearm into the occupied structure was not intentional, knowing or reckless.
  4. Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
    1. "Firearm." 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.
    2. "Occupied structure." Any structure, vehicle or place adapted for overnight accommodation of persons or for carrying on business therein, whether or not a person is actually present.

(Dec. 20, 2000, P.L.831, No.116, eff. 60 days)

2000 Amendment. Act 116 added section 2707.1.

CHAPTER 55 - Riot, Disorderly Conduct and Related Offenses

§5515 - Prohibiting of Paramilitary Training
  1. Definitions.-- As used in this section the following words and phrases shall have the meanings given to them in this subsection:
    1. "Civil disorder." Any public disturbance involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual.
    2. "Explosive or incendiary device." Includes:
      1. dynamite and all other forms of high explosives;
      2. any explosive bomb, grenade, missile or similar device; and
      3. any incendiary bomb or grenade, fire bomb or similar device, including any device which:
        1. consists of or includes a breakable container including a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound; and
        2. can be carried or thrown by one individual acting alone.
    3. "Firearm." 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.
    4. "Law enforcement officer." Any officer or employee of the United States, any state, any political subdivision of a state or the District of Columbia and such term shall specifically include, but shall not be limited to, members of the National Guard, as defined in 10 U.S.C. §101(9), members of the organized militia of any state or territory of the United States, the Commonwealth of Puerto Rico or the District of Columbia, not included within the definition of National Guard as defined by 10 U.S.C. §101(9) and members of the armed forces of the United States.
  2. Prohibited training.--
    1. Whoever teaches or demonstrates to any other person the use, application or making of any firearm, explosive or incendiary device or technique capable of causing injury or death to persons, knowing or having reason to know or intending that same will be unlawfully employed for use in, or in furtherance of, a civil disorder commits a misdemeanor of the first degree.
    2. Whoever assembles with one or more persons for the purpose of training with, practicing with or being instructed in the use of any firearm, explosive or incendiary device or technique capable of causing injury or death to persons, said person intending to employ unlawfully the same for use in or in furtherance of a civil disorder commits a misdemeanor of the first degree.
  3. Exemptions.-- Nothing contained in this section shall make unlawful any act of any law enforcement officer which is performed in the lawful performance of his official duties.
  4. Excluded activities.-- Nothing contained in this section shall make unlawful any activity of the Game Commission, Fish and Boat Commission, or any law enforcement agency, or any hunting club, rifle club, rifle range, pistol range, shooting range or other program or individual instruction intended to teach the safe handling or use of firearms, archery equipment or other weapons or techniques employed in connection with lawful sports or other lawful activities.

(June 11, 1982, P.L.476, No.138, eff. 180 days; Mar. 19, 1992, P.L.18, No.7, eff. imd.)

1992 Amendment. Act 7 amended subsec. (d).
1982 Amendment. Act 138 added section 5515.

Cross References. Section 5515 is referred to in sections 4906, 6105, 6120 of this title.

CHAPTER 61 - Firearms and Other Dangerous Articles

Subchapter A - Uniform Firearms Act

§6101 - Short title of subchapter

This subchapter shall be known and may be cited as the Pennsylvania Uniform Firearms Act of 1995.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)

§6102 - Definitions
  1. Subject to additional definitions contained in subsequent provisions of this subchapter which are applicable to specific provisions of this subchapter, the following words and phrases, when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
    1. "Commissioner." The Commissioner of the Pennsylvania State Police.
    2. "Commonwealth Photo Imaging Network." The computer network administered by the Commonwealth and used to record and store digital photographs of an individual's face and any scars, marks, tattoos or other unique features of the individual.
    3. "Conviction." A conviction, a finding of guilty or the entering of a plea of guilty or nolo contendere, whether or not judgment of sentence has been imposed, as determined by the law of the jurisdiction in which the prosecution was held. The term does not include a conviction which has been expunged or overturned or for which an individual has been pardoned unless the pardon expressly provides that the individual may not possess or transport firearms.
    4. "County treasurer." The county treasurer or, in home rule or optional plan counties, the person whose duties encompass those of a county treasurer.
    5. "Crime punishable by imprisonment exceeding one year."
    6. The term does not include any of the following:
      1. Federal or State offenses pertaining to antitrust, unfair trade practices, restraints on trade or regulation of business.
      2. State offenses classified as misdemeanors and punishable by a term of imprisonment not to exceed two years.
    7. "Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.
    8. "Fund." The Firearm Ownership Fund established in section 6111.3 (relating to Firearm Ownership Fund).
    9. "Law enforcement officer." Any person employed by any police department or organization of the Commonwealth or political subdivision thereof who is empowered to effect an arrest with or without warrant and who is authorized to carry a firearm in the performance of that person's duties.
    10. "Loaded."A firearm is loaded if the firing chamber, the nondetachable magazine or, in the case of a revolver, any of the chambers of the cylinder contain ammunition capable of being fired. In the case of a firearm which utilizes a detachable magazine, the term shall mean a magazine suitable for use in said firearm which magazine contains such ammunition and has been inserted in the firearm or is in the same container or, where the container has multiple compartments, the same compartment thereof as the firearm. If the magazine is inserted into a pouch, holder, holster or other protective device that provides for a complete and secure enclosure of the ammunition, then the pouch, holder, holster or other protective device shall be deemed to be a separate compartment.
    11. "Pennsylvania Sheriffs' Association." The State association of sheriffs authorized by the act of June 14, 1923 (P.L. 774, No. 305), [FN1] entitled "An act authorizing the sheriffs of the several counties of this Commonwealth to organize themselves into a State Association, for the purpose of holding annual meetings, to secure more uniformity and cooperation in the conduct of their offices, and providing for the payment of certain expenses in connection with such meetings by the various counties."
    12. "Safekeeping permit." As defined in 23 Pa.C.S. §6102 (relating to definitions).
    13. "Sheriff."
      1. Except as provided in paragraph (2), the sheriff of the county.
      2. In a city of the first class, the chief or head of the police department.
    14. "State." When used in reference to different parts of the United States, includes the District of Columbia, the Commonwealth of Puerto Rico and territories and possessions of the United States.

2011 Amendment. Act 10 amended the def. of "loaded." See the preamble to Act 10 in the appendix to this title for special provisions relating to legislative findings.
2005 Amendment. Act 66 added the defs. of "Commonwealth Photo Imaging Network," "Pennsylvania Sheriffs' Association," "safekeeping permit" and "state."
1995 Amendment. Act 66 added the defs. of "law enforcement officer" and "loaded."

Cross References. Section 6102 is referred to in sections 6105.1, 6106.1, 6111, 6111.1, 6113, 6121, 6141.1, 6142 of this title.

§6103 - Crimes Committed with Firearms

If any person commits or attempts to commit a crime enumerated in section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) when armed with a firearm contrary to the provisions of this subchapter, that person may, in addition to the punishment provided for the crime, also be punished as provided by this subchapter.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)

§6104 - Evidence of Intent

In the trial of a person for committing or attempting to commit a crime enumerated in section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms), the fact that that person was armed with a firearm, used or attempted to be used, and had no license to carry the same, shall be evidence of that person's intention to commit the offense.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)

§6105 - Persons Not to Possess, Use, Manufacture, Control, Sell or Transfer Firearms
  1. Offense defined.--
    1. A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.
    2. --
      1. A person who is prohibited from possessing, using, controlling, selling, transferring or manufacturing a firearm under paragraph (1) or subsection (b) or (c) shall have a reasonable period of time, not to exceed 60 days from the date of the imposition of the disability under this subsection, in which to sell or transfer that person's firearms to another eligible person who is not a member of the prohibited person's household.
      2. This paragraph shall not apply to any person whose disability is imposed pursuant to subsection (c)(6).
  1. 1. Penalty.--
    1. A person convicted of a felony enumerated under subsection (b) or a felony under the act of April 14, 1972 (P.L. 233, No. 64), [FN1] known as The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent Federal statute or equivalent statute of any other state, who violates subsection (a) commits a felony of the second degree.
    2. A person who is the subject of an active protection from abuse order issued pursuant to 23 Pa.C.S. §6108 (relating to relief), which order provided for the relinquishment of firearms, other weapons or ammunition during the period of time the order is in effect, commits a misdemeanor of the first degree if he intentionally or knowingly fails to relinquish a firearm, other weapon or ammunition to the sheriff as required by the order unless, in lieu of relinquishment, he provides an affidavit which lists the firearms, other weapons or ammunition to the sheriff in accordance with either 23 Pa.C.S. §6108(a)(7)(i)(B), 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or 6108.3 (relating to relinquishment to third party for safekeeping).
    3. --
      1. A person commits a misdemeanor of the third degree if he intentionally or knowingly accepts possession of a firearm, other weapon or ammunition from a person he knows is the subject of an active protection from abuse order issued pursuant to 23 Pa.C.S. §6108, which order provided for the relinquishment of the firearm, other weapon or ammunition during the period of time the order is in effect.
      2. This paragraph shall not apply to:
        1. a third party who accepts possession of a firearm, other weapon or ammunition relinquished pursuant to 23 Pa.C.S. §6108.3; or
        2. a dealer licensed pursuant to section 6113 (relating to licensing of dealers) or subsequent purchaser from a dealer licensed pursuant to section 6113, who accepts possession of a firearm, other weapon or ammunition relinquished pursuant to 23 Pa.C.S. §6108.2.
    4. It shall be an affirmative defense to any prosecution under paragraph (3) that the person accepting possession of a firearm, other weapon or ammunition in violation of paragraph (3):
      1. notified the sheriff as soon as practicable that he has taken possession; and
      2. relinquished possession of any firearm, other weapon or ammunition possessed in violation of paragraph (3) as directed by the sheriff.
    5. A person who has accepted possession of a firearm, other weapon or ammunition pursuant to 23 Pa.C.S. §6108.3 commits a misdemeanor of the first degree if he intentionally or knowingly returns a firearm, other weapon or ammunition to a defendant or intentionally or knowingly allows a defendant to have access to the firearm, other weapon or ammunition prior to either of the following:
      1. The sheriff accepts return of the safekeeping permit issued to the party pursuant to 23 Pa.C.S. §6108.3(d)(1)(i).
      2. The issuance of a court order pursuant to subsection (f)(2) or 23 Pa.C.S. §6108.1(b) (relating to return of relinquished firearms, other weapons and ammunition and additional relief) which modifies a valid protection from abuse order issued pursuant to 23 Pa.C.S. §6108, which order provided for the relinquishment of the firearm, other weapon or ammunition by allowing the defendant to take possession of the firearm, other weapon or ammunition that had previously been ordered relinquished.
  2. Enumerated offenses.-- The following offenses shall apply to subsection (a):
    1. Section 908 (relating to prohibited offensive weapons).
    2. Section 911 (relating to corrupt organizations).
    3. Section 912 (relating to possession of weapon on school property).
    4. Section 2502 (relating to murder).
    5. Section 2503 (relating to voluntary manslaughter).
    6. Section 2504 (relating to involuntary manslaughter) if the offense is based on the reckless use of a firearm.
    7. Section 2702 (relating to aggravated assault).
    8. Section 2703 (relating to assault by prisoner).
    9. Section 2704 (relating to assault by life prisoner).
    10. Section 2709.1 (relating to stalking).
    11. Section 2716 (relating to weapons of mass destruction).
    12. Section 2901 (relating to kidnapping).
    13. Section 2902 (relating to unlawful restraint).
    14. Section 2910 (relating to luring a child into a motor vehicle or structure).
    15. Section 3121 (relating to rape).
    16. Section 3123 (relating to involuntary deviate sexual intercourse).
    17. Section 3125 (relating to aggravated indecent assault).
    18. Section 3301 (relating to arson and related offenses).
    19. Section 3302 (relating to causing or risking catastrophe).
    20. Section 3502 (relating to burglary).
    21. Section 3503 (relating to criminal trespass) if the offense is graded a felony of the second degree or higher.
    22. Section 3701 (relating to robbery).
    23. Section 3702 (relating to robbery of motor vehicle).
    24. Section 3921 (relating to theft by unlawful taking or disposition) upon conviction of the second felony offense.
    25. Section 3923 (relating to theft by extortion) when the offense is accompanied by threats of violence.
    26. Section 3925 (relating to receiving stolen property) upon conviction of the second felony offense.
    27. Section 4906 (relating to false reports to law enforcement authorities) if the fictitious report involved the theft of a firearm as provided in section 4906(c)(2).
    28. Section 4912 (relating to impersonating a public servant) if the person is impersonating a law enforcement officer.
    29. Section 4952 (relating to intimidation of witnesses or victims).
    30. Section 4953 (relating to retaliation against witness , victim or party).
    31. Section 5121 (relating to escape).
    32. Section 5122 (relating to weapons or implements for escape).
    33. Section 5501(3) (relating to riot).
    34. Section 5515 (relating to prohibiting of paramilitary training).
    35. Section 5516 (relating to facsimile weapons of mass destruction).
    36. Section 6110.1 (relating to possession of firearm by minor).
    37. Section 6301 (relating to corruption of minors).
    38. Section 6302 (relating to sale or lease of weapons and explosives).
    39. Any offense equivalent to any of the above-enumerated offenses under the prior laws of this Commonwealth or any offense equivalent to any of the above-enumerated offenses under the statutes of any other state or of the United States.
  3. "Other persons".-- In addition to any person who has been convicted of any offense listed under subsection (b), the following persons shall be subject to the prohibition of subsection (a):
    1. A person who is a fugitive from justice. This paragraph does not apply to an individual whose fugitive status is based upon a nonmoving or moving summary offense under Title 75 (relating to vehicles).
    2. A person who has been convicted of an offense under the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent Federal statute or equivalent statute of any other state, that may be punishable by a term of imprisonment exceeding two years.
    3. A person who has been convicted of driving under the influence of alcohol or controlled substance as provided in 75 Pa.C.S. §3802 (relating to driving under influence of alcohol or controlled substance) or the former 75 Pa.C.S. §3731, on three or more separate occasions within a five-year period. For the purposes of this paragraph only, the prohibition of subsection (a) shall only apply to transfers or purchases of firearms after the third conviction
    4. A person who has been adjudicated as an incompetent or who has been involuntarily committed to a mental institution for inpatient care and treatment under section 302, 303 or 304 of the provisions of the act of July 9, 1976 (P.L. 817, No. 143), [FN2] known as the Mental Health Procedures Act. This paragraph shall not apply to any proceeding under section 302 of the Mental Health Procedures Act unless the examining physician has issued a certification that inpatient care was necessary or that the person was committable.
    5. A person who, being an alien, is illegally or unlawfully in the United States.
    6. A person who is the subject of an active protection from abuse order issued pursuant to 23
      1. Pa.C.S. §6108, which order provided for the relinquishment of firearms during the period of time the order is in effect. This prohibition shall terminate upon the expiration or vacation of an active protection from abuse order or portion thereof relating to the relinquishment of firearms.
    7. A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. §6341 (relating to adjudication) or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense under sections 2502, 2503, 2702, 2703 (relating to assault by prisoner), 2704, 2901, 3121, 3123, 3301, 3502, 3701 and 3923.
    8. A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. §6341 or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense enumerated in subsection (b) with the exception of those crimes set forth in paragraph (7). This prohibition shall terminate 15 years after the last applicable delinquent adjudication or upon the person reaching the age of 30, whichever is earlier.
    9. A person who is prohibited from possessing or acquiring a firearm under 18 U.S.C. §922(g)(9) (relating to unlawful acts). If the offense which resulted in the prohibition under 18 U.S.C. §922(g)(9) was committed, as provided in 18 U.S.C. §921(a)(33)(A)(ii) (relating to definitions), by a person in any of the following relationships:
      1. the current or former spouse, parent or guardian of the victim;
      2. a person with whom the victim shares a child in common;
      3. a person who cohabits with or has cohabited with the victim as a spouse, parent or guardian; or
      4. a person similarly situated to a spouse, parent or guardian of the victim; then the relationship need not be an element of the offense to meet the requirements of this paragraph.
  4. "Exemption".-- A person who has been convicted of a crime specified in subsection (a) or (b) or a person whose conduct meets the criteria in subsection (c)(1), (2), (5), (7) or (9) may make application to the court of common pleas of the county where the principal residence of the applicant is situated for relief from the disability imposed by this section upon the possession, transfer or control of a firearm. The court shall grant such relief if it determines that any of the following apply:
    1. The conviction has been vacated under circumstances where all appeals have been exhausted or where the right to appeal has expired.
    2. The conviction has been the subject of a full pardon by the Governor.
    3. Each of the following conditions is met:
      1. The Secretary of the Treasury of the United States has relieved the applicant of an applicable disability imposed by Federal law upon the possession, ownership or control of a firearm as a result of the applicant's prior conviction, except that the court may waive this condition if the court determines that the Congress of the United States has not appropriated sufficient funds to enable the Secretary of the Treasury to grant relief to applicants eligible for the relief.
      2. A period of ten years, not including any time spent in incarceration, has elapsed since the most recent conviction of the applicant of a crime enumerated in subsection (b), a felony violation of The Controlled Substance, Drug, Device and Cosmetic Act or the offense which resulted in the prohibition under 18 U.S.C. §922(g)(9).
  5. "Proceedings".--
    1. If a person convicted of an offense under subsection (a),(b) or (c) (1), (2), (5), (7) or (9) makes application to the court, a hearing shall be held in open court to determine whether the requirements of this section have been met. The commissioner and the district attorney of the county where the application is filed and any victim or survivor of a victim of the offense upon which the disability is based may be parties to the proceeding.
    2. Upon application to the court of common pleas pursuant to paragraph (1) by an applicant who is subject to the prohibition under subsection (c)(3), the court shall grant such relief if a period of ten years, not including any time spent in incarceration, has passed since the applicant's most recent conviction under subsection (c)(3).
  6. "Other exemptions and proceedings".--
    1. Upon application to the court of common pleas under this subsection by an applicant subject to the prohibitions under subsection (c)(4), the court may grant such relief as it deems appropriate if the court determines that the applicant may possess a firearm without risk to the applicant or any other person.
    2. If application is made under this subsection for relief from the disability imposed under subsection (c)(6), notice of such application shall be given to the person who had petitioned for the protection from abuse order, and such person shall be a party to the proceedings. Notice of any court order or amendment to a court order restoring firearms possession or control shall be given to the person who had petitioned for the protection from abuse order, to the sheriff and to the Pennsylvania State Police. The application and any proceedings on the application shall comply with 23 Pa.C.S. Ch. 61 (relating to protection from abuse).
    3. All hearings conducted under this subsection shall be closed unless otherwise requested to be open by the applicant.
    4. --
      1. The owner of any seized or confiscated firearms or of any firearms ordered relinquished under 23 Pa.C.S. §6108 shall be provided with a signed and dated written receipt by the appropriate law enforcement agency. This receipt shall include, but not limited to, a detailed identifying description indicating the serial number and condition of the firearm. In addition, the appropriate law enforcement agency shall be liable to the lawful owner of said confiscated, seized or relinquished firearm for any loss, damage or substantial decrease in value of said firearm that is a direct result of a lack of reasonable care by the appropriate law enforcement agency.
      2. Firearms shall not be engraved or permanently marked in any manner, including, but not limited to, engraving of evidence or other identification numbers. Unless reasonable suspicion exists to believe that a particular firearm has been used in the commission of a crime, no firearm shall be test fired. Any reduction in the value of a firearm due to test firing, engraving or permanently marking in violation of this paragraph shall be considered damage, and the law enforcement agency shall be liable to the lawful owner of the firearm for the reduction in value caused by the test firing, engraving or permanently marking.
      3. For purposes of this paragraph, the term "firearm" shall include any scope, sight, bipod, sling, light, magazine, clip, ammunition or other firearm accessory attached to or seized, confiscated or relinquished with a firearm.
  7. "Other restrictions".-- Nothing in this section shall exempt a person from a disability in relation to the possession or control of a firearm which is imposed as a condition of probation or parole or which is imposed pursuant to the provision of any law other than this section.
  8. "License prohibition".-- Any person who is prohibited from possessing, using, controlling, selling, purchasing, transferring or manufacturing any firearm under this section shall not be eligible for or permitted to obtain a license to carry a firearm under section 6109 (relating to licenses).
  9. "Firearm".-- As used in this section only, the term "firearm" shall include any weapons which are designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
  10. "Copy of order to State Police".-- If the court grants relief from the disabilities imposed under this section, a copy of the order shall be sent by the prothonotary within ten days of the entry of the order to the Pennsylvania State Police and shall include the name, date of birth and Social Security number of the individual.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.; Apr. 22, 1997, P.L.73, No.5, eff. 60 days; June 18, 1998, P.L.503, No.70, eff. imd.; Dec. 3, 1998, P.L.933, No.121, eff. imd.; Dec. 15, 1999, P.L.915, No.59, eff. 60 days; June 28, 2002, P.L.481, No.82, eff. 60 days; Dec. 9, 2002, P.L.1759, No.218, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Nov. 10, 2005, P.L.335, No.66, eff. 180 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)

2008 Amendment. Act 131 amended subsec. (b).
2005 Amendment. Act 66 amended subsecs. (a), (a.1), (c)(6), (d), (e)(1) and (f)(2) and (4) and added subsec. (c)(9).
2003 Amendment. Act 24 amended subsec. (c)(3).
1999 Amendment. Act 59 amended subsec. (c)(2) and added subsec. (a.1).
1998 Amendments. Act 70 amended subsec. (c)(4) and added subsec. (j) and Act 121 amended subsec. (c)(1).
1997 Amendment. Act 5 amended subsec. (f).
1995 Amendment. Act 66 amended subsecs. (a), (b), (c), (d) and (f).

Cross References. Section 6105 is referred to in sections 908.1, 6103, 6104, 6105.1, 6109, 6110.2, 6111, 6111.1, 6115, 6117, 6118, 6123, 6301 of this title; sections 6102, 6108, 6108.3, 6119 of Title 23 (Domestic Relations); section 6308 of Title 42 (Judiciary and Judicial Procedure).

§6105.1 - Restoration of firearm rights for offenses under prior laws of this Commonwealth
  1. Restoration.-- A person convicted of a disabling offense may make application to the court of common pleas in the county where the principal residence of the applicant is situated for restoration of firearms rights. The court shall grant restoration of firearms rights after a hearing in open court to determine whether the requirements of this section have been met unless:
    1. the applicant has been convicted of any other offense specified in section 6105(a) or (b) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) or the applicant's conduct meets the criteria in section 6105(c)(1), (2), (3), (4), (5), (6) or (7);
    2. the applicant has been convicted of any other crime punishable by imprisonment exceeding one year as defined in section 6102 (relating to definitions); or
    3. the applicant's character and reputation is such that the applicant would be likely to act in a manner dangerous to public safety.
  2. Notice and standing.--
    1. Notice of an application for restoration of firearms rights shall be provided to the Pennsylvania State Police, the district attorney of the county where the disabling offense occurred and the district attorney of the county where the application is filed. The district attorney of the county where the application is filed, the district attorney of the county where the disabling offense occurred and the Pennsylvania State Police may, at their option, be parties to the proceeding.
    2. Notwithstanding paragraph (1), the standing of the Pennsylvania State Police as a party to a proceeding under this section shall be limited to determinations of whether the offense meets the definition of the phrase "disabling offense" or whether the provisions of subsection (a)(1) and (2) have been satisfied.
  3. Copy of order to Pennsylvania State Police.-- If the court grants restoration of firearms rights to an applicant, a copy of the order shall be sent by the prothonotary within ten days of the entry of the order to the district attorneys and the Pennsylvania State Police, Firearms Division, and shall include the name, date of birth and Social Security number of the applicant.
  4. Expungement and pardon.-- A restoration of firearms rights under this section shall not result in the expungement of any criminal history record information nor will it constitute a gubernatorial pardon.
  5. Definitions.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
    1. "Disabling offense." A conviction for any offense which:
      1. resulted in a Federal firearms disability and is substantially similar to either an offense currently graded as a crime punishable by a term of imprisonment for not more than two years or conduct which no longer constitutes a violation of law; and
      2. was a violation of either of the following:
        1. the former act of May 1, 1929 (P.L.905, No.403), known as The Vehicle Code, or the former act of April 29, 1959 (P.L.58, No.32), known as The Vehicle Code; or
        2. the former act of June 24, 1939 (P.L.872, No.375), known as the Penal Code.

      The definition shall not include any offense which, if committed under contemporary standards, would constitute a misdemeanor of the second degree or greater under section 2701 (relating to simple assault) and was committed by a current or former spouse, parent or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent or guardian or by a person similarly situated to a spouse, parent or guardian of the victim.

    2. "Restoration of firearms rights." Relieving any and all disabilities with respect to a person's right to own, possess, use, control, sell, purchase, transfer, manufacture, receive, ship or transport firearms, including any disabilities imposed pursuant to this subchapter. The phrase shall also mean the restoration of the right to vote, to hold public office and to serve on a jury.

(Dec. 9, 2002, P.L.1391, No.172, eff. imd.)

2002 Amendment. Act 172 added section 6105.1.

§6106 - Firearms not to be carried without a license
  1. "Offense defined".--
    1. Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
    2. A person who is otherwise eligible to possess a valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.
  2. "Exceptions".-- The provisions of subsection (a) shall not apply to:
    1. Constables, sheriffs, prison or jail wardens, or their deputies, policemen of this Commonwealth or its political subdivisions, or other law-enforcement officers.
    2. Members of the army, navy, marine corps, air force or coast guard of the United States or of the National Guard or organized reserves when on duty.
    3. The regularly enrolled members of any organization duly organized to purchase or receive such firearms from the United States or from this Commonwealth.
    4. Any persons engaged in target shooting with a firearm, if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the firearm is not loaded.
    5. Officers or employees of the United States duly authorized to carry a concealed firearm.
    6. Agents, messengers and other employees of common carriers, banks, or business firms, whose duties require them to protect moneys, valuables and other property in the discharge of such duties.
    7. Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of any such person, having in his possession, using or carrying a firearm in the usual or ordinary course of such business.
    8. Any person while carrying a firearm which is not loaded and is in a secure wrapper from the place of purchase to his home or place of business, or to a place of repair, sale or appraisal or back to his home or place of business, or in moving from one place of abode or business to another or from his home to a vacation or recreational home or dwelling or back, or to recover stolen property under section 6111.1(b)(4) (relating to Pennsylvania State Police), or to a place of instruction intended to teach the safe handling, use or maintenance of firearms or back or to a location to which the person has been directed to relinquish firearms under 23 Pa.C.S. §6108 (relating to relief) or back upon return of the relinquished firearm or to a licensed dealer's place of business for relinquishment pursuant to 23 Pa.C.S §6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or back upon return of the relinquished firearm or to a location for safekeeping pursuant to 23 Pa.C.S. §6108.3 (relating to relinquishment to third party for safekeeping) or back upon return of the relinquished firearm.
    9. Persons licensed to hunt, take furbearers or fish in this Commonwealth, if such persons are actually hunting, taking furbearers or fishing as permitted by such license, or are going to the places where they desire to hunt, take furbearers or fish or returning from such places.
    10. Persons training dogs, if such persons are actually training dogs during the regular training season.
    11. Any person while carrying a firearm in any vehicle, which person possesses a valid and lawfully issued license for that firearm which has been issued under the laws of the United States or any other state.
    12. A person who has a lawfully issued license to carry a firearm pursuant to section 6109 (relating to licenses) and that said license expired within six months prior to the date of arrest and that the individual is otherwise eligible for renewal of the license.
    13. Any person who is otherwise eligible to possess a firearm under this chapter and who is operating a motor vehicle which is registered in the person's name or the name of a spouse or parent and which contains a firearm for which a valid license has been issued pursuant to section 6109 to the spouse or parent owning the firearm.
    14. A person lawfully engaged in the interstate transportation of a firearm as defined under 18 U.S.C §921(a)(3) (relating to definitions) in compliance with 18 U.S.C. §926A (relating to interstate transportation of firearms).
    15. Any person who possesses a valid and lawfully issued license or permit to carry a firearm which has been issued under the laws of another state, regardless of whether a reciprocity agreement exists between the Commonwealth and the state under section 6109(k), provided:
      1. The state provides a reciprocal privilege for individuals licensed to carry firearms under section 6109.
      2. The Attorney General has determined that the firearm laws of the state are similar to the firearm laws of this Commonwealth.
    16. Any person holding a license in accordance with section 6109(f)(3).
  3. "Sportsman's firearm permit".--
    1. Before any exception shall be granted under paragraph (b)(9) or (10) of this section to any person 18 years of age or older licensed to hunt, trap or fish or who has been issued a permit relating to hunting dogs, such person shall, at the time of securing his hunting, furtaking or fishing license or any time after such license has been issued, secure a sportsman's firearm permit from the county treasurer. The sportsman's firearm permit shall be issued immediately and be valid throughout this Commonwealth for a period of five years from the date of issue for any legal firearm, when carried in conjunction with a valid hunting, furtaking or fishing license or permit relating to hunting dogs. The sportsman's firearm permit shall be in triplicate on a form to be furnished by the Pennsylvania State Police. The original permit shall be delivered to the person, and the first copy thereof, within seven days, shall be forwarded to the Commissioner of the Pennsylvania State Police by the county treasurer. The second copy shall be retained by the county treasurer for a period of two years from the date of expiration. The county treasurer shall be entitled to collect a fee of not more than $6 for each such permit issued, which shall include the cost of any official form. The Pennsylvania State Police may recover from the county treasurer the cost of any such form, but may not charge more than $1 for each official permit form furnished to the county treasurer.
    2. Any person who sells or attempts to sell a sportsman's firearm permit for a fee in excess of that amount fixed under this subsection commits a summary offense.
  4. Revocation of registration.-- Any registration of a firearm under subsection (c) of this section may be revoked by the county treasurer who issued it, upon written notice to the holder thereof.
  5. "Definitions".--
    1. For purposes of subsection (b)(3), (4), (5), (7) and (8), the term "firearm" shall include any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of the weapon.
    2. As used in this section, the phrase "place of instruction" shall include any hunting club, rifle club, rifle range, pistol range, shooting range, the premises of a licensed firearms dealer or a lawful gun show or meet.

(Oct. 12, 1973, P.L.283, No.81, eff. June 6, 1973; July 8, 1986, P.L.442, No.93, eff. July 1, 1987; Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.; Apr. 22, 1997, P.L.73, No.5, eff. 60 days; Dec. 20, 2000, P.L.728, No.101, eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)

2008 Amendment. Act 131 added subsec. (b)(16).
2005 Amendment. Act 66 amended subsec. (b) and added subsec. (e).
1997 Amendment. Act 5 amended subsecs. (a) and (b).
1988 Amendment. Act 158 amended subsecs. (b)(4) and (c).

Cross References. Section 6106 is referred to in sections 913, 6106.1, 6107, 6108, 6109, 6118, 6122 of this title; section 6108 of Title 23 (Domestic Relations).

§6106.1 - Carrying Loaded Weapons Other Than Firearms
  1. General rule.-- Except as provided in Title 34 (relating to game), no person shall carry a loaded pistol, revolver, shotgun or rifle, other than a firearm as defined in section 6102 (relating to definitions), in any vehicle The provisions of this section shall not apply to persons excepted from the requirement of a license to carry firearms under section 6106(b)( 1), (2), (5) or (6) (relating to firearms not to be carried without a license) nor shall the provisions of this section be construed to permit persons to carry firearms in a vehicle where such conduct is prohibited by section 6106.
  2. Penalty.-- A person who violates the provisions of this section commits a summary offense.

(Dec. 7, 1989, P.L.607, No.68, eff. 60 days; June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)

§6107 - Prohibited Conduct During Emergency
  1. "General rule".-- No person shall carry a firearm upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:
    1. Actively engaged in a defense of that person's life or property from peril or threat.
    2. Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).
  2. "Seizure, taking and confiscation".-- Except as otherwise provided under subsection (a) and notwithstanding the provisions of 35 Pa.C.S. Ch. 73 (relating to Commonwealth services) or any other provision of law to the contrary, no firearm, accessory or ammunition may be seized, taken or confiscated during an emergency unless the seizure, taking or confiscation would be authorized absent the emergency.
  3. "Definitions".-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
  4. "Accessory." Any scope, sight, bipod, sling, light, magazine, clip or other related item that is attached to or necessary for the operation of a firearm.
  5. "Firearm." The term includes 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 weapon.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)

§6108 - Carrying Firearms on Public Streets or Public Property in Philadelphia
  1. No person shall carry a firearm, rifle or shotgun at any time upon the public streets or upon any public property in a city of the first class unless:
    1. such person is licensed to carry a firearm; or
    2. such person is exempt from licensing under section 6106(b) of this title (relating to firearms not to be carried without a license)

Cross References. Section 6108 is referred to in section 6109 of this title.

§6109 - Licenses
  1. "Purpose of license".-- A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle throughout this Commonwealth.
  2. "Place of application".-- An individual who is 21 years of age or older may apply to a sheriff for a license to carry a firearm concealed on or about his person or in a vehicle within this Commonwealth. If the applicant is a resident of this Commonwealth, he shall make application with the sheriff of the county in which he resides or, if a resident of a city of the first class, with the chief of police of that city.
  3. "Form of application and content".-- The application for a license to carry a firearm shall be uniform throughout this Commonwealth and shall be on a form prescribed by the Pennsylvania State Police. The form may contain provisions, not exceeding one page, to assure compliance with this section. Issuing authorities shall use only the application form prescribed by the Pennsylvania State Police. One of the following reasons for obtaining a firearm license shall be set forth in the application: self-defense, employment, hunting and fishing, target shooting, gun collecting or another proper reason. The application form shall be dated and signed by the applicant and shall contain the following statement:
    1. I have never been convicted of a crime that prohibits me from possessing or acquiring a firearm under Federal or State law. I am of sound mind and have never been committed to a mental institution. I hereby certify that the statements contained herein are true and correct to the best of my knowledge and belief. I understand that, if I knowingly make any false statements herein, I am subject to penalties prescribed by law. I authorize the sheriff, or his designee, or, in the case of first class cities, the chief or head of the police department, or his designee, to inspect only those records or documents relevant to information required for this application. If I am issued a license and knowingly become ineligible to legally possess or acquire firearms, I will promptly notify the sheriff of the county in which I reside or, if I reside in a city of the first class, the chief of police of that city.
  4. "Sheriff to conduct investigation".-- The sheriff to whom the application is made shall:
    1. investigate the applicant's record of criminal conviction;
    2. investigate whether or not the applicant is under indictment for or has ever been convicted of a crime punishable by imprisonment exceeding one year;
    3. investigate whether the applicant's character and reputation are such that the applicant will not be likely to act in a manner dangerous to public safety;
    4. investigate whether the applicant would be precluded from receiving a license under subsection (e)(1) or section 6105(h) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms); and
    5. conduct a criminal background, juvenile delinquency and mental health check following the procedures set forth in section 6111 (relating to sale or transfer of firearms), receive a unique approval number for that inquiry and record the date and number on the application.
  5. "Issuance of license".--
    1. A license to carry a firearm shall be for the purpose of carrying a firearm concealed on or about one's person or in a vehicle and shall be issued if, after an investigation not to exceed 45 days, it appears that the applicant is an individual concerning whom no good cause exists to deny the license. A license shall not be issued to any of the following:
      1. An individual whose character and reputation is such that the individual would be likely to act in a manner dangerous to public safety.
      2. An individual who has been convicted of an offense under the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act. [FN1]
      3. An individual convicted of a crime enumerated in section 6105.
      4. An individual who, within the past ten years, has been adjudicated delinquent for a crime enumerated in section 6105 or for an offense under The Controlled Substance, Drug, Device and Cosmetic Act.
      5. An individual who is not of sound mind or who has ever been committed to a mental institution.
      6. An individual who is addicted to or is an unlawful user of marijuana or a stimulant, depressant or narcotic drug.
      7. An individual who is a habitual drunkard.
      8. An individual who is charged with or has been convicted of a crime punishable by imprisonment for a term exceeding one year except as provided for in section 6123 (relating to waiver of disability or pardons).
      9. A resident of another state who does not possess a current license or permit or similar document to carry a firearm issued by that state if a license is provided for by the laws of that state, as published annually in the Federal Register by the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury under 18 U.S.C. §921(a)(19) (relating to definitions).
      10. An alien who is illegally in the United States.
      11. An individual who has been discharged from the armed forces of the United States under dishonorable conditions.
      12. An individual who is a fugitive from justice. This subparagraph does not apply to an individual whose fugitive status is based upon nonmoving or moving summary offense under Title 75 (relating to vehicles).
      13. An individual who is otherwise prohibited from possessing, using, manufacturing, controlling, purchasing, selling or transferring a firearm as provided by section 6105.
      14. An individual who is prohibited from possessing or acquiring a firearm under the statutes of the United States.
    2. Deleted by 1995, June 13, No. 17 (Spec. Sess. No. 1), §2, effective in 120 days.
    3. The license to carry a firearm shall be designed to be uniform throughout this Commonwealth and shall be in a form prescribed by the Pennsylvania State Police. The license shall bear the following:
      1. The name, address, date of birth, race, sex, citizenship, height, weight, color of hair, color of eyes and signature of the licensee.
      2. The signature of the sheriff issuing the license.
      3. A license number of which the first two numbers shall be a county location code followed by numbers issued in numerical sequence.
      4. The point-of-contact telephone number designated by the Pennsylvania State Police under subsection (l).
      5. The reason for issuance.
      6. The period of validation.
    4. The sheriff shall require a photograph of the licensee on the license. The photograph shall be in a form compatible with the Commonwealth Photo Imaging Network.
    5. The original license shall be issued to the applicant. The first copy of the license shall be forwarded to the Pennsylvania State Police within seven days of the date of issue. The second copy shall be retained by the issuing authority for a period of seven years. Except pursuant to court order, both copies and the application shall, at the end of the seven-year period, be destroyed unless the license has been renewed within the seven-year period.
  6. "Term of license".--
    1. A license to carry a firearm issued under subsection (e) shall be valid throughout this Commonwealth for a period of five years unless extended under paragraph (3) or sooner revoked.
    2. At least 60 days prior to the expiration of each license, the issuing sheriff shall send to the licensee an application for renewal of license. Failure to receive a renewal application shall not relieve a licensee from the responsibility to renew the license.
    3. Notwithstanding paragraph (1) or any other provision of law to the contrary, a license to carry a firearm that is held by a member of the United States Armed Forces or the Pennsylvania National Guard on Federal active duty and deployed overseas that is scheduled to expire during the period of deployment shall be extended until 90 days after the end of the deployment.
    4. Possession of a license, together with a copy of the person's military orders showing the dates of overseas deployment, including the date that the overseas deployment ends, shall constitute, during the extension period specified in paragraph (3), a defense to any charge filed pursuant to section 6106 (relating to firearms not to be carried without a license) or 6108 (relating to carrying firearms on public streets or public property in Philadelphia).
  7. "Grant or denial of license".-- Upon the receipt of an application for a license to carry a firearm, the sheriff shall, within 45 days, issue or refuse to issue a license on the basis of the investigation under subsection (d) and the accuracy of the information contained in the application. If the sheriff refuses to issue a license, the sheriff shall notify the applicant in writing of the refusal and the specific reasons. The notice shall be sent by certified mail to the applicant at the address set forth in the application.
  8. "Fee".--
    1. In addition to fees described in paragraphs (2)(ii) and (3), the fee for a license to carry a firearm is $19. This includes all of the following:
      1. A renewal notice processing fee of $1.50.
      2. An administrative fee of $5 under section 14(2) of the act of July 6, 1984 (P.L. 614, No. 127), [FN2] known as the Sheriff Fee Act.
    2. -- (Expired)
    3. An additional fee of $1 shall be paid by the applicant for a license to carry a firearm and shall be remitted by the sheriff to the Firearms License Validation System Account, which is hereby established as a special restricted receipt account within the General Fund of the State Treasury. The account shall be used for purposes under subsection (l). Moneys credited to the account and any investment income accrued are hereby appropriated on a continuing basis to the Pennsylvania State Police.
    4. No fee other than that provided by this subsection or the Sheriff Fee Act may be assessed by the sheriff for the performance of any background check made pursuant to this act.
    5. The fee is payable to the sheriff to whom the application is submitted and is payable at the time of application for the license.
    6. Except for the administrative fee of $5 under section 14(2) of the Sheriff Fee Act, all other fees shall be refunded if the application is denied but shall not be refunded if a license is issued and subsequently revoked.
    7. A person who sells or attempts to sell a license to carry a firearm for a fee in excess of the amounts fixed under this subsection commits a summary offense.
  9. "Revocation".-- A license to carry firearms may be revoked by the issuing authority for good cause. A license to carry firearms shall be revoked by the issuing authority for any reason stated in subsection (e)(1) which occurs during the term of the permit. Notice of revocation shall be in writing and shall state the specific reason for revocation. Notice shall be sent by certified mail to the individual whose license is revoked, and, at that time, notice shall also be provided to the Pennsylvania State Police by electronic means, including e-mail or facsimile transmission, that the license is no longer valid. An individual whose license is revoked shall surrender the license to the issuing authority within five days of receipt of the notice. An individual whose license is revoked may appeal to the court of common pleas for the judicial district in which the individual resides. An individual who violates this section commits a summary offense.
    1. "Notice to sheriff".-- Notwithstanding any statute to the contrary:
      1. Upon conviction of a person for a crime specified in section 6105(a) or (b) or upon conviction of a person for a crime punishable by imprisonment exceeding one year or upon a determination that the conduct of a person meets the criteria specified in section 6105(c)(1), (2), (3), (5), (6) or (9), the court shall determine if the defendant has a license to carry firearms issued pursuant to this section. If the defendant has such a license, the court shall notify the sheriff of the county in which that person resides, on a form developed by the Pennsylvania State Police, of the identity of the person and the nature of the crime or conduct which resulted in the notification. The notification shall be transmitted by the judge within seven days of the conviction or determination.
      2. Upon adjudication that a person is incompetent or upon the involuntary commitment of a person to a mental institution for inpatient care and treatment under the act of July 9, 1976 (P.L. 817, No. 143), known as the Mental Health Procedures Act, or upon involuntary treatment of a person as described under section 6105(c)(4), the judge of the court of common pleas, mental health review officer or county mental health and mental retardation administrator shall notify the sheriff of the county in which that person resides, on a form developed by the Pennsylvania State Police, of the identity of the person who has been adjudicated, committed or treated and the nature of the adjudication, commitment or treatment. The notification shall be transmitted by the judge, mental health review officer or county mental health and mental retardation administrator within seven days of the adjudication, commitment or treatment.
  10. "Immunity".-- A sheriff who complies in good faith with this section shall be immune from liability resulting or arising from the action or misconduct with a firearm committed by any individual to whom a license to carry a firearm has been issued.
  11. "Reciprocity".--
    1. The Attorney General shall have the power and duty to enter into reciprocity agreements with other states providing for the mutual recognition of a license to carry a firearm issued by the Commonwealth and a license or permit to carry a firearm issued by the other state. To carry out this duty, the Attorney General is authorized to negotiate reciprocity agreements and grant recognition of a license or permit to carry a firearm issued by another state.
    2. The Attorney General shall report to the General Assembly within 180 days of the effective date of this paragraph and annually thereafter concerning the agreements which have been consummated under this subsection.
  12. "Firearms License Validation System".--
    1. The Pennsylvania State Police shall establish a nationwide toll- free telephone number, known as the Firearms License Validation System, which shall be operational seven days a week, 24 hours per day, for the purpose of responding to law enforcement inquiries regarding the validity of any Pennsylvania license to carry a firearm.
    2. Notwithstanding any other law regarding the confidentiality of information, inquiries to the Firearms License Validation System regarding the validity of any Pennsylvania license to carry a firearm may only be made by law enforcement personnel acting within the scope of their official duties.
    3. Law enforcement personnel outside this Commonwealth shall provide their originating agency identifier number and the license number of the license to carry a firearm which is the subject of the inquiry.
    4. Responses to inquiries by law enforcement personnel outside this Commonwealth shall be limited to the name of the licensee, the validity of the license and any information which may be provided to a criminal justice agency pursuant to Chapter 91 (relating to criminal history record information).
  13. "Inquiries".--
    1. The Attorney General shall, not later than one year after the effective date of this subsection and not less than once annually, contact in writing the appropriate authorities in any other state which does not have a current reciprocity agreement with the Commonwealth to determine if:
      1. the state will negotiate a reciprocity agreement;
      2. a licensee may carry a concealed firearm in the state; or
      3. a licensee may apply for a license or permit to carry a firearm issued by the state.
    2. The Attorney General shall maintain a current list of those states which have a reciprocity agreement with the Commonwealth, those states which allow licensees to carry a concealed firearm and those states which allow licensees to apply for a license or permit to carry a firearm. This list shall be posted on the Internet, provided to the Pennsylvania State Police and made available to the public upon request.
    1. m.1. "Temporary emergency licenses".--
      1. A person seeking a temporary emergency license to carry a concealed firearm shall submit to the sheriff of the county in which the person resides all of the following:
        1. Evidence of imminent danger to the person or the person's minor child. For purposes of this subparagraph, the term "minor" shall have the same meaning as provided in 1 Pa.C.S. §1991 (relating to definitions).
        2. A sworn affidavit that contains the information required on an application for a license to carry a firearm and attesting that the person is 21 years of age or older, is not prohibited from owning firearms under section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) or any other Federal or State law and is not currently subject to a protection from abuse order or a protection order issued by a court of another state.
        3. In addition to the provisions of subsection (h), a temporary emergency license fee established by the Commissioner of the Pennsylvania State Police for an amount that does not exceed the actual cost of conducting the criminal background check or $10, whichever is less.
        4. An application for a license to carry a firearm on the form prescribed pursuant to subsection (c).
      2. Upon receipt of the items required under paragraph (1), the sheriff immediately shall conduct a criminal history, juvenile delinquency and mental health record check of the applicant pursuant to section 6105. Immediately upon receipt of the results of the records check, the sheriff shall review the information and shall determine whether the applicant meets the criteria set forth in this subsection. If the sheriff determines that the applicant has met all of the criteria, the sheriff shall immediately issue the applicant a temporary emergency license to carry a concealed firearm.
      3. If the sheriff refuses to issue a temporary emergency license, the sheriff shall specify the grounds for the denial in a written notice to the applicant. The applicant may appeal the denial or challenge criminal records check results that were the basis of the denial, if applicable, in the same manner as a denial of a license to carry a firearm under this section.
      4. A temporary emergency license issued under this subsection shall be valid for 45 days and may not be renewed. A person who has been issued a temporary emergency license under this subsection shall not be issued another temporary emergency license unless at least five years have expired since the issuance of the prior temporary emergency license. During the 45 days the temporary emergency license is valid, the sheriff shall conduct an additional investigation of the person for the purposes of determining whether the person may be issued a license pursuant to this section. If, during the course of this investigation, the sheriff discovers any information that would have prohibited the issuance of a license pursuant to this section, the sheriff shall be authorized to revoke the temporary emergency license as provided in subsection (i).
      5. The temporary emergency license issued pursuant to this section shall be consistent with the form prescribed in subsection (e)(3), (4) and (5). In addition to the information provided in those paragraphs, the temporary emergency license shall be clearly marked "Temporary."
      6. A person who holds a temporary emergency license to carry a firearm shall have the same rights to carry a firearm as a person issued a license to carry a firearm under this section. A licensee under this subsection shall be subject to all other duties, restrictions and penalties under this section, including revocation pursuant to subsection (i).
      7. A sheriff who issues a temporary emergency license to carry a firearm shall retain, for the entire period during which the temporary emergency license is in effect, the evidence of imminent danger that the applicant submitted to the sheriff that was the basis for the license, or a copy of the evidence, as appropriate.
      8. A person applying for a temporary emergency license shall complete the application required pursuant to subsection (c) and shall provide at the time of application the information required in paragraph (1).
      9. Prior to the expiration of a temporary emergency license, if the sheriff has determined pursuant to investigation that the person issued a temporary emergency license is not disqualified and if the temporary emergency license has not been revoked pursuant to subsection (i), the sheriff shall issue a license pursuant to this section that is effective for the balance of the five-year period from the date of the issuance of the temporary emergency license. Records and all other information, duties and obligations regarding such licenses shall be applicable as otherwise provided in this section.
      10. As used in this subsection, the term "evidence of imminent danger" means:
        1. a written document prepared by the Attorney General, a district attorney, a chief law enforcement officer, judicial officer or their designees describing the facts that give a person reasonable cause to fear a criminal attack upon the person or the person's minor child. For the purposes of this subparagraph, the term "chief law enforcement officer" shall have the same meaning as provided in 42 Pa.C.S. §8951 (relating to definitions) and "judicial officer" shall have the same meaning as provided in 42 Pa.C.S. §102 (relating to definitions).
        2. a police report.
    2. m.2. "Inconsistent provisions".-- Notwithstanding the provisions of section 7506 (relating to violation of rules regarding conduct on Commonwealth property), 75 Pa.C.S. §7727 (relating to additional limitations on operation) or the act of June 28, 1995 (P.L. 89, No. 18), [FN3] known as the Conservation and Natural Resources Act, and regulations promulgated under that act, a firearm may be carried as provided in subsection (a) by:
      1. a law enforcement officer whose current identification as a law enforcement officer shall be construed as a valid license to carry a firearm; or
      2. any licensee.
    3. m.3. "Construction".-- Nothing in this section shall be construed to:
      1. Permit the hunting or harvesting of any wildlife with a firearm or ammunition not otherwise permitted by 34 Pa.C.S. (relating to game).
      2. Authorize any Commonwealth agency to regulate the possession of firearms in any manner inconsistent with the provisions of this title.
  14. "Definition".-- As used in this section, the term "licensee" means an individual who is licensed to carry a firearm under this section.

Apr. 17, 1986, P.L.82, No.28, eff. Jan. 1, 1987; Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.; Apr. 22, 1997, P.L.73, No.5, eff. 60 days; June 18, 1998, P.L.503, No.70, eff. imd.; Nov. 10, 2005, P.L.335, No.66; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days; June 28, 2011, P.L.48, No.10, eff. 60 days)

2011 Amendment. Act 10 amended subsec. (m.3). See the preamble to Act 10 in the appendix to this title for special provisions relating to legislative findings.
2011 Expiration. Subsec. (h)(2) expired May 9, 2011. See Act 66 of 2005.
2008 Amendment. Act 131 amended subsec. (f)(1) and added subsecs. (f)(3) and (4), (m.1), (m.2) and (m.3).
2005 Amendment. Act 66 amended subsecs. (c), (d), (e), (h), (i) and (k) and added subsecs. (i.1), (l), (m) and (n). Section 14 of Act 66 provided that the Pennsylvania Commission on Crime and Delinquency shall submit a report to the General Assembly three years after the effective date of section 14 on the progress of the Firearms License to Carry Modernization Account. See section 15 of Act 66 in the appendix to this title for special provisions relating to effective date.
1997 Amendment. Act 5 amended subsec. (a).
1995 Amendment. Act 66 amended subsecs. (a), (f) and (h).

Cross References. Section 6109 is referred to in sections 913, 6105, 6106, 6107, 6111, 6115, 6124 of this title; section 6108 of Title 23 (Domestic Relations); sections 2325, 2525 of Title 34 (Game).

§6110.1 - Possession of Firearm By Minor
  1. 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.
  2. 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.)
  3. 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.
  4. Forfeiture-- Any firearm in the possession of a person under 18 years of age in violation of this section shall be promptly seized by the arresting law enforcement officer and upon conviction or adjudication of delinquency shall be forfeited or, if stolen, returned to the lawful owner.

June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.)

1995 Amendments. Act 17, 1st Sp.Sess., added section 6110.1 and Act 66 amended subsec. (b).

Cross References. Section 6110.1 is referred to in sections 6105, 6115 of this title.

§6110.2 - Possession of Firearm with Altered Manufacturer's Number
  1. 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.
  2. Penalty.-- A person who violates this section commits a misdemeanor of the first degree.
  3. Definition.-- As used in this section, the term "firearm" shall have the same meaning as that term is defined in section 6105(i) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms), except that the term shall not include antique firearms as defined in section 6118 (relating to antique firearms).

(Dec. 15, 1999, P.L.915, No.59, eff. 60 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)

§6111 - Sale or transfer of firearms
  1. "Time and manner of delivery".--
    1. Except as provided in paragraph (2), no seller shall deliver a firearm to the purchaser or transferee thereof until 48 hours shall have elapsed from the time of the application for the purchase thereof, and, when delivered, the firearm shall be securely wrapped and shall be unloaded.
    2. Thirty days after publication in the Pennsylvania Bulletin that the Instantaneous Criminal History Records Check System has been established in accordance with the Brady Handgun Violence Prevention Act (Public Law 103- 159, 18 U.S.C. §921 et seq.), no seller shall deliver a firearm to the purchaser thereof until the provisions of this section have been satisfied, and, when delivered, the firearm shall be securely wrapped and shall be unloaded.
  2. "Duty of seller".-- No licensed importer, licensed manufacturer or licensed dealer shall sell or deliver any firearm to another person, other than a licensed importer, licensed manufacturer, licensed dealer or licensed collector, until the conditions of subsection (a) have been satisfied and until he has:
    1. For purposes of a firearm as defined in section 6102 (relating to definitions), obtained a completed application/record of sale from the potential buyer or transferee to be filled out in triplicate, the original copy to be sent to the Pennsylvania State Police, postmarked via first class mail, within 14 days of the sale, one copy to be retained by the licensed importer, licensed manufacturer or licensed dealer for a period of 20 years and one copy to be provided to the purchaser or transferee. The form of this application/record of sale shall be no more than one page in length and shall be promulgated by the Pennsylvania State Police and provided by the licensed importer, licensed manufacturer or licensed dealer. The application/record of sale shall include the name, address, birthdate, gender, race, physical description and Social Security number of the purchaser or transferee, the date of the application and the caliber, length of barrel, make, model and manufacturer's number of the firearm to be purchased or transferred. The application/record of sale shall also contain the following question:
      1. 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:
        1. spouse;
        2. parent;
        3. child;
        4. grandparent; or
        5. grandchild.
      1. 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:
        1. 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.
        2. 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.
        3. 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.
        4. 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.
        5. Unless it has been discovered pursuant to a criminal history, juvenile delinquency and mental health records background check that the potential purchaser or transferee is prohibited from possessing a firearm pursuant to section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms), no information on the application/record of sale provided pursuant to this subsection shall be retained as precluded by section 6111.4 (relating to registration of firearms) by the Pennsylvania State Police either through retention of the application/record of sale or by entering the information onto a computer, and, further, an application/record of sale received by the Pennsylvania State Police pursuant to this subsection shall be destroyed within 72 hours of the completion of the criminal history, juvenile delinquency and mental health records background check.
      1. 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.
      2. 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.
      3. 1.4. Following implementation of the instantaneous records check by the Pennsylvania State Police on or before December 1, 1998, no application/record of sale shall be completed for the purchase or transfer of a firearm which exceeds the barrel lengths set forth in section 6102. A statement shall be submitted by the dealer to the Pennsylvania State Police, postmarked via first class mail, within 14 days of the sale, containing the number of firearms sold which exceed the barrel and related lengths set forth in section 6102, the amount of surcharge and other fees remitted and a list of the unique approval numbers given pursuant to paragraph (4), together with a statement that the background checks have been performed on the firearms contained in the statement. The form of the statement relating to performance of background checks shall be promulgated by the Pennsylvania State Police.
    2. Inspected photoidentification of the potential purchaser or transferee, including, but not limited to, a driver's license, official Pennsylvania photoidentification card or official government photoidentification card. In the case of a potential buyer or transferee who is a member of a recognized religious sect or community whose tenets forbid or discourage the taking of photographs of members of that sect or community, a seller shall accept a valid-without-photo driver's license or a combination of documents, as prescribed by the Pennsylvania State Police, containing the applicant's name, address, date of birth and the signature of the applicant.
    3. Requested by means of a telephone call that the Pennsylvania State Police conduct a criminal history, juvenile delinquency history and a mental health record check. The purchaser and the licensed dealer shall provide such information as is necessary to accurately identify the purchaser. The requester shall be charged a fee equivalent to the cost of providing the service but not to exceed $2 per buyer or transferee.
    4. Received a unique approval number for that inquiry from the Pennsylvania State Police and recorded the date and the number on the application/record of sale form.
    5. Issued a receipt containing the information from paragraph (4), including the unique approval number of the purchaser. This receipt shall be prima facie evidence of the purchaser's or transferee's compliance with the provisions of this section.
    6. Unless it has been discovered pursuant to a criminal history, juvenile delinquency and mental health records background check that the potential purchaser or transferee is prohibited from possessing a firearm pursuant to section 6105, no information received via telephone following the implementation of the instantaneous background check system from a purchaser or transferee who has received a unique approval number shall be retained by the Pennsylvania State Police.
    7. For purposes of the enforcement of 18 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).
  3. "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.
  4. "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.
  5. "Nonapplicability of section".-- This section shall not apply to the following:
    1. Any firearm manufactured on or before 1898.
    2. Any firearm with a matchlock, flintlock or percussion cap type of ignition system.
    3. Any replica of any firearm described in paragraph (1) if the replica:
      1. is not designed or redesigned to use rimfire or conventional center fire fixed ammunition; or
      2. 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.
  6. "Application of section".--
    1. For the purposes of this section only, except as provided by paragraph (2), "firearm" shall mean any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
    2. The provisions contained in subsections (a) and (c) shall only apply to pistols or revolvers with a barrel length of less than 15 inches, any shotgun with a barrel length of less than 18 inches, any rifle with a barrel length of less than 16 inches or any firearm with an overall length of less than 26 inches.
    3. The provisions contained in subsection (a) shall not apply to any law enforcement officer whose current identification as a law enforcement officer shall be construed as a valid license to carry a firearm or any person who possesses a valid license to carry a firearm under section 6109 (relating to licenses).
    4. --
      1. 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.
      2. 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.
      3. 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.
  7. "Penalties".--
    1. Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly or intentionally sells, delivers or transfers a firearm in violation of this section commits a misdemeanor of the second degree.
    2. Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly or intentionally sells, delivers or transfers a firearm under circumstances intended to provide a firearm to any person, purchaser or transferee who is unqualified or ineligible to control, possess or use a firearm under this chapter commits a felony of the third degree and shall in addition be subject to revocation of the license to sell firearms for a period of three years.
    3. Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly and intentionally requests a criminal history, juvenile delinquency or mental health record check or other confidential information from the Pennsylvania State Police under this chapter for any purpose other than compliance with this chapter or knowingly and intentionally disseminates any criminal history, juvenile delinquency or mental health record or other confidential information to any person other than the subject of the information commits a felony of the third degree.
      1. 3.1. Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly and intentionally obtains or furnishes information collected or maintained pursuant to section 6109 for any purpose other than compliance with this chapter or who knowingly or intentionally disseminates, publishes or otherwise makes available such information to any person other than the subject of the information commits a felony of the third degree.
    4. Any person, purchaser or transferee 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:
      1. makes any materially false oral statement;
      2. makes any materially false written statement, including a statement on any form promulgated by Federal or State agencies; or
      3. willfully furnishes or exhibits any false identification intended or likely to deceive the seller, licensed dealer or licensed manufacturer.
    5. Notwithstanding section 306 (relating to liability for conduct of another; complicity) or any other statute to the contrary, any person, licensed importer, licensed dealer or licensed manufacturer who knowingly and intentionally sells, delivers or transfers a firearm in violation of this chapter who has reason to believe that the firearm is intended to be used in the commission of a crime or attempt to commit a crime shall be criminally liable for such crime or attempted crime.
    6. Notwithstanding any act or statute to the contrary, any person, licensed importer, licensed manufacturer or licensed dealer who knowingly and intentionally sells or delivers a firearm in violation of this chapter who has reason to believe that the firearm is intended to be used in the commission of a crime or attempt to commit a crime shall be liable in the amount of the civil judgment for injuries suffered by any person so injured by such crime or attempted crime.
  8. "Subsequent violation penalty".--
    1. A second or subsequent violation of this section shall be a felony of the second degree. A person who at the time of sentencing has been convicted of another offense under this section shall be sentenced to a mandatory minimum sentence of imprisonment of five years. A second or subsequent offense shall also result in permanent revocation of any license to sell, import or manufacture a firearm.
    2. Notice of the applicability of this subsection to the defendant and reasonable notice of the Commonwealth's intention to proceed under this section shall be provided prior to trial. The applicability of this section shall be determined at sentencing. The court shall consider evidence presented at trial, shall afford the Commonwealth and the defendant an opportunity to present necessary additional evidence and shall determine by a preponderance of the evidence if this section is applicable.
    3. There shall be no authority for a court to impose on a defendant to which this subsection is applicable a lesser sentence than provided for in paragraph (1), to place the defendant on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.
    4. If a sentencing court refuses to apply this subsection where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this subsection.
    5. For the purposes of this subsection, a person shall be deemed to have been convicted of another offense under this section whether or not judgment of sentence has been imposed for that violation.
  9. "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.
  10. "Exemption".--
    1. The provisions of subsections (a) and (b) shall not apply to:
      1. sales between Federal firearms licensees; or
      2. the purchase of firearms by a chief law enforcement officer or his designee, for the official use of law enforcement officers.
    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.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66; Apr. 22, 1997, P.L.73, No.5; June 18, 1998, P.L.503, No.70, eff. imd.; Dec. 3, 1998, P.L.933, No.121, eff. imd.; Dec. 15, 1999, P.L.915, No.59, eff. 60 days; Dec. 20, 2000, P.L.728, No.101, eff. 60 days; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days; Oct. 25, 2012, P.L.1626, No.199, eff. 60 days)

2012 Amendment. Act 199 amended subsec. (h).
2008 Amendment. Act 131 amended subsecs. (b)(1), (g)(4) and (j).
2000 Amendment. Act 101 amended subsec. (j).
1998 Amendments. Act 70 amended subsecs. (b)(1.1) intro. par. and (i), (1.4) and (3) and (g)(3) and added subsecs. (b)(7) and (g)(3.1) and Act 121 amended subsec. (b)(1.4). Act 121 overlooked the amendment by Act 70, but the amendments do not conflict in substance (except for the date, as to which Act 121 has been given effect) and have both been given effect in setting forth the text of subsec. (b)(1.4).
1997 Amendment. Act 5 amended the entire section, effective immediately as to subsec. (b)(1.1) and 60 days as to the remainder of the section.

Cross References. Section 6111 is referred to in sections 6109, 6111.1, 6111.2, 6111.3, 6113 of this title; section 6108.3 of Title 23 (Domestic Relations); section 5552 of Title 42 (Judiciary and Judicial Procedure).

§6111.1 - (2014) Pennsylvania State Police
  1. "Administration".-- The Pennsylvania State Police shall have the responsibility to administer the provisions of this chapter.
  2. "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:
      1. 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;
      2. 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
      3. inform the licensee making the inquiry either:
        1. that the potential purchase or transfer is prohibited; or
        2. 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:
      1. The instantaneous background check for firearms as defined in section 6102 (relating to definitions) shall begin on July 1, 1998.
      2. The instantaneous background check for firearms that exceed the barrel lengths set forth in section 6102 shall begin on the later of:
        1. the date of publication of the notice under section 6111(a)(2); or
        2. 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.
  3. "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.
  4. "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).
  5. "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.
  6. "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:
      1. 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
      2. 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 shall, within 72 hours of receipt, 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, and any record relevant to a determination of whether a person is not disqualified or is no longer disqualified from possessing or receiving a firearm under 18 U.S.C. § 922(g)(3) or (4) or an applicable state statute.
  7. "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, after disclosing relevant records under subsection (f)(3), 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, after disclosing relevant records under subsection (f)(3), 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.
  8. "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:
      1. 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.
      2. 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.
  9. "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.
  10. "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.
    1. 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.
    2. 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).
    3. 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.
  11. "Definitions".-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
  12. "Firearm." The term shall have the same meaning as in section 6111.2 (relating to firearm sales surcharge).
  13. "Physician." Any licensed psychiatrist or clinical psychologist as defined in the act of July 9, 1976 (P.L. 817, No. 143), known as the Mental Health Procedures Act.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.; Apr. 22, 1997, P.L.73, No.5, eff. 60 days; June 18, 1998, P.L.503, No.70, eff. imd.; Dec. 3, 1998, P.L.933, No.121, eff. imd.; Oct. 17, 2008, P.L.1628, No.131; 2014 , P.L. 4318, No. 192)

2008 Amendment. Act 131 amended subsecs. (b)(4), (e) and (f), effective immediately as to subsec. (e) and 60 days as to the remainder of the section. 1998 Amendments. Act 70 amended subsecs. (b)(3) and (e) and added subsec. (j.3) and Act 121 amended subsec. (b)(3). Act 121 overlooked the amendment by Act 70, but the amendments do not conflict in substance (except for the date, as to which Act 121 has been given effect) and have both been given effect in setting forth the text of subsec. (b)(3).
1997 Amendment. Act 5 amended subsecs. (b)(2) and (k).
1995 Amendments. Act 17, 1st Sp.Sess., added section 6111.1 and Act 66 amended subsecs. (b), (d), (e), (f), (g), (h) and (i) and added subsecs. (j.1) and (j.2).

Cross References. Section 6111.1 is referred to in sections 6106, 6111 of this title.

§6111.2 - Firearm Sales Surcharge
  1. 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.
  2. 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.
  3. 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.
  4. Definition.-- As used in this section only, the term "firearm" shall mean any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosion or the frame or receiver of any such weapon.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.)

References in Text. The Firearm Instant Records Check Fund, referred to in subsec. (a), is now the Firearm Records Check Fund.

Cross References. Section 6111.2 is referred to in sections 6111, 6111.1, 6111.3 of this title.

§6111.3 - Firearm Instant Records Check Fund
  1. "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.
  2. "Source".-- The source of the fund shall be moneys collected and transferred under section 6111.2 (relating to firearm sales surcharge) and moneys collected and transferred under section 6111(b)(3).

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.; June 18, 1998, P.L.503, No.70, eff. imd.)

1998 Amendment. Act 70 amended the section heading and subsec. (a).
1995 Amendments. Act 17, 1st Sp.Sess., added section 6111.3 and Act 66 amended the section heading.

Cross References. Section 6111.3 is referred to in section 6102 of this title.

§6111.4 - Registration of Firearms

Notwithstanding any section of this chapter to the contrary, nothing in this chapter shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth. For the purposes of this section only, the term "firearm" shall include any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)

1995 Amendment. Act 17, 1st Sp.Sess., added section 6111.4.

Cross References. Section 6111.4 is referred to in section 6111 of this title.

§6111.5 - Rules and Regulations

The Pennsylvania State Police shall in the manner provided by law promulgate the rules and regulations necessary to carry out this chapter, including regulations to ensure the identity, confidentiality and security of all records and data provided pursuant hereto.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)

1995 Amendment. Act 17, 1st Sp.Sess., added section 6111.5.

§6112 - Retail Dealer Required to be Licensed

No retail dealer shall sell, or otherwise transfer or expose for sale or transfer, or have in his possession with intent to sell or transfer, any firearm as defined in section 6113(d) (relating to licensing of dealers) without being licensed as provided in this chapter.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Apr. 22, 1997, P.L.73, No.5, eff. 60 days)

Cross References. Section 6112 is referred to in section 6113 of this title.

§6113 - Licensing of Dealers
  1. "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.
  2. "Fee".-- The fee for issuing said license shall be $30, which fee shall be paid into the county treasury.
  3. "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.
  4. "Definitions".-- For the purposes of this section and section 6112 (relating to retail dealer required to be licensed) only unless otherwise specifically provided, the term "firearm" shall include any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.; June 18, 1998, P.L.503, No.70, eff. imd.)

1998 Amendment. Act 70 amended subsecs. (a)(5) and (d).
1995 Amendment. Act 66 amended subsec. (a).

Cross References. Section 6113 is referred to in section 6112 of this title; section 6108.2 of Title 23 (Domestic Relations).

§6114 - Judicial Review

The action of the chief of police, sheriff, county treasurer or other officer under this subchapter shall be subject to judicial review in the manner and within the time provided by 2 Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local agency action). A judgment sustaining a refusal to grant a license shall not bar, after one year, a new application; nor shall a judgment in favor of the petitioner prevent the defendant from thereafter revoking or refusing to renew such license for any proper cause which may thereafter occur. The court shall have full power to dispose of all costs.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)

§6115 - Loans on, or Lending or Giving Firearms Prohibited
  1. 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.
  2. Exception.--
    1. Subsection (a) shall not apply if any of the following apply:
      1. The person who receives the firearm is licensed to carry a firearm under section 6109 (relating to licenses).
      2. The person who receives the firearm is exempt from licensing.
      3. 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
      4. The person who receives the firearm meets all of the following
        1. Is under 18 years of age.
        2. Pursuant to section 6110.1 (relating to possession of firearm by minor) is under the supervision, guidance and instruction (if a responsible individual who.
          1. is '21 years of age or older; and
          2. 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)
      5. The person who receives the firearm is lawfully hunting or trapping and is in compliance with the provisions of Title 34 (relating to game)
      6. 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.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

2005 Amendment. Act 66 added subsec. (b)(4).

Cross References. Section 6115 is referred to in section 6108.3 of Title 23 (Domestic Relations).

§6116 - False Evidence of Identity

In addition to any other penalty provided in this chapter, the furnishing of false information or offering false evidence of identity is a violation of section 4904 (relating to unsworn falsification to authorities).

(Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)

§6117 - Altering or Obliterating Marks of Identification
  1. "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).
  2. Presumption.-- (Deleted by amendment).
  3. "Penalty".-- A violation of this section constitutes a felony of the second degree.
  4. Appellate review.-- (Deleted by amendment).

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.; Oct. 17, 2008, P.L.1628, No.131, eff. 60 days)

§6118 - Antique Firearms
  1. General rule.-- This subchapter shall not apply to antique firearms.
  2. 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.
  3. 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:
      1. is not designed or redesigned for using rimfire or conventional center fire fixed ammunition; or
      2. uses rimfire or conventional center fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

(July 16, 1979, P.L.116, No.47, eff. 60 days; Dec. 20, 1983, P.L.291, No.78, eff. imd.; June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.)

Cross References. Section 6118 is referred to in sections 6110.2, 6142 of this title.

§6119 - Violation Penalty

Except as otherwise specifically provided, an offense under this subchapter constitutes a misdemeanor of the first degree.

(Dec. 7, 1989, P.L.607, No.68, eff. 60 days)

Cross References. Section 6119 is referred to in section 6111 of this title.

§6120 - (2014) Limitation on the Regulation of Firearms and Ammunition
  1. 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.

    a.2. Relief.-- A person adversely affected by an ordinance,a resolution, regulation, rule, practice or any other actionpromulgated or enforced by a county, municipality or townshipprohibited under subsection (a) or 53 Pa.C.S. § 2962(g)(relating to limitation on municipal powers) may seekdeclaratory or injunctive relief and actual damages in anappropriate court.

    a.3 Reasonable expenses.-- A court shall award reasonableexpenses to a person adversely affected in an action undersubsection (a.2) for any of the following:

    1. A final determination by the court is granted infavor of the person adversely affected.
    2. The regulation in question is rescinded, repealed orotherwise abrogated after suit has been filed undersubsection (a.2) but before the final determination by thecourt.
  2. Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
    1. "Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.
    2. "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).
    3. "Person adversely affected." Any of the following:
      1. A resident of this Commonwealth who may legally possess a firearm under Federal and State law.
      2. A person who otherwise has standing under the laws of this Commonwealth to bring an action under subsection(a.2).
      3. A membership organization, in which a member is a person described under paragraph (1) or (2).
    4. "Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.
    5. "Reasonable expenses." The term includes, but is not limited to, attorney fees, expert witness fees, court costs and compensation for loss of income.

(Oct. 18, 1974, P.L.768, No.260, eff. imd.; Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Oct. 4, 1994, P.L.571, No.84, eff. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. imd; 2014, P.L. 4318, No. 192)

§6121 - Certain Bullets Prohibited
  1. 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).
  2. Grading.-- An offense under this section constitutes a felony of the third degree.
  3. 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.
  4. 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.

(Dec. 21, 1984, P.L.1210, No.230, eff. imd.)

1984 Amendment. Act 230 added section 6121.

§6122 - Proof of License and Exception
  1. 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.
  2. Exception.-An individual carrying a firearm on or about his person or in a vehicle and claiming an exception under section 6106(b) (relating to firearms not to be carried without a license) shall, upon lawful demand of a law enforcement officer, produce satisfactory evidence of qualification for exception.

(Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Apr. 22, 1997, P.L.73, No.5, eff. 60 days)

1997 Amendment. Act 5 amended subsec. (a).
1988 Amendment. Act 158 added section 6122.

§6123 - Waiver of Disability or Pardons

A waiver of disability from Federal authorities as provided for in 18 U.S.C. §925 (relating to exceptions; relief from disabilities), a full pardon from the Governor or an overturning of a conviction shall remove any corresponding disability under this subchapter except the disability under section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms).

(Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.)

Cross References. Section 6123 is referred to in section 6109 of this title.

§6124 - Administrative Regulations
  1. 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.

(Dec. 19, 1988, P.L.1275, No.158, eff. 180 days)

1988 Amendment. Act 158 added section 6124.

§6125 - Distribution of Uniform Firearm Laws and Firearm Safety Brochures

It shall be the duty of the Pennsylvania State Police beginning January 1, 1996, to distribute to every licensed firearm dealer in this Commonwealth firearms safety brochures at no cost to the dealer. The brochures shall be written by the Pennsylvania State Police, with the cooperation of the Pennsylvania Game Commission, and shall include a summary of the major provisions of this subchapter, including, but not limited to, the duties of the sellers and purchasers and the transferees of firearms. The brochure or a copy thereof shall be provided without a charge to each purchaser.

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.)

Cross References. Section 6125 is referred to in section 6111.1 of this title.

§6126 - Firearms Background Check Advisory Committee. (Expired)

2002 Expiration. Section 6126 expired November 30, 2002. See Act 101 of 2001.

§6127 - Firearm Tracing
  1. "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.
  2. "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).
  3. "Notification".-- Local law enforcement agencies shall advise the Pennsylvania State Police of all firearms that are recovered in accordance with this section.

2008 Amendment. Act 131 amended subsec. (a).
2007 Amendment. Act 41 added section 6127.

Subchapter B - Firearms Generally

§6141 - Purchase of Firearms in Contiguous States. (Repealed)

1997 Repeal Note. Section 6141 was repealed April 22, 1997, P.L.73, No.5, effective in 60 days.

§6141.1 - Purchase of 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.

(Apr. 22, 1997, P.L.73, No.5, eff. 60 days)

1997 Amendment. Act 5 added section 6141.1.

§6142 - Locking Device for Firearms.
  1. 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.
  2. 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.
  3. Penalties.-A violation of the provisions of this section shall be a summary offense.
  4. 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.
  5. 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.
  6. Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
  7. "Licensee." Any licensed manufacturer, importer or dealer of firearms. "Locking device." Either of the following:
    1. a device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device; or
    2. a device that is incorporated into the design of a firearm and that is designed to prevent the operation of the firearm by anyone not having access to the device.

(Dec. 15, 1999, P.L.915, No.59, eff. 60 days)

1999 Amendment. Act 59 added section 6142.

Cross References. Section 6142 is referred to in section 6108.3 of Title 23 (Domestic Relations).

Subchapter D - Straw Purchase Prevention Education Program

§6181 - Scope of subchapter

This subchapter provides for the establishment of the Straw Purchase Prevention Education Program within the Office of Attorney General.

§6182 - Legislative findings and declarations

The General Assembly finds and declares that:

  1. The illegal purchase of firearms throughout this Commonwealth is a threat to public safety and security.
  2. Urban areas are experiencing increased violence as a result of criminal misuse of firearms. Stemming the flow of these illegal firearms through straw purchases will help to curb the crime rate throughout this Commonwealth and increase public safety.
  3. Educating the public that illegally purchasing a firearm for someone otherwise prohibited from possessing one is a serious crime and punishable under Federal law by ten years' imprisonment advances public safety.
  4. Committed to educating firearms dealers and the general public, the National Shooting Sports Foundation, in partnership with the Bureau of Alcohol, Tobacco, Firearms and Explosives, in July 2000 created the "Don't Lie for the Other Guy Program."
  5. The "Don't Lie for the Other Guy Program" was developed to raise public awareness that it is a serious crime to purchase a firearm for someone who cannot legally do so and to educate firearms dealers on how to better detect and deter potential straw purchases. The campaign delivers the message that anyone attempting an illegal firearm purchase faces a stiff Federal penalty.
  6. The "Don't Lie for the Other Guy Program" is vital to educating federally licensed firearms dealers and their employees on how to recognize and deter the illegal purchase of firearms through straw purchases. This program is an important tool for the Bureau of Alcohol, Tobacco, Firearms and Explosives to pursue its mission of preventing terrorism, reducing violent crime and protecting the public.
  7. The nationally recognized "Don't Lie for the Other Guy Program" has been endorsed by United States attorneys throughout the nation, various law enforcement agencies, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Department of Justice.
  8. It is in the best interest of this Commonwealth to establish a straw purchase prevention education program within the Office of Attorney General to provide resources and direct grant money to the "Don't Lie for the Other Guy Program" and similar programs that offer straw purchase prevention education.
§6183 - Definitions

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Fund." The Straw Purchase Prevention Education Fund established in section 6186 (relating to Straw Purchase Prevention Education Fund).

"Program." The Straw Purchase Prevention Education Program established in section 6184 (relating to Straw Purchase Prevention Education Program).

§6184 - Straw Purchase Prevention Education Program
  1. Establishment.--The Straw Purchase Prevention Education Program is established and shall provide resources and direct grant money to underwrite the cost of implementing an educational and public service outreach program in the community.
  2. Outreach.--The educational and public service outreach program shall inform individuals of the illegal nature of purchasing a firearm for an individual prohibited from owning firearms. The outreach program shall be developed by a not-for-profit organization which:
    1. Is a national trade association representing the shooting, hunting and firearm industry.
    2. Has a membership consisting of firearm manufacturers, firearm distributors, firearm retailers, publishers and sportsmen's organizations.
    3. Has been in existence for at least 45 years prior to the effective date of this section.
  3. Priority of grants.--Grants shall be prioritized based on the highest incidence of firearm violence in a county of this Commonwealth.

Cross References. Section 6184 is referred to in sections 6183, 6185 of this title.

§6185 - Powers and duties of Attorney General

In addition to any other powers and duties, the Attorney General of the Commonwealth shall:

  1. Establish a grant program to provide moneys from the fund pursuant to section 6184 (relating to Straw Purchase Prevention Education Program).
  2. Promulgate rules and regulations to carry out the provisions of this subchapter.
§6186 - Straw Purchase Prevention Education Fund
  1. Establishment.--The Straw Purchase Prevention Education Fund is hereby established in the State Treasury as a restricted account. The fund shall consist of funds appropriated by the General Assembly.
  2. Continuing appropriation.--All moneys in the fund and the interest accruing thereon are hereby appropriated to the Office of Attorney General on a continuing basis to carry out the provisions of this subchapter.

Cross References. Section 6186 is referred to in section 6183 of this title.

§6187 - Transfer for initial funding

The sum of $100,000 is hereby transferred from the General Fund to the Straw Purchase Prevention Education Fund for expenditure during the fiscal year July 1, 2009, to June 30, 2010, to carry out the provisions of this subchapter.

CHAPTER 63 - Minors

§6301 - Corruption of Minors
  1. Offense defined.--
      1. Except as provided in subparagraph (ii), 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, commits a misdemeanor of the first degree.
      2. Whoever, being of the age of 18 years and upwards, by any course of conduct in violation of Chapter 31 (relating to sexual offenses) 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 an offense under Chapter 31 commits a felony of the third degree.
    1. Any person who knowingly aids, abets, entices or encourages a minor younger than 18 years of age to commit truancy commits a summary offense. Any person who violates this paragraph within one year of the date of a first conviction under this section commits a misdemeanor of the third degree. A conviction under this paragraph shall not, however, constitute a prohibition under section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms).
  2. 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.
  3. 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.
  4. 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.

July 1, 1978, P.L.573, No.104, eff. 60 days; July 11, 1996, P.L.552, No.98, eff. 60 days; Oct. 7, 2010, P.L.482, No.69, eff. 60 days)

2010 Amendment. Act 69 amended subsec. (a)(1).
1996 Amendment. Act 98 amended subsec. (a).
1978 Amendment. Act 104 added present section 6301. Former section 6301, relating to the same subject matter, was repealed November 28, 1973, P.L.341, No.117.

Cross References. Section 6301 is referred to in section 6105 of this title; section 3304 of Title 5 (Athletics and Sports); sections 5329, 6344 of Title 23 (Domestic Relations); sections 5552, 9718.1, 9799.14 of Title 42 (Judiciary and Judicial Procedure).

§6302 - Sale or Lease of Weapons or Explosives
  1. 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.
  2. Exception.-- The provisions of subsection (a) shall not prohibit hunting by minors under 18 years of age permitted under Title 34 (relating to game).

(July 8, 1986, P.L.442, No.93, eff. July 1, 1987)

Cross References. Section 6302 is referred to in section 6105 of this title.

§6303 - Sale of Starter Pistols
  1. 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.
  2. 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.
§6304 - Sale and Use of Air Rifles
  1. 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.
  2. 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.
  3. 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:
      1. kept within his domicile;
      2. 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
      3. 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:
      1. By wholesale dealers or jobbers.
      2. To be shipped out of this Commonwealth.
      3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. Definitions.-- As used in this section the following words and phrases shall have the meanings given to them in this subsection:
  8. "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.
  9. "Dealer." Any person engaged in the business of selling at retail or renting any air rifles.

(Dec. 22, 2005, P.L.449, No.85, eff. 60 days)

2005 Amendment. Act 85 amended subsec. (g).

Cross References. Section 6304 is referred to in section 6120 of this title.

Part III - Miscellaneous Provisions

CHAPTER 91 - Criminal History Record Information

Subchapter C - Dissemination of Criminal History Record Information

§9122 - Expungement
  1. Specific proceedings.-- Criminal history record information shall be expunged in a specific criminal proceeding when:
    1. 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
    2. a court order requires that such nonconviction data be expunged.
    3. a person 21 years of age or older who has been convicted of a violation of section 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages), which occurred on or after the day the person attained 18 years of age, petitions the court of common pleas in the county where the conviction occurred seeking expungement and the person has satisfied all terms and conditions of the sentence imposed for the violation, including any suspension of operating privileges imposed pursuant to section 6310.4 (relating to restriction of operating privileges). Upon review of the petition, the court shall order the expungement of all criminal history record information and all administrative records of the Department of Transportation relating to said conviction.
  2. Generally.-- Criminal history record information may be expunged when:
    1. 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
    2. an individual who is the subject of the information has been dead for three years.
    1. 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:
    2. 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).
  3. 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.
  4. 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.
  5. Public records.-- Public records listed in section 9104(a) (relating to scope) shall not be expunged.
  6. 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).

(June 11, 1982, P.L.476, No.138, eff. 180 days; Oct. 16, 1996, P.L.715, No.128, eff. 60 days; Apr. 22, 1997, P.L.73, No.5, eff. 60 days; Nov. 29, 2004, P.L.1349, No.173, eff. 60 days Nov. 26, 2008, P.L.1670, No.134, eff. 60 days; Oct. 25, 2012, P.L.1655, No.204, eff. 60 days)

2012 Amendment. Act 204 amended subsecs. (a)(3) and (d).
2008 Amendment. Act 134 amended subsecs. (b), (b.1) and (c).
2004 Amendment. Act 173 amended subsec. (a).
1982 Amendment. Act 138 amended subsec. (f).

Cross References. Section 9122 is referred to in section 9102 of this title.

TITLE 23 - DOMESTIC RELATIONS

Part VII - Abuse Of Family

CHAPTER 61 - Protection from Abuse

§6102 - Definitions
  1. General rule.--The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
    1. "Abuse." The occurrence of one or more of the following acts between family or household members, sexual or intimate partners or persons who share biological parenthood:
      1. Attempting to cause or intentionally, knowingly or recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest with or without a deadly weapon.
      2. Placing another in reasonable fear of imminent serious bodily injury.
      3. The infliction of false imprisonment pursuant to 18 Pa.C.S. §2903 (relating to false imprisonment).
      4. Physically or sexually abusing minor children, including such terms as defined in Chapter 63 (relating to child protective services).
      5. Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person, without proper authority, under circumstances which place the person in reasonable fear of bodily injury. The definition of this paragraph applies only to proceedings commenced under this title and is inapplicable to any criminal prosecutions commenced under Title 18 (relating to crimes and offenses).
    2. "Adult." An individual who is 18 years of age or older.
    3. "Certified copy." A paper copy of the original order of the issuing court endorsed by the appropriate clerk of that court or an electronic copy of the original order of the issuing court endorsed with a digital signature of the judge or appropriate clerk of that court. A raised seal on the copy of the order of the issuing court shall not be required.
    4. "Comparable court." A foreign court that:
      1. has subject matter jurisdiction and is authorized to issue ex parte, emergency, temporary or final protection orders in that jurisdiction; and
      2. possessed jurisdiction over the parties when the protection order was issued in that jurisdiction.
    5. "Confidential communications." All information, whether written or spoken, transmitted between a victim and a domestic violence counselor or advocate in the course of the relationship. The term includes information received or given by the domestic violence counselor or advocate in the course of the relationship, as well as advice, reports, statistical data, memoranda or working papers, records or the like, given or made in the course of the relationship. The term also includes communications made by or to a linguistic interpreter assisting the victim, counselor or advocate in the course of the relationship.
    6. "Domestic violence counselor/advocate." An individual who is engaged in a domestic violence program, the primary purpose of which is the rendering of counseling or assistance to victims of domestic violence, who has undergone 40 hours of training.
    7. "Domestic violence program." A nonprofit organization or program whose primary purpose is to provide services to domestic violence victims which include, but are not limited to, crisis hotline; safe homes or shelters; community education; counseling systems intervention and interface; transportation, information and referral; and victim assistance.
    8. "Family or household members." Spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.
    9. "Firearm." 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 as defined by 18 Pa.C.S. §6105(i) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms).
    10. "Foreign protection order." A protection order as defined by 18 U.S.C. §2266 (relating to definitions) issued by a comparable court of another state, the District of Columbia, Indian tribe or territory, possession or commonwealth of the United States.
    11. "Hearing officer." A magisterial district judge, judge of the Philadelphia Municipal Court, arraignment court magistrate appointed under 42 Pa.C.S. §1123 (relating to jurisdiction and venue), master appointed under 42 Pa.C.S. §1126 (relating to masters) and master for emergency relief.
    12. "Master for emergency relief." A member of the bar of the Commonwealth appointed under section 6110(e) (relating to emergency relief by minor judiciary).
    13. "Minor." An individual who is not an adult.
    14. "Other weapon." Anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have. The term does not include a firearm.
    15. "Safekeeping permit." A permit issued by a sheriff allowing a person to take possession of any firearm, other weapon or ammunition that a judge ordered a defendant to relinquish in a protection from abuse proceeding.
    16. "Secure visitation facility." A court-approved visitation program offered in a facility with trained professional staff operated in a manner that safeguards children and parents from abuse and abduction.
    17. "Sheriff."
      1. Except as provided in paragraph (2), the sheriff of the county.
      2. In a city of the first class, the chief or head of the police department.
    18. "Victim." A person who is physically or sexually abused by a family or household member. For purposes of section 6116 (relating to confidentiality), a victim is a person against whom abuse is committed who consults a domestic violence counselor or advocate for the purpose of securing advice, counseling or assistance. The term shall also include persons who have a significant relationship with the victim and who seek advice, counseling or assistance from a domestic violence counselor or advocate regarding abuse of the victim.
    19. "Weapon." Anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have. The term includes a firearm which is not loaded or lacks a magazine, clip or other components to render it immediately operable and components which can readily be assembled into a weapon as defined by 18 Pa.C.S. §907 (relating to possessing instruments of crime).
  2. Other terms.--Terms not otherwise defined in this chapter shall have the meaning given to them in 18 Pa.C.S. (relating to crimes and offenses).

(Oct. 6, 1994, P.L.574, No.85, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; June 22, 2001, P.L.576, No.39, eff. 60 days; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days; Oct. 9, 2008, P.L.1352, No.98, eff. 60 days)

2008 Amendment. Act 98 amended the def. of "hearing officer" in subsec. (a). Section 10 of Act 98 provided that nothing in Act 98 shall be construed or deemed to provide arraignment court magistrates with retirement benefits or rights different from those availiable to bail commissioners immediately prior to the effective date of Act 98.
2005 Amendment. Act 66 amended the defs. of "confidential communications" and "hearing officer" and added the defs. of "firearm," "master for emergency relief," "other weapon," "safekeeping permit," "sheriff" and "weapon" in subsec. (a).
2004 Amendment. See sections 28 and 29 of Act 207 in the appendix to this title for special provisions relating to applicability and construction of law.
2001 Amendment. Act 39 added the defs. of "certified copy," "comparable court" and "foreign protection order" in subsec. (a).
1995 Amendment. Act 10, 1st Sp.Sess., amended the def. of "abuse" in subsec. (a).

Cross References. Section 6102 is referred to in sections 3701, 5322, 6702, 6711 of this title; sections 2711, 6102 of Title 18 (Crimes and Offenses); sections 1726.2, 8127 of Title 42 (Judiciary and Judicial Procedure).

§6103 - Jurisdiction
  1. General rule.--The court shall have jurisdiction over all proceedings under this chapter.
  2. Effect of departure and nonresidence.--The right of the plaintiff to relief under this chapter shall not be affected by either of the following:
    1. The plaintiff's leaving the residence or household to avoid further abuse.
    2. The defendant's absence from this Commonwealth or the defendant's nonresidence in this Commonwealth, provided that the court has personal jurisdiction over the defendant in accordance with 42 Pa.C.S. §5322 (relating to bases of personal jurisdiction over persons outside this Commonwealth).

(Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

§6104 - Full faith and credit and foreign protection orders
  1. General rule.--A court shall recognize and enforce a valid foreign protection order issued by a comparable court. The validity of a foreign protection order shall only be determined by a court.
  2. Affirmative defense.--Failure by a comparable court to provide reasonable notice and opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of a foreign protection order. A comparable court shall have complied with that court's notice requirements and shall have given the defendant the opportunity to be heard before the foreign order was issued. In the case of ex parte orders, the comparable court shall have complied with that court's notice requirements and have given the defendant an opportunity to be heard within a reasonable period of time after the order was issued, consistent with due process.
  3. Invalid orders.--A foreign protection order issued by a comparable court against a party who has filed a petition, complaint or other written pleading for a protection order is not valid and not entitled to full faith and credit if:
    1. no cross or counter petition, complaint or other written pleading was filed seeking the protection order; or
    2. a cross or counter petition, complaint or other written pleading was filed and the court did not make a specific finding that each party was entitled to a protection order.
  4. Filing a foreign protection order.--A plaintiff may file a certified copy of a foreign protection order with the prothonotary in any county within this Commonwealth where the plaintiff believes enforcement may be necessary. The following provisions shall apply:
    1. No costs or fees associated with filing a foreign protection order shall be assigned to the plaintiff, including the cost of obtaining certified copies of the order. Costs and fees associated with filing a foreign protection order may be assessed against the defendant.
    2. Upon filing of a foreign protection order, a prothonotary shall transmit, in a manner prescribed by the Pennsylvania State Police, a copy of the order to the Pennsylvania State Police registry of protection orders.
    3. Filing of a foreign protection order shall not be a prerequisite for service and enforcement.
  5. Orders issued in another judicial district within this Commonwealth.--The filing of an order issued in another judicial district within this Commonwealth is not required for enforcement purposes.

(Oct. 6, 1994, P.L.574, No.85, eff. 60 days; June 22, 2001, P.L.576, No.39, eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

2005 Amendment. Act 66 amended subsec. (d).

Cross References. Section 6104 is referred to in section 6105 of this title.

§6105 - Responsibilities of law enforcement agencies
  1. General rule.--The police department of each municipal corporation, the Pennsylvania State Police and the sheriff of each county shall insure that all their officers, deputies and employees are familiar with the provisions of this chapter. Instruction concerning protection from abuse shall be made a part of the training curriculum for all trainee officers and deputies. All law enforcement agencies within this Commonwealth shall adopt a written domestic violence policy.
  2. Notice of services and rights.--Each law enforcement agency shall provide the abused person with oral and written notice of the availability of safe shelter and of domestic violence services in the community, including the hotline number for domestic violence services. The written notice, which shall be in English and Spanish and any additional language required by local rule of court, shall include the following statement:

    "If you are the victim of domestic violence, you have the right to go to court and file a petition requesting an order for protection from domestic abuse pursuant to the Protection From Abuse Act (23 Pa.C.S. Ch. 61), which could include the following:

    1. An order restraining the abuser from further acts of abuse.
    2. An order directing the abuser to leave your household.
    3. An order preventing the abuser from entering your residence, school, business or place of employment.
    4. An order awarding you or the other parent temporary custody of or temporary visitation with your child or children.
    5. An order directing the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so."
  3. Mandatory report.--Each law enforcement agency shall make an incident report, on a form prescribed by the Pennsylvania State Police, consistent with the report required by the Federal National Incident-Based Reporting System (NIBRS). The mandate for incident report completion shall not be operative until the Pennsylvania State Police have implemented NIBRS. The incident report may include the following:
    1. Names, addresses and telephone numbers of the victim, the accused, any witnesses and the caller.
    2. A second permanent address and telephone number for the victim, such as a close family member or a friend.
    3. A statement of the relationship between the victim and the accused.
    4. A narrative for the incident, including the date, time and whether the accused appeared intoxicated or under the influence of a controlled substance.
    5. What, if any, weapons were used or threatened to be used.
    6. A description of any injuries observed by the officer.
    7. A description of any injuries described by the victim but not observed by the officer and an indication that the injury was not observed.
    8. Documentation of any evidence that would tend to establish that a crime was committed.
    9. An indication of whether an arrest was made and the reason for electing not to arrest, whether there was a warrantless arrest, an arrest with a warrant or no arrest.
    10. Whether the accused actually was arrested or whether there is an outstanding arrest warrant.
    11. The crimes with which the accused was charged.
    12. If the accused was arrested and arraigned, whether bail was set and any conditions of bail imposed.
    13. If the officer did not arrest or seek an arrest warrant even though arrest was authorized, a detailed explanation of the reasons for the officer's decision not to arrest.
    14. The names and ages of any children present in the household and their address and telephone number if children were relocated.
    15. Notation of previous incidents of which the officer is personally aware.
    16. Notation of previous incidents reported by the victim or witnesses.
    17. If an officer was injured in the incident, the nature and circumstances of the injury.
  4. Notice of arrest.--All law enforcement agencies shall make reasonable efforts to notify any adult or emancipated minor protected by an order issued under this chapter of the arrest of the defendant for violation of an order as soon as possible. Unless the person cannot be located, notice of the arrest shall be provided not more than 24 hours after preliminary arraignment.
  5. Statewide registry.--
    1. The Pennsylvania State Police shall establish a Statewide registry of protection orders and shall maintain a complete and systematic record and index of all valid temporary and final court orders of protection, court-approved consent agreements and a foreign protection order filed pursuant to section 6104(d) (relating to full faith and credit and foreign protection orders). The Statewide registry shall include, but need not be limited to, the following:
      1. The names of the plaintiff and any protected parties.
      2. The name and address of the defendant.
      3. The relationship between the plaintiff and defendant.
      4. The date the order was entered.
      5. The date the order expires.
      6. The relief granted under sections 6108(a)(1), (2), (4), (6) and (7) (relating to relief) and 6110(a) (relating to emergency relief by minor judiciary).
      7. The judicial district in which the order was entered.
      8. Where furnished, the Social Security number and date of birth of the defendant.
      9. Whether or not any or all firearms, other weapons or ammunition were ordered relinquished.
    2. The prothonotary shall send, on a form prescribed by the Pennsylvania State Police, a copy of the protection order or approved consent agreement to the Statewide registry of protection orders so that it is received within 24 hours of the entry of the order. Likewise, amendments to or revocation of an order shall be transmitted by the prothonotary within 24 hours of the entry of the order for modification or revocation. The Pennsylvania State Police shall enter orders, amendments and revocations in the Statewide registry of protection orders within eight hours of receipt. Vacated or expired orders shall be purged from the registry.
    3. The registry of the Pennsylvania State Police shall be available at all times to inform courts, dispatchers and law enforcement officers of any valid protection order involving any defendant.
    4. When an order granting relief under section 6108(a)(7) has been entered by a court, such information shall be available to the Pennsylvania State Police for the purpose of conducting a criminal history records check in compliance with the applicable provisions of 18 Pa.C.S. Ch. 61 Subch. A (relating to Uniform Firearms Act).
    5. Information contained in the Statewide registry shall not be subject to access under the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law.
  6. Information concerning crimes of violence.--Each police department in a city, borough or township and the Pennsylvania State Police shall transmit to the Pennsylvania State Police, in a manner prescribed by the Pennsylvania State Police, the information specified in subsection (c) related to crimes of violence between family or household members.
  7. Annual report.--The Pennsylvania State Police shall annually compile and analyze the incident report data received and publish a Statewide report which includes aggregate, county and department-based statistical profiles. The Pennsylvania State Police shall transmit a copy of the annual report to the Governor, the General Assembly and each domestic violence program in this Commonwealth.
  8. Enforcement of foreign protection orders.--
    1. All foreign protection orders shall have the presumption of validity in this Commonwealth, and police officers shall make arrests for violations thereof in the same manner as set for violations of protection orders issued within this Commonwealth. Until a foreign order is declared to be invalid by a court, it shall be enforced by all law enforcement personnel in this Commonwealth.
    2. A police officer shall rely upon any copy of a foreign protection order which has been presented to the officer by any source and may verify the existence of a protection order consistent with the provisions of section 6113(a) (relating to arrest for violation of order). The fact that a foreign protection order has not been filed with a prothonotary or entered into the Pennsylvania State Police registry shall not be grounds for law enforcement to refuse to enforce the order.
  9. Immunity.--The following entities shall be immune from civil liability for good faith conduct in any action arising in connection with a court's finding that the foreign order is invalid or unenforceable:
    1. Law enforcement agencies and their agents and employees.
    2. County correctional and detention facilities and their agents and employees.
    3. Prothonotaries and their agents and employees.

(Oct. 6, 1994, P.L.574, No.85, eff. 60 days; Dec. 16, 1997, P.L.549, No.58, eff. 60 days; June 22, 2001, P.L.576, No.39, eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

2005 Amendment. Act 66 amended subsec. (e).
2001 Amendment. Act 39 amended subsec. (e)(1) and added subsecs. (h) and (i).

References in Text. The act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, referred to in subsec. (e)(5), was repealed by the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

Cross References. Section 6105 is referred to in sections 6106, 6109, 6114 of this title.

§6106 - Commencement of proceedings
  1. General rule.--An adult or an emancipated minor may seek relief under this chapter for that person or any parent, adult household member or guardian ad litem may seek relief under this chapter on behalf of minor children, or a guardian of the person of an adult who has been declared incompetent under 20 Pa.C.S. Ch. 51 Subch. B (relating to appointment of guardian) may seek relief on behalf of the incompetent adult, by filing a petition with the court alleging abuse by the defendant.

    a.1. False reports.--A person who knowingly gives false information to any law enforcement officer with the intent to implicate another under this chapter commits an offense under 18 Pa.C.S. §4906 (relating to false reports to law enforcement authorities).

    a.2. Notification of defendant's occupation.--The plaintiff shall notify the court if the plaintiff has reason to believe that the defendant is a licensed firearms dealer, is employed by a licensed firearms dealer or manufacturer, is employed as a writer, researcher or technician in the firearms or hunting industry or is required to carry a firearm as a condition of employment.

  2. Plaintiff fees not permitted.--No plaintiff seeking relief under this chapter shall be charged any fees or costs associated with the filing, issuance, registration or service of a petition, motion, complaint, order or any other filing. Prohibited fees or costs shall include, but are not limited to, those associated with modifying, withdrawing, dismissing or certifying copies of a petition, motion, complaint, order or any other filing, as well as any judicial surcharge or computer system fee. No plaintiff seeking relief under this chapter shall be charged any fees or costs associated with filing a motion for reconsideration or an appeal from any order or action taken pursuant to this chapter. Nothing in this subsection is intended to expand or diminish the court's authority to enter an order pursuant to Pa.R.C.P. No. 1023.1 (relating to Scope. Signing of Documents. Representations to the Court. Violation).
  3. Assessment of fees and costs against the defendant.--When an order is granted pursuant to this chapter, fees and costs shall be assessed against the defendant. The court shall waive fees and costs upon a showing of good cause or when the court makes a finding that the defendant is not able to pay the costs. Nothing in this subsection is intended to expand or diminish the court's authority to enter an order pursuant to Pa.R.C.P. No. 1023.1.
  4. Surcharge on order.--When a protection order is granted under section 6107(a) (relating to hearings), other than pursuant to an agreement of the parties, a surcharge of $100 shall be assessed against the defendant. All moneys received from surcharges shall be distributed in the following order of priority:
    1. $25 shall be forwarded to the Commonwealth and shall be appropriated to the Pennsylvania State Police to establish and maintain the Statewide registry of protection orders provided for in section 6105.
    2. $50 shall be retained by the county and shall be used to carry out the provisions of this chapter as follows:
      1. $25 shall be used by the sheriff.
      2. $25 shall be used by the court.
    3. $25 shall be forwarded to the Department of Public Welfare for use for victims of domestic violence in accordance with the provisions of section 2333 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.
    d.1. Limitation.--The surcharge allocated under subsection (d)(1) and (3) shall be used to supplement and not to supplant any other source of funds received for the purpose of carrying out the provisions of this chapter.
  5. Court to adopt means of service.--The court shall adopt a means of prompt and effective service in those instances where the plaintiff avers that service cannot be safely effected by an adult individual other than a law enforcement officer or where the court so orders.
  6. Service by sheriff.--If the court so orders, the sheriff or other designated agency or individual shall serve the petition and order.
  7. Service of petition and orders.--The petition and orders shall be served upon the defendant, and orders shall be served upon the police departments and sheriff with appropriate jurisdiction to enforce the orders. Orders shall be promptly served on the police and sheriff. Failure to serve shall not stay the effect of a valid order.

    g.1. Service of original process of a foreign protection order.--No plaintiff or petitioner shall be charged any costs or fees associated with the service of original process of a foreign protection order. Costs or fees associated with the service of original process of a foreign protection order may be assessed against the defendant.

  8. Assistance and advice to plaintiff.--The courts and hearing officers shall:
    1. Provide simplified forms and clerical assistance in English and Spanish to help with the writing and filing of the petition for a protection order for an individual not represented by counsel.
    2. Provide the plaintiff with written and oral referrals, in English and Spanish, to the local domestic violence program, to the local legal services office and to the county bar association's lawyer referral service.

(Oct. 6, 1994, P.L.574, No.85, eff. 60 days; June 22, 2001, P.L.576, No.39, eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

2005 Amendment. Act 66 amended subsecs. (b), (c), (d), (g) and (g.1) and added subsecs. (a.2) and (d.1).

Cross References. Section 6106 is referred to in sections 6108, 6110 of this title.

§6107 - Hearings
  1. General rule.--Within ten business days of the filing of a petition under this chapter, a hearing shall be held before the court, at which the plaintiff must prove the allegation of abuse by a preponderance of the evidence. The court shall, at the time the defendant is given notice of the hearing, advise the defendant of the right to be represented by counsel, of the possibility that any firearm, other weapon or ammunition owned and any firearm license possessed may be ordered temporarily relinquished, of the options for relinquishment of a firearm pursuant to this chapter, of the possibility that Federal law may prohibit the possession of firearms, including an explanation of 18 U.S.C. §922(g)(8) (relating to unlawful acts), and that any protection order granted by a court may be considered in any subsequent proceedings under this title. This notice shall be printed and delivered in a manner which easily attracts attention to its content and shall specify that child custody is one of the proceedings where prior protection orders may be considered.
  2. Temporary orders.--
    1. If a plaintiff petitions for temporary order for protection from abuse and alleges immediate and present danger of abuse to the plaintiff or minor children, the court shall conduct an ex parte proceeding.
    2. The court may enter such a temporary order as it deems necessary to protect the plaintiff or minor children when it finds they are in immediate and present danger of abuse. The order shall remain in effect until modified or terminated by the court after notice and hearing.
    3. In addition to any other relief, the court may, pursuant to section 6108 (relating to relief), direct that the defendant temporarily relinquish to the sheriff any firearms, other weapons or ammunition for the duration of the temporary order if the petition demonstrates any of the following:
      1. Abuse which involves a firearm or other weapon.
      2. An immediate and present danger of abuse. In determining whether an immediate and present danger of abuse exists, the court shall consider a number of factors, including, but not limited to:
        1. Whether the temporary order of protection from abuse is not likely to achieve its purpose in the absence of such a condition.
        2. Whether the defendant has previously violated a protection from abuse order.
        3. Whether past or present abuse to the plaintiff or any of the plaintiff's minor children resulted in injury.
        4. Whether the abuse occurred in public.
        5. Whether the abuse includes:
          1. threats of abuse or suicide;
          2. killing or threatening to kill pets;
          3. an escalation of violence;
          4. stalking or obsessive behavior;
          5. sexual violence; or
          6. drug or excessive alcohol use.
    4. If the court orders the defendant to temporarily relinquish any firearm, other weapon or ammunition pursuant to paragraph (3), the defendant shall decide in what manner the defendant is going to relinquish any firearm, other weapon or ammunition listed in the order. Relinquishment may be to the sheriff pursuant to section 6108(a)(7) or to a third party for safekeeping pursuant to section 6108.3 (relating to relinquishment to third party for safekeeping).
  3. Continued hearings.--If a hearing under subsection (a) is continued and no temporary order is issued, the court may make ex parte temporary orders under subsection (b) as it deems necessary.

(Oct. 6, 1994, P.L.574, No.85, eff. 60 days; Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

2005 Amendment. Act 66 amended subsecs. (a) and (b).

Cross References. Section 6107 is referred to in sections 6106, 6108 of this title.

§6108 - Relief
  1. General rule.--The court may grant any protection order or approve any consent agreement to bring about a cessation of abuse of the plaintiff or minor children. The order or agreement may include:
    1. Directing the defendant to refrain from abusing the plaintiff or minor children.
    2. Granting possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff if the residence or household is jointly owned or leased by the parties, is owned or leased by the entireties or is owned or leased solely by the plaintiff.
    3. If the defendant has a duty to support the plaintiff or minor children living in the residence or household and the defendant is the sole owner or lessee, granting possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff or, with the consent of the plaintiff, ordering the defendant to provide suitable alternate housing.
    4. Awarding temporary custody of or establishing temporary visitation rights with regard to minor children. In determining whether to award temporary custody or establish temporary visitation rights pursuant to this paragraph, the court shall consider any risk posed by the defendant to the children as well as risk to the plaintiff. The following shall apply:
      1. A defendant shall not be granted custody, partial custody or unsupervised visitation where it is alleged in the petition, and the court finds after a hearing under this chapter, that the defendant:
        1. abused the minor children of the parties or poses a risk of abuse toward the minor children of the parties; or
        2. has been convicted of violating 18 Pa.C.S. §2904 (relating to interference with custody of children) within two calendar years prior to the filing of the petition for protection order or that the defendant poses a risk of violating 18 Pa.C.S. §2904.
      2. Where the court finds after a hearing under this chapter that the defendant has inflicted abuse upon the plaintiff or a child, the court may require supervised custodial access by a third party. The third party must agree to be accountable to the court for supervision and execute an affidavit of accountability.
      3. Where the court finds after a hearing under this chapter that the defendant has inflicted serious abuse upon the plaintiff or a child or poses a risk of abuse toward the plaintiff or a child, the court may:
        1. award supervised visitation in a secure visitation facility; or
        2. deny the defendant custodial access to a child.
      4. If a plaintiff petitions for a temporary order under section 6107(b) (relating to hearings) and the defendant has partial, shared or full custody of the minor children of the parties by order of court or written agreement of the parties, the custody shall not be disturbed or changed unless the court finds that the defendant is likely to inflict abuse upon the children or to remove the children from the jurisdiction of the court prior to the hearing under section 6107(a). Where the defendant has forcibly or fraudulently removed any minor child from the care and custody of a plaintiff, the court shall order the return of the child to the plaintiff unless the child would be endangered by restoration to the plaintiff.
      5. Nothing in this paragraph shall bar either party from filing a petition for custody under Chapter 53 (relating to custody) or under the Pennsylvania Rules of Civil Procedure.
      6. In order to prevent further abuse during periods of access to the plaintiff and child during the exercise of custodial rights, the court shall consider, and may impose on a custody award, conditions necessary to assure the safety of the plaintiff and minor children from abuse.
    5. After a hearing in accordance with section 6107(a), directing the defendant to pay financial support to those persons the defendant has a duty to support, requiring the defendant, under sections 4324 (relating to inclusion of medical support) and 4326 (relating to mandatory inclusion of child medical support), to provide health coverage for the minor child and spouse, directing the defendant to pay all of the unreimbursed medical expenses of a spouse or minor child of the defendant to the provider or to the plaintiff when he or she has paid for the medical treatment, and directing the defendant to make or continue to make rent or mortgage payments on the residence of the plaintiff to the extent that the defendant has a duty to support the plaintiff or other dependent household members. The support order shall be temporary, and any beneficiary of the order must file a complaint for support under the provisions of Chapters 43 (relating to support matters generally) and 45 (relating to reciprocal enforcement of support orders) within two weeks of the date of the issuance of the protection order. If a complaint for support is not filed, that portion of the protection order requiring the defendant to pay support is void. When there is a subsequent ruling on a complaint for support, the portion of the protection order requiring the defendant to pay support expires.
    6. Prohibiting the defendant from having any contact with the plaintiff or minor children, including, but not limited to, restraining the defendant from entering the place of employment or business or school of the plaintiff or minor children and from harassing the plaintiff or plaintiff's relatives or minor children.
    7. Ordering the defendant to temporarily relinquish to the sheriff the defendant's other weapons and ammunition which have been used or been threatened to be used in an incident of abuse against the plaintiff or the minor children and the defendant's firearms and prohibiting the defendant from acquiring or possessing any firearm for the duration of the order and requiring the defendant to relinquish to the sheriff any firearm license issued under section 6108.3 (relating to relinquishment to third party for safekeeping) or 18 Pa.C.S. §6106 (relating to firearms not to be carried without a license) or 6109 (relating to licenses) the defendant may possess. A copy of the court's order shall be transmitted to the chief or head of the police force or police department of the municipality and to the sheriff of the county of which the defendant is a resident. When relinquishment is ordered, the following shall apply:
        1. The court's order shall require the defendant to relinquish such firearms, other weapons, ammunition and any firearm license pursuant to the provisions of this chapter within 24 hours of service of a temporary order or the entry of a final order or the close of the next business day as necessary by closure of the sheriffs' offices, except for cause shown at the hearing, in which case the court shall specify the time for relinquishment of any or all of the defendant's firearms.
        2. A defendant subject to a temporary order requiring the relinquishment of firearms, other weapons or ammunition shall, in lieu of relinquishing specific firearms, other weapons or ammunition which cannot reasonably be retrieved within the time for relinquishment in clause (A) due to their current location, provide the sheriff with an affidavit listing the firearms, other weapons or ammunition and their current location. If the defendant, within the time for relinquishment in clause (A), fails to provide the affidavit or fails to relinquish, pursuant to this chapter, any firearms, other weapons or ammunition ordered to be relinquished which are not specified in the affidavit, the sheriff shall, at a minimum, provide immediate notice to the court, the plaintiff and appropriate law enforcement authorities. The defendant shall not possess any firearms, other weapons or ammunition specifically listed in the affidavit provided to the sheriff pursuant to this clause for the duration of the temporary order.
        3. As used in this subparagraph, the term "cause" shall be limited to facts relating to the inability of the defendant to retrieve a specific firearm within 24 hours due to the current location of the firearm.
      1. The court's order shall contain a list of any firearm, other weapon or ammunition ordered relinquished. Upon the entry of a final order, the defendant shall inform the court in what manner the defendant is going to relinquish any firearm, other weapon or ammunition ordered relinquished. Relinquishment may occur pursuant to section 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or 6108.3 or to the sheriff pursuant to this paragraph. Where the sheriff is designated, the sheriff shall secure custody of the defendant's firearms, other weapons or ammunition and any firearm license listed in the court's order for the duration of the order or until otherwise directed by court order. In securing custody of the defendant's relinquished firearms, the sheriff shall comply with 18 Pa.C.S. §6105(f)(4) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms). In securing custody of the defendant's other weapons and ammunition, the sheriff shall provide the defendant with a signed and dated written receipt which shall include a detailed description of the other weapon or ammunition and its condition.
      2. The sheriff shall provide the plaintiff with the name of the person to which any firearm, other weapon or ammunition was relinquished.
      3. Unless the defendant has complied with subparagraph (i)(B) or section 6108.2 or 6108.3, if the defendant fails to relinquish any firearm, other weapon, ammunition or firearm license within 24 hours or upon the close of the next business day due to closure of sheriffs' offices or within the time ordered by the court upon cause being shown at the hearing, the sheriff shall, at a minimum, provide immediate notice to the court, the plaintiff and appropriate law enforcement agencies.
      4. Any portion of any order or any petition or other paper which includes a list of any firearm, other weapon or ammunition ordered relinquished shall be kept in the files of the court as a permanent record thereof and withheld from public inspection except:
        1. upon an order of the court granted upon cause shown;
        2. as necessary, by law enforcement and court personnel; or
        3. after redaction of information listing any firearm, other weapon or ammunition.
      5. As used in this paragraph, the term "defendant's firearms" shall, if the defendant is a licensed firearms dealer, only include firearms in the defendant's personal firearms collection pursuant to 27 CFR §478.125a (relating to personal firearms collection).
      7.1. If the defendant is a licensed firearms dealer, ordering the defendant to follow such restrictions as the court may require concerning the conduct of his business, which may include ordering the defendant to relinquish any Federal or State license for the sale, manufacture or importation of firearms as well as firearms in the defendant's business inventory. In restricting the defendant pursuant to this paragraph, the court shall make a reasonable effort to preserve the financial assets of the defendant's business while fulfilling the goals of this chapter.
    8. Directing the defendant to pay the plaintiff for reasonable losses suffered as a result of the abuse, including medical, dental, relocation and moving expenses; counseling; loss of earnings or support; costs of repair or replacement of real or personal property damaged, destroyed or taken by the defendant or at the direction of the defendant; and other out-of-pocket losses for injuries sustained. In addition to out-of-pocket losses, the court may direct the defendant to pay reasonable attorney fees. An award under this chapter shall not constitute a bar to litigation for civil damages for injuries sustained from the acts of abuse giving rise to the award or a finding of contempt under this chapter.
    9. Directing the defendant to refrain from stalking or harassing the plaintiff and other designated persons as defined in 18 Pa.C.S. §§2709 (relating to harassment) and 2709.1 (relating to stalking).
    10. Granting any other appropriate relief sought by the plaintiff.
  2. Identifying information.--Any order issued under this section shall, where furnished by either party, specify the Social Security number and date of birth of the defendant.
  3. Mutual orders of protection.--Mutual orders of protection shall not be awarded unless both parties have filed timely written petitions, complied with service requirements under section 6106 (relating to commencement of proceedings) and are eligible for protection under this chapter. The court shall make separate findings and, where issuing orders on behalf of both petitioners, enter separate orders.
  4. Duration and amendment of order or agreement.--A protection order or approved consent agreement shall be for a fixed period of time not to exceed three years. The court may amend its order or agreement at any time upon subsequent petition filed by either party.
  5. Extension of protection orders.--
    1. An extension of a protection order may be granted:
      1. Where the court finds, after a duly filed petition, notice to the defendant and a hearing, in accordance with the procedures set forth in sections 6106 and 6107, that the defendant committed one or more acts of abuse subsequent to the entry of the final order or that the defendant engaged in a pattern or practice that indicates continued risk of harm to the plaintiff or minor child.
      2. When a contempt petition or charge has been filed with the court or with a hearing officer in Philadelphia County, but the hearing has not occurred before the expiration of the protection order, the order shall be extended, at a minimum, until the disposition of the contempt petition and may be extended for another term beyond the disposition of the contempt petition.
    2. Service of an extended order shall be made in accordance with section 6109 (relating to service of orders).
    3. There shall be no limitation on the number of extensions that may be granted.
  6. Support procedure.--The domestic relations section shall enforce any support award in a protection order where the plaintiff files a complaint for support under subsection (a)(5).
  7. Notice.--Notice shall be given to the defendant, in orders issued under this section, stating that violations of an order will subject the defendant to arrest under section 6113 (relating to arrest for violation of order) or contempt of court under section 6114 (relating to contempt for violation of order or agreement). Resumption of coresidency on the part of the plaintiff and defendant shall not nullify the provisions of the court order.
  8. Title to real property unaffected.--No order or agreement under this chapter shall in any manner affect title to any real property.

(June 23, 1993, P.L.124, No.28, eff. imd.; Oct. 6, 1994, P.L.574, No.85, eff. 60 days; Dec. 16, 1997, P.L.549, No.58, eff. 60 days; May 10, 2000, P.L.35, No.10, eff. imd.; Dec. 9, 2002, P.L.1759, No.218, eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

References in Text. Chapter 45, referred to in subsec. (a)(5), was repealed by the act of April 4, 1996, P.L.58, No.20. The subject matter is now contained in Parts VIII and VIII-A of this title.

Former Chapter 53 (Custody), referred to in this section, is repealed. The subject matter is now contained in Chapter 53 (Child Custody).

Cross References. Section 6108 is referred to in sections 6105, 6107, 6108.2, 6108.3, 6108.5, 6110, 6113, 6117, 6120, 6303, 6711 of this title; sections 2709, 2709.1, 6105, 6106 of Title 18 (Crimes and Offenses).

§6108.1 - Return of relinquished firearms, other weapons and ammunition and additional relief
  1. General rule.--Any court order requiring the relinquishment of firearms, other weapons or ammunition shall provide for the return of the relinquished firearms, other weapons or ammunition to the defendant upon expiration of the order or dismissal of a petition for a protection from abuse order. The defendant may take custody of the firearms, other weapons and ammunition provided that the defendant is otherwise eligible to lawfully possess the relinquished items. The defendant shall not be required to pay any fees, costs or charges associated with the returns, whether those fees, costs or charges are imposed by the Pennsylvania State Police, any local law enforcement agency or any other entity, including a licensed importer, licensed manufacturer or licensed dealer in order to secure return of the relinquished firearms, other weapons or ammunition.
  2. Modification of court's order providing for return of relinquished firearm, other weapon or ammunition.--
    1. The defendant may petition the court to allow for the return of firearms, other weapons and ammunition to the defendant prior to the expiration of the court's order. The petition shall be served upon the plaintiff and the plaintiff shall be a party to the proceedings regarding that petition.
    2. Any other person may petition the court to allow for the return of that other person's firearms, other weapons and ammunition prior to the expiration of the court's order. The petition shall be served upon the plaintiff, and the plaintiff shall be given notice and an opportunity to be heard regarding that petition.
  3. Modification of court's order to provide for alternative means of relinquishing firearms, other weapons or ammunition.--The defendant may petition the court for modification of the order to provide for an alternative means of relinquishment in accordance with this chapter. The petition shall be served upon the plaintiff, and the plaintiff shall have an opportunity to be heard at the hearing as provided in subsection (d). Where the court orders a modification pursuant to this subsection providing for alternative means of relinquishment, the sheriff shall proceed as directed by the court.
  4. Hearing.--Within ten business days of the filing of any petition under this section, a hearing shall be held before the court.
  5. Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
    1. "Other person." Any person, except the defendant, who is the lawful owner of a firearm, other weapon or ammunition relinquished pursuant to this chapter.
    2. "Safekeeping." The secure custody of a firearm, other weapon or ammunition ordered relinquished by an active protection from abuse order.

(Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

2005 Amendment. Act 66 added section 6108.1.

Cross References. Section 6108.1 is referred to in section 6108.3 of this title; section 6105 of Title 18 (Crimes and Offenses).

§6108.2 - Relinquishment for consignment sale, lawful transfer or safekeeping
  1. General rule.--Notwithstanding any other provision of law, a defendant who is the subject of a final protection from abuse order, which order provides for the relinquishment of firearms, other weapons or ammunition during the period of time the order is in effect, may, within the time frame specified in the order and in lieu of relinquishment to the sheriff, relinquish to a dealer licensed pursuant to 18 Pa.C.S. §6113 (relating to licensing of dealers) any firearms, other weapons or ammunition for consignment sale, lawful transfer or safekeeping.
  2. Affidavit.--A defendant relinquishing firearms, other weapons or ammunition to a dealer pursuant to subsection (a) shall obtain an affidavit from the dealer on a form prescribed by the Pennsylvania State Police which shall include, at a minimum, the following:
    1. The caption of the case in which the protection from abuse order was issued.
    2. The name, address, date of birth and Social Security number of the defendant.
    3. A list of the firearms, other weapons or ammunition, including, if applicable, the manufacturer, model and serial number.
    4. The name and license number of the dealer licensed pursuant to 18 Pa.C.S. §6113 and the address of the licensed premises.
    5. An acknowledgment that the firearms, other weapons or ammunition will not be returned to the defendant or sold or transferred to a person the dealer knows is a member of the defendant's household, while the defendant is the subject of an active protection from abuse order pursuant to section 6108, which order provides for the relinquishment of the firearm, other weapon or ammunition being returned, sold or transferred.
    6. An acknowledgment that the firearms, other weapons or ammunition, if sold or transferred, will be sold or lawfully transferred in compliance with 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles).
  3. Failure to provide affidavit.--A defendant relinquishing firearms, other weapons or ammunition to a dealer pursuant to subsection (a) shall, within the time frame specified in the order for relinquishing firearms, other weapons or ammunition, provide to the sheriff the affidavit obtained pursuant to subsection (b) and relinquish to the sheriff any firearms, other weapons or ammunition ordered to be relinquished which are not specified in the affidavit, in an affidavit provided in accordance with section 6108(a)(7)(i)(B) (relating to relief) or in an acknowledgment of receipt from a third party provided to the sheriff pursuant to section 6108.3 (relating to relinquishment to third party for safekeeping). If the defendant fails to comply with this subsection, the sheriff shall, at a minimum, provide immediate notice to the court, the plaintiff and appropriate law enforcement agencies.
  4. Form.--The Pennsylvania State Police shall develop and make available a form to be used by dealers to accept possession of firearms, other weapons and ammunition for consignment sale, lawful transfer or safekeeping pursuant to this section.
  5. Transfer upon entry of final order.--Upon entry of a final protection from abuse order issued pursuant to section 6108, which order provides for the relinquishment of firearms, other weapons or ammunition during the period of time the order is in effect, a defendant who had relinquished firearms, other weapons or ammunition to the sheriff pursuant to a temporary order may request that the firearms, other weapons or ammunition be relinquished to a dealer for consignment sale, lawful transfer or safekeeping pursuant to this section. If the defendant can identify a licensed dealer willing to accept the firearms, other weapons or ammunition in compliance with this section, the court shall order the sheriff to transport the firearms, other weapons or ammunition to the licensed dealer at no cost to the defendant or the licensed dealer.
  6. Nondisclosure.--The affidavit obtained under subsection (c) shall not be subject to access under the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law.
  7. Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
    1. "Safekeeping." The secure custody of firearms, other weapons or ammunition ordered relinquished by an active protection from abuse order.
    2. "Sale or lawful transfer." Any sale or transfer to a person other than the defendant or a member of the defendant's household which is conducted in accordance with 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles).

(Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

2005 Amendment. Act 66 added section 6108.2.

References in Text. The act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, referred to in subsec. (f), was repealed by the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

Cross References. Section 6108.2 is referred to in sections 6108, 6108.3 of this title; sections 6105, 6106 of Title 18 (Crimes and Offenses).

§6108.3 - Relinquishment to third party for safekeeping
  1. General rule.--A defendant who is the subject of a protection from abuse order, which order provides for the relinquishment of firearms, other weapons or ammunition during the period of time the order is in effect, may, within the time frame specified in the order and in lieu of relinquishment to the sheriff, relinquish any firearms, other weapons or ammunition to a third party for safekeeping.
  2. Transfer to third party.--
    1. A defendant wishing to relinquish firearms, other weapons or ammunition to a third party pursuant to subsection (a) shall, within the time frame specified in the order for relinquishing firearms, other weapons and ammunition, report to the sheriff's office in the county where the order was entered along with the third party.
    2. Upon determination by the sheriff that the third party is not prohibited from possessing firearms, other weapons or ammunition pursuant to any Federal or State law and after the defendant and third party have executed the affidavits required under paragraph (3), the sheriff shall issue a safekeeping permit to the third party, which shall include, at a minimum, a list of the firearms, other weapons and ammunition which will be relinquished to the third party. The permit shall be issued at no cost to the third party or defendant. The permit shall require the third party to possess the defendant's firearms, other weapons and ammunition until the time that:
      1. the sheriff revokes the safekeeping permit pursuant to subsection (c)(1); or
      2. the sheriff accepts return of the safekeeping permit pursuant to subsection (d).
      1. A defendant wishing to relinquish firearms, other weapons or ammunition to a third party pursuant to subsection (a) shall, in the presence of the sheriff or the sheriff's designee, execute an affidavit on a form prescribed by the Pennsylvania State Police which shall include, at a minimum, the following:
        1. The caption of the case in which the protection from abuse order was issued.
        2. The name, address, date of birth and the Social Security number of the defendant.
        3. The name, address and date of birth of the third party.
        4. A list of the firearms, other weapons and ammunition which will be relinquished to the third party, including, if applicable, the manufacturer, model and serial number.
        5. An acknowledgment that the defendant will not take possession of any firearm, other weapon or ammunition relinquished to the third party until the sheriff accepts return of the safekeeping permit pursuant to subsection (d).
        6. A plain-language summary of 18 Pa.C.S. §6105(a.1)(2) and (c)(6) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms).
        7. A plain-language summary of 18 U.S.C. §922(g)(8) (relating to unlawful acts).
      2. A third party who will be accepting possession of firearms, other weapons and ammunition pursuant to subsection (a) shall, in the presence of the sheriff or the sheriff's designee, execute an affidavit on a form prescribed by the Pennsylvania State Police which shall include, at a minimum, the following:
        1. The caption of the case in which the protection from abuse order was issued.
        2. The name, address and date of birth of the defendant.
        3. The name, address, date of birth and the Social Security number of the third party.
        4. A list of the firearms, other weapons and ammunition which will be relinquished to the third party, including, if applicable, the manufacturer, model and serial number.
        5. An acknowledgment that no firearm, other weapon or ammunition relinquished to the third party will be returned to the defendant until the sheriff accepts return of the safekeeping permit pursuant to subsection (d).
        6. A plain-language summary of 18 Pa.C.S. §§6105(a.1)(5) and (c)(6), 6111(c) (relating to sale or transfer of firearms) and 6115 (relating to loans on, or lending or giving firearms prohibited).
        7. A plain-language summary of this section.
        8. An acknowledgment that the third party is not prohibited from possessing firearms, other weapons or ammunition pursuant to any Federal or State law.
        9. An acknowledgment that the third party is not subject to an active protection from abuse order.
        10. An acknowledgment that the defendant has never been the subject of a protection from abuse order issued on behalf of the third party.
        11. An acknowledgment that any firearms, other weapons and ammunition relinquished to the third party will be stored using a locking device as defined in paragraph (1) of the definition of "locking device" in 18 Pa.C.S. §6142(f) (relating to locking device for firearms) or in a secure location to which the defendant does not have access.
        12. A detailed description of the third party liability pursuant to this section relating to civil liability.
        13. An acknowledgment that the third party shall inform the sheriff of any change of address for the third party within seven days of the change of address.
    3. The defendant shall, within the time frame specified in the order and in lieu of relinquishment to the sheriff, relinquish the firearms, other weapons and ammunition specified in the affidavits provided to the sheriff pursuant to paragraph (3) to the third party who has been issued a safekeeping permit pursuant to paragraph (2). Upon relinquishment of the firearms to the third party, the third party shall sign an acknowledgment of receipt on a form prescribed by the Pennsylvania State Police, which shall include, at a minimum, an acknowledgment that the firearms were relinquished to the third party within the time frame specified in the order.
    4. Within 24 hours of the issuance of the safekeeping permit issued to the third party pursuant to paragraph (2) or by close of the next business day as necessary due to the closure of the sheriff's office, the defendant shall return the signed acknowledgment of receipt required under paragraph (4) to the sheriff in the county where the order was entered.
    5. If the defendant fails to provide the acknowledgment of receipt to the sheriff as required under paragraph (5), an affidavit prepared in accordance with section 6108(a)(7)(i)(B) (relating to relief), an affidavit under section 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or fails to relinquish any firearms, other weapons or ammunition, the sheriff shall, at a minimum, provide immediate notice to the court, the plaintiff and appropriate law enforcement agencies.
  3. Revocation of safekeeping permit.--
    1. The sheriff shall revoke a third party's safekeeping permit and require the third party to relinquish to the sheriff any firearms, other weapons or ammunition which were relinquished to the third party by a defendant pursuant to subsection (a) upon determining or being notified that any of the following apply:
      1. A protection from abuse order has been entered against the third party.
      2. The third party is prohibited from possessing firearms, other weapons or ammunition pursuant to any Federal or State law.
      3. The defendant has been convicted of a violation of 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles) or any other offense involving the use of a firearm.
      4. The defendant has been held in indirect criminal contempt for violating a provision of the protection from abuse order consistent with section 6108(a)(1), (2), (6), (7) or (9) (relating to relief).
    2. Upon revocation of a safekeeping permit, the sheriff shall seize the safekeeping permit and all of the defendant's firearms, other weapons and ammunition which were relinquished to the third party. If revocation of the safekeeping permit was:
      1. Required pursuant to paragraph (1)(i) or (ii), the sheriff shall notify the defendant that the firearms, other weapons and ammunition which were relinquished to the third party are in the sheriff's possession and that the defendant may report to the sheriff's office in order to relinquish the firearms, other weapons and ammunition to a subsequent third party pursuant to this section or to a licensed dealer pursuant to section 6108.2.
      2. Required pursuant to paragraph (1)(iii) or (iv), the sheriff shall maintain possession of the firearms, other weapons and ammunition until the defendant is no longer prohibited from possessing firearms, other weapons and ammunition pursuant to any Federal or State law unless:
        1. the defendant has the firearms, other weapons and ammunition relinquished to a licensed dealer pursuant to section 6108.2; or
        2. the sheriff is directed to relinquish the firearms, other weapons and ammunition pursuant to a court order.
  4. Return of safekeeping permit.--
    1. Following expiration of a protection from abuse order, which order provided for the relinquishment of firearms, other weapons or ammunition, the defendant and the third party shall report to the sheriff's office to return the safekeeping permit. Upon a determination by the sheriff that the defendant is:
      1. Not prohibited from possessing firearms, other weapons and ammunition, the sheriff shall accept the return of the safekeeping permit, and the third party shall relinquish to the defendant all of the defendant's firearms, other weapons and ammunition which were relinquished to the third party pursuant to this section.
      2. Prohibited from possessing a firearm, other weapon or ammunition pursuant to any Federal or State law, the sheriff shall accept return of the permit and seize from the third party all of the defendant's firearms, other weapons and ammunition which were relinquished to the third party pursuant to this section. The sheriff shall return to the defendant any firearm, other weapon or ammunition which the defendant is lawfully entitled to possess.
    2. Upon issuance of a court order pursuant to 18 Pa.C.S. §§6105(f)(2) or 6108.1(b) (relating to return of relinquished firearms, other weapons and ammunition and additional relief) which modifies a valid protection from abuse order by allowing the defendant to take possession of a firearm, other weapon or ammunition that had previously been ordered relinquished, the defendant and the third party shall report to the sheriff's office to return the safekeeping permit. The sheriff shall proceed as directed by the court order.
    3. If a third party wishes to relinquish the defendant's firearms, other weapons and ammunition prior to return of the safekeeping permit pursuant to paragraph (1), the sheriff shall accept return of the safekeeping permit and shall seize all of the defendant's firearms, other weapons and ammunition from the third party. The sheriff shall notify the defendant that the firearms, other weapons and ammunition which were relinquished to the third party are in the sheriff's possession and that the defendant may relinquish the firearms, other weapons and ammunition to a subsequent third party pursuant to this section or to a licensed dealer pursuant to section 6108.2.
  5. Civil liability.--A third party who intentionally or knowingly violates any of the provisions of this section shall, in addition to any other penalty prescribed in this chapter or 18 Pa.C.S. Ch. 61, be civilly liable to any person for any damages caused thereby and, in addition, shall be liable to any person for punitive damages in an amount not to exceed $5,000, and the court shall award a prevailing plaintiff a reasonable attorney fee as part of the costs.
  6. Forms.--The Pennsylvania State Police shall develop and make available:
    1. Forms to be used by sheriffs to issue safekeeping permits pursuant to subsection (b)(2).
    2. Affidavit forms and receipt forms to be used by defendants and third parties as required under subsection (b)(3) and (4).
  7. Transfer upon final entry.--A defendant who has previously relinquished firearms, other weapons or ammunition to the sheriff pursuant to a temporary order shall be permitted to have the firearms, other weapons and ammunition relinquished to a third party pursuant to this section following entry of a final protection from abuse order, which order provides for the relinquishment of firearms, other weapons or ammunition during the period of time the order is in effect.
  8. Nondisclosure.--All copies of the safekeeping permit issued under subsection (b)(2) retained by the sheriff and the affidavits and forms obtained under subsection (b)(3) and (4) shall not be subject to access under the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law.
  9. Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
    1. "Safekeeping." The secure custody of firearms, other weapons or ammunition which were ordered relinquished by an active protection from abuse order.
    2. "Third party." A person, other than the defendant, who:
      1. Is not a member of the defendant's household.
      2. Is not prohibited from possessing firearms pursuant to any Federal or State law.

(Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

2005 Amendment. Act 66 added section 6108.3.

References in Text. The act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, referred to in subsec. (h), was repealed by the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

Cross References. Section 6108.3 is referred to in sections 6107, 6108, 6108.2 of this title; sections 6105, 6106, 6115 of Title 18 (Crimes and Offenses).

§6108.4 - Registry or database of firearm ownership
  1. Confidentiality.--Information retained to ensure compliance with this chapter and to document the return of firearms shall not be subject to access under the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law.
  2. Construction.--Nothing in this chapter shall be construed to allow a government agency or law enforcement agency, or an agent or employee of either, or any other person or entity to create, maintain or operate a database or registry of firearm ownership within this Commonwealth. However, information may be retained to ensure compliance with this chapter and to document the return of firearms.

(Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

2005 Amendment. Act 66 added section 6108.4.

References in Text. The act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, referred to in subsec. (a), was repealed by the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

§6108.5 - Penalties for release of information

Any person who violates section 6108(a)(7)(v) (relating to relief) by releasing information with the intent and purpose of committing such violation commits a misdemeanor of the third degree.

(Nov. 10, 2005, P.L.335, No.66, eff. 180 days)

2005 Amendment. Act 66 added section 6108.5.

TITLE 34 - GAME

Chapter 23 Hunting and Furtaking

Subchapter A. General Provisions

§2308 Unlawful devices and methods.
  1. General rule.--Except as otherwise provided in this title, it is unlawful for any person to hunt or aid, abet, assist or conspire to hunt any game or wildlife through the use of:
    1. An automatic firearm or similar device.
    2. A semiautomatic rifle or pistol, except as set forth in subsection (b.1).
    3. (Reserved).
    4. A semiautomatic shotgun or magazine shotgun for hunting or taking small game, furbearers, turkey or unprotected birds unless the shotgun is plugged to a two-shell capacity in the magazine.
    5. (Deleted by amendment).
    6. Any recorded call or sound or recorded or electronically amplified imitation of a call or sound of any description or any other call or sound or imitation of calls or sounds which are prohibited by regulations of the commission. The commission shall be authorized, by resolution, to adopt rules and regulations authorizing the limited use of recorded calls or sounds or recorded or electronically amplified imitation of calls or sounds when such use is necessary in the commission's judgment to protect the public health and safety or to preserve that species or any other endangered by it.
    7. A vehicle or conveyance of any kind or its attachment propelled by other than manpower. Nothing in this subsection shall pertain to any of the following:
      1. A motorboat or sailboat if the motor has been completely shut off or sail furled, and the progress thereof has ceased.
      2. A motorized wheelchair if the person has been issued a permit to hunt under section 2923(a.1) (relating to disabled person permits).
    8. Any artificial or natural bait, hay, grain, fruit, nut, salt, chemical, mineral or other food as an enticement for game or wildlife, regardless of kind and quantity, or take advantage of any such area or food or bait prior to 30 days after the removal of such material and its residue. Nothing contained in this subsection shall pertain to normal or accepted farming, habitat management practices, oil and gas drilling, mining, forest management activities or other legitimate commercial or industrial practices. Upon discovery of such baited areas, whether prosecution is contemplated or not, the commission may cause a reasonable area surrounding the enticement to be posted against hunting or taking game or wildlife. The posters shall remain for 30 days after complete removal of the bait.
    9. Any setgun, net, bird lime, deer lick, pit or pit fall, turkey blind except as permitted under subsection (b)(3) or turkey pen or any explosive, poison or chemical of any kind.

      9.1 Any device which permits the release of two or more arrows simultaneously on a single full draw of a bow.
    10. Any other device or method of any kind prohibited by this title or regulations promulgated under this title.
  2. Exceptions.--The provisions of subsection (a) shall not apply to:
      1. Any archery sight or firearm's scope which contains and uses any mechanical, photoelectric, ultraviolet or solar-powered device to solely illuminate the sight or crosshairs within the scope.
      2. Except as otherwise provided under subparagraph (iii), no archery sight or firearm's scope shall contain or use any device, no matter how powered, to project or transmit any light beam, infrared beam, ultraviolet light beam, radio beam, thermal beam, ultrasonic beam, particle beam or other beam outside the sight or scope onto the target.
        1. A flashlight or spotlight may be mounted on a firearm to take furbearers if the sole source of power for the flashlight or spotlight is contained within the flashlight or spotlight or on the person.
        2. For the purposes of this subparagraph, a flashlight or spotlight mounted on a firearm shall not include a device that projects a beam of laser light to indicate the intended point of impact for one or more projectiles discharged from the firearm.
      1. Any political subdivision, its employees or agents, which has a valid deer control permit issued under section 2902(c) (relating to general categories of permits).
      2. Any licensed hunter in cities of the first class, while hunting on private property and using a bow and arrow or crossbow, using bait to attract deer for removal as provided by commission regulations.
      3. Any licensed hunter in special regulation areas, other than counties of the second class, using bait to attract deer for removal as provided by commission regulations.
    1. Any artificial or manufactured turkey blind consisting of all manmade materials of sufficient density to block the detection of movement within the blind from an observer located outside of the blind.
    2. Any natural or manmade nonliving bait used to attract coyotes for hunting or trapping.
    3. Any electronic or mechanical device used to attract coyotes for hunting or trapping.
    4. Any decoy used in the trapping or hunting of furbearers.

      b.1 Additional exception.--A semiautomatic rifle may be used to hunt game in accordance with regulations promulgated by the commission.
    5. Penalties.--
      1. A violation of subsection (a)(1), (2), (4) or (5) is a summary offense of the fifth degree.
      2. A violation of subsection (a)(7) is a summary offense of the third degree.
      3. A violation of any other provision of this section is a summary offense of the fourth degree.

        (Apr. 13, 1988, P.L.350, No.52, eff. July 1, 1988; Nov. 25, 1988, P.L.1082, No.125, eff. imd.; Mar. 29, 1996, P.L.41, No.13, eff. imd.; Dec. 19, 1996, P.L.1442, No.184, eff. 60 days; Dec. 20, 2000, P.L.783, No.111, eff. 60 days; Dec. 20, 2000, P.L.937, No.125, eff. imd.; June 28, 2002, P.L.474, No.79, eff. 60 days; Dec. 22, 2005, P.L.452, No.86, eff. 60 days; July 3, 2007, P.L.79, No.26, eff. 60 days; Dec. 10, 2015, P.L.446, No.76, eff. 60 days; Nov. 21, 2016, P.L.1317, No.168)

2016 Act No. 168

Chapter 25 Protection of Property and Persons

Subchapter A - Protection Of Property

§2503 - Loaded firearms in vehicles
  1. General rule.--Except as otherwise provided in this title, it is unlawful for any person to have a firearm of any kind in or on or against any conveyance propelled by mechanical power or its attachments at any time whether or not the vehicle or its attachment is in motion unless the firearm is unloaded. The exceptions in this subsection do not apply when attempting to locate game or wildlife with an artificial light or when exercising any privileges granted by this title which may be exercised only when not in the possession of a firearm.
  2. Exceptions.--This section shall not be construed to apply to:
    1. A police officer engaged in the performance of his official duty.
    2. A commission officer engaged in the performance of his duty.
    3. A person carrying a loaded pistol or revolver when in possession of a valid firearms license issued by the chief or head of any police force or the sheriff of a county when the license is issued for protection under 18 Pa.C.S. Ch. 61 Subch. A (relating to Uniform Firearms Act).
    4. Any person as defined in section 2121(c) (relating to killing game or wildlife to protect property) while on lands they control and when not hunting or trapping for game or wildlife.
    5. Any motorboat or other craft having a motor attached or any sailboat if the motor has been completely shut off or the sail furled and its progress therefrom has ceased.
    6. Any political subdivision, its employees or agents, which has a valid deer control permit issued under section 2902(c) (relating to general categories of permits).
    The exceptions in paragraphs (1) through (5) do not apply when attempting to locate game or wildlife with an artificial light or when exercising any privileges granted by this title which may be exercised only when not in the possession of a firearm.
  3. Penalty.--A violation of this section is a summary offense of the fourth degree if the vehicle is in motion. Otherwise the violation is a summary offense of the fifth degree.

(Mar. 29, 1996, P.L.41, No.13, eff. imd.; Dec. 19, 1996, P.L.1442, No.184, eff. 60 days)

1996 Amendment. Acts 13 and 184 amended subsec. (b).

§2504 - Shooting on or across highways
  1. General rule.--It is unlawful for any person to shoot at any game or wildlife while it is on a public highway or on a highway open to use or used by the public or to shoot across a public highway or a highway or roadway open to use or used by the public unless the line of fire is high enough above the elevation of the highway to preclude any danger to the users of the highway. It shall be unlawful for any person, after alighting from a motor vehicle being driven on or stopped on or along a public highway or road open to public travel, to shoot at any wild bird or wild animal while the person doing the shooting is within 25 yards of the traveled portion of the public highway or road open to public travel.
  2. Penalty.--A violation of this section is a summary offense of the fourth degree.
§2505 - Safety zones
  1. General rule.--Except as otherwise provided in this title or to any political subdivision, its employees or agents, which has a valid deer control permit issued under section 2902(c) (relating to general categories of permits), it is unlawful for any person, other than the lawful occupant, while hunting game or wildlife, taking furbearers of any kind, or pursuing any other privilege granted by this title, to hunt for, take, trap, pursue, disturb or otherwise chase any game or wildlife or to discharge, for any reason, any firearm, arrow or other deadly weapon within or through a safety zone, or to shoot at any game or wildlife while it is within the safety zone without the specific advance permission of the lawful occupant thereof.
  2. Penalty.--A violation of this section is a summary offense punishable by a fine of not less than $200 nor more than $500. A second or subsequent offense within two calendar years is a summary offense punishable by a fine of not less than $500 nor more than $1,000.
  3. Definition.--As used in this section, the term "safety zone" means:
    1. Except as otherwise provided in paragraph (2), the area within 150 yards around and that area which is below the highest point of any occupied dwelling house, residence, or other building or camp occupied by human beings, or any barn, stable, or other building used in connection therewith or any attached or detached playground of any school, nursery school or day-care center.
    2. When applied to properly licensed persons hunting with bow and arrow or crossbow and persons properly licensed for falconry, the area within 50 yards around and that area which is below the highest point of any occupied dwelling house, residence or other building or camp occupied by human beings or any barn, stable or other building used in connection therewith and the area within 150 yards around and that area which is below the highest point of any attached or detached playground of any school, nursery school or day-care center.

(Nov. 25, 1988, P.L.1082, No.125, eff. imd.; Mar. 29, 1996, P.L.41, No.13, eff. imd.; Dec. 19, 1996, P.L.1442, No.184, eff. 60 days; June 28, 2002, P.L.474, No.79, eff. 60 days; June 23, 2004, P.L.435, No.43, eff. July 1, 2004; July 9, 2008, P.L.920, No.65, eff. imd.)

2008 Amendment. Act 65 amended subsec. (c)(2).
Cross References. Section 2505 is referred to in section 2741 of this title.

§2507 - Restrictions on shooting
  1. General rule.--It is unlawful for any person during the open season for the taking of any big game other than turkey to:
    1. Shoot at any mark or target other than legal game or wildlife with a firearm of any kind or a bow and arrow.
    2. Discharge at any time any firearm or release an arrow at random in the general direction of any game or wildlife not plainly visible for the purpose of routing or frightening them.
    3. Discharge at any time any firearm or release an arrow at random or in any other manner contrary to this section.
  2. Exceptions.--This section shall not be construed to apply in any manner to:
    1. The discharge of any firearm for the sole purpose of signaling for aid or assistance while in distress.
    2. The use of rifle, pistol or archery ranges owned, leased or maintained by a State or Federal military or police organization or by any regularly organized rifle, pistol, shotgun or archery range, shooting association or club while shooting at a regularly established and properly safeguarded range or to any public shooting exhibition properly safeguarded and conducted under the direction of any organization for the promotion of marksmanship.
    3. The discharge of a muzzle-loading firearm at a proper target for the purpose of safe transportation of the muzzle-loaded firearm.
    4. Shooting at a properly constructed target or mark or a dead tree protected by a natural or artificial barrier so that the ball, bullet or arrow cannot travel more than 15 yards beyond the target aimed at, after making due allowance for deflection in any direction not to exceed an angle of 45 degrees. Target shooting shall only be lawful when it is done:
      1. Upon property owned by the shooter or by a guest of the property owner.
      2. Within 200 yards of the camp or other headquarters where the person shooting is quartered or is an invited guest or visitor.
  3. Penalty.--A violation of this section is a summary offense of the fourth degree.
§2508 - Protection of institutions, parks and resorts
  1. General rule.--Subject to the posting requirements of subsection (b), it is unlawful for any person to hunt for or take any game or wildlife or to discharge a firearm or bow of any description into or upon any of the following areas:
    1. The lands, waters or premises of any public or private hospital or sanatorium or health care facility.
    2. The lands, waters or premises of any park or resort set aside for the use of the public where people may congregate in the open for health, recreation or pleasure.
    3. The lands, waters or premises of any publicly owned institution where people are hospitalized, quartered or incarcerated at public expense.
  2. Posting boundaries.--The boundaries of the lands, waters or premises set forth in subsection (a) shall be clearly defined by appropriate posters or markers calling attention to the fact that the land or water within the boundary has been set apart for the specific purpose for which it was intended and that hunting upon or shooting on the property is prohibited. No privileges shall be granted by those owning or operating the posted lands or waters to any other person to hunt for any game or wildlife upon the property; nor shall the person or persons owning or in charge of the lands be eligible to hunt for any game or wildlife on the lands or waters.
  3. Exceptions.--Subsection (a) shall not apply to:
    1. Any properly constructed and designated pistol, rifle, shotgun or archery range upon the lands of a hospital, sanatorium, park, resort or other institution.
    2. Any part of the lands of any hospital, sanatorium, park, resort or institution which lie outside of the posted areas and are open to the public for hunting.
  4. Penalty.--A violation of this section is a summary offense of the fourth degree.

Subchapter B - Protection of Persons

§2525 - Possession of firearm for protection of self or others
  1. General rule.-- It is lawful for a law enforcement officer or any person who possesses a valid license to carry a firearm issued under 18 Pa.C.S. §6109 (relating to licenses) to be in possession of a loaded or unloaded firearm while engaged in any activity regulated by this title.
  2. Construction.--
    1. This section shall supersede any prohibition on the possession of a firearm or ammunition contained in any other provision of this title.
    2. This subsection shall not be construed to permit the hunting or harvesting of any wildlife with a firearm or ammunition not otherwise permitted by this title.
  3. Definitions.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
    1. "Firearm." As defined in 18 Pa.C.S. §6102 (relating to definitions).
    2. "Law enforcement officer." As defined in 18 Pa.C.S. §6102 (relating to definitions).

(Nov. 29, 2006, P.L.1462, No.162, eff. 60 days)

2006 Amendment. Act 162 added section 2525.

TITLE 35 - HEALTH AND SAFETY

Part III - Public Safety

CHAPTER 73 - Commonwealth Services

Subchapter A - The Governor And Disaster Emergencies

§7301 - General authority of Governor
  1. Responsibility to meet disasters.-- The Governor is responsible for meeting the dangers to this Commonwealth and people presented by disasters.
  2. Executive orders, proclamations and regulations.-- Under this part, the Governor may issue, amend and rescind executive orders, proclamations and regulations which shall have the force and effect of law.
  3. Declaration of disaster emergency.-- A disaster emergency shall be declared by executive order or proclamation of the Governor upon finding that a disaster has occurred or that the occurrence or the threat of a disaster is imminent. The state of disaster emergency shall continue until the Governor finds that the threat or danger has passed or the disaster has been dealt with to the extent that emergency conditions no longer exist and terminates the state of disaster emergency by executive order or proclamation, but no state of disaster emergency may continue for longer than 90 days unless renewed by the Governor. The General Assembly by concurrent resolution may terminate a state of disaster emergency at any time. Thereupon, the Governor shall issue an executive order or proclamation ending the state of disaster emergency. All executive orders or proclamations issued under this subsection shall indicate the nature of the disaster, the area or areas threatened and the conditions which have brought the disaster about or which make possible termination of the state of disaster emergency. An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless the circumstances attendant upon the disaster prevent or impede, shall be promptly filed with the Pennsylvania Emergency Management Agency and the Legislative Reference Bureau for publication under Part II of Title 45 (relating to publication and effectiveness of Commonwealth documents).
  4. Activation of disaster response.-- An executive order or proclamation of a state of disaster emergency shall activate the disaster response and recovery aspects of the Commonwealth and local disaster emergency plans applicable to the political subdivision or area in question and shall be authority for the deployment and use of any forces to which the plan or plans apply and for use or distribution of any supplies, equipment and materials and facilities assembled, stockpiled or arranged to be made available pursuant to this part or any other provision of law relating to disaster emergencies.
  5. Commander in chief of military forces.-- During the continuance of any state of disaster emergency, the Governor is commander in chief of the Pennsylvania military forces. To the greatest extent practicable, the Governor shall delegate or assign command authority by prior arrangement embodied in appropriate executive orders or regulations, but this does not restrict the authority of the Governor to do so by orders issued at the time of the disaster emergency.
  6. Additional powers.-- In addition to any other powers conferred upon the Governor by law, the Governor may:
    1. Suspend the provisions of any regulatory statute prescribing the procedures for conduct of Commonwealth business, or the orders, rules or regulations of any Commonwealth agency, if strict compliance with the provisions of any statute, order, rule or regulation would in any way prevent, hinder or delay necessary action in coping with the emergency.
    2. Utilize all available resources of the Commonwealth Government and each political subdivision of this Commonwealth as reasonably necessary to cope with the disaster emergency.
    3. Transfer the direction, personnel or functions of Commonwealth agencies or units thereof for the purpose of performing or facilitating emergency services.
    4. Subject to any applicable requirements for compensation under section 7313(10) (relating to powers and duties), commandeer or utilize any private, public or quasi-public property if necessary to cope with the disaster emergency.
    5. Direct and compel the evacuation of all or part of the population from any stricken or threatened area within this Commonwealth if this action is necessary for the preservation of life or other disaster mitigation, response or recovery.
    6. Prescribe routes, modes of transportation and destinations in connection with evacuation.
    7. Control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of premises therein.
    8. Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles.
    9. Confer the power of arrest on the law enforcement personnel serving as part of the emergency forces of a party state during operations in this Commonwealth pursuant to a declaration of a disaster emergency under subsection (c). Law enforcement personnel shall be under the operational control of the Commissioner of Pennsylvania State Police and shall comply with the terms and conditions of the Emergency Management Assistance Compact under Chapter 76 (relating to Emergency Management Assistance Compact). Arrest powers granted under this paragraph shall expire when the declaration of a disaster emergency is terminated by executive order, proclamation or operation of law, if the arrest powers have not previously been terminated.

(July 13, 1988, P.L.501, No.87, eff. imd.; Oct. 27, 2014, P.L.2899, No.187, eff. imd.)

2014 Amendment. Act 187 added subsec. (f)(9).

1988 Amendment. Act 87 amended subsec. (f)(4).

Cross References. Section 7301 is referred to in sections 7705, 7903 of this title; section 2306 of Title 12 (Commerce and Trade); section 8704 of Title 53 (Municipalities Generally).

TITLE 42 - JUDICIARY AND JUDICIAL PROCEDURE

Part VIII - Criminal Proceedings

CHAPTER 97 - Sentencing

Subchapter B - Sentencing Authority

§9712 - Sentences for offenses committed with firearms
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. Definitions.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
  6. "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.
  7. "Replica of a firearm." An item that can reasonably be perceived to be a firearm.

(Mar. 8, 1982, P.L.169, No.54, eff. 90 days; June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Oct. 11, 1995, 1st Sp.Sess., P.L.1058, No.21, eff. 60 days)

1995 Amendments. Act 17, 1st Sp.Sess., amended subsecs. (a) and (e) and Act 21, 1st Sp.Sess., amended subsec. (a). See the preamble to Act 17, 1st Sp.Sess., in the appendix to this title for special provisions relating to legislative purpose. Section 6 of Act 21, 1st Sp.Sess., provided that the amendment of subsec. (a) shall apply to all offenses committed on or after the effective date of Act 21.

Cross References. Section 9712 is referred to in sections 9712.1, 9715 of this title; sections 505, 2702.1 of Title 18 (Crimes and Offenses); section 6137 of Title 61 (Prisons and Parole).

§9714 - Sentences for second and subsequent offenses
  1. Mandatory sentence.--
    1. 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, 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. 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).
    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.
  2. Presumption of high risk dangerous offender.-- (Deleted by amendment).
  3. High risk dangerous offender.-- (Deleted by amendment).
  4. 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.
  5. 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.
  6. 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.
  7. Definition.-- As used in this section, the term "crime of violence" means murder of the third degree, voluntary manslaughter, manslaughter of a law enforcement officer as defined in 18 Pa.C.S. §2507(c) or (d) (relating to criminal homicide of law enforcement officer), murder of the third degree involving an unborn child as defined in 18 Pa.C.S. §2604(c) (relating to murder of unborn child), aggravated assault of an unborn child as defined in 18 Pa.C.S. §2606 (relating to aggravated assault of unborn child), aggravated assault as defined in 18 Pa.C.S. §2702(a)(1) or (2) (relating to aggravated assault), assault of law enforcement officer as defined in 18 Pa.C.S. §2702.1 (relating to assault of law enforcement officer), use of weapons of mass destruction as defined in 18 Pa.C.S. §2716(b) (relating to weapons of mass destruction), terrorism as defined in 18 Pa.C.S. §2717(b)(2) (relating to terrorism), trafficking of persons when the offense is graded as a felony of the first degree as provided in 18 Pa.C.S. §3002 (relating to trafficking of persons), rape, involuntary deviate sexual intercourse, aggravated indecent assault, incest, sexual assault, arson as defined in 18 Pa.C.S. §3301(a) (relating to arson and related offenses), ecoterrorism as classified in 18 Pa.C.S. §3311(b)(3) (relating to ecoterrorism), kidnapping, burglary as defined in 18 Pa.C.S. §3502(a)(1) (relating to burglary), robbery as defined in 18 Pa.C.S. §3701(a)(1)(i), (ii) or (iii) (relating to robbery), or robbery of a motor vehicle, drug delivery resulting in death as defined in 18 Pa.C.S. §2506(a) (relating to drug delivery resulting in death), 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.

Mar. 8, 1982, P.L.169, No.54, eff. 90 days; June 15, 1982, P.L.512, No.141, eff. imd.; Dec. 11, 1986, P.L.1521, No.165, eff. 60 days; Oct. 11, 1995, 1st Sp.Sess., P.L.1058, No.21, eff. 60 days; May 10, 2000, P.L.74, No.18, eff. 60 days; Dec. 20, 2000, P.L.811, No.113, eff. 60 days; July 7, 2011, P.L.220, No.40, eff. 60 days; July 5, 2012, P.L.1050, No.122, eff. 60 days; Oct. 25, 2012, P.L.1655, No.204, eff. 60 days)

2012 Amendment. Act 122 amended subsec. (g) and Act 204 amended subsec. (g).
2000 Amendments. Act 18 amended subsec. (g) and Act 113 amended subsec. (a) and deleted subsecs. (b) and (c). Section 5(1) of Act 18 provided that Act 18 shall apply to proceedings initiated on or after the effective date of Act 18.
1995 Amendment. Section 6 of Act 21, 1st Sp.Sess., provided that the amendment of subsec. (a) shall apply to all offenses committed on or after the effective date of Act 21.

Cross References. Section 9714 is referred to in sections 9712, 9713, 9715, 9720.4, 9771.1, 9799.24 of this title; section 1103 of Title 18 (Crimes and Offenses); sections 6135, 6137, 6138, 6143 of Title 61 (Prisons and Parole).

TITLE 58 - RECREATION

Part VII - Gaming Control Board

SUBPART E - SLOT MACHINES AND ASSOCIATED EQUIPMENT

CHAPTER 465a - Accounting and Internal Controls

§465a.13 - (2015) Possession of deadly weapons within a licensed facility
  1. Except as provided in subsection (B), individuals Individuals, including security department personnel, are prohibited from possessing any deadly weapon weapons capable of producing death or serious bodily injury, as defined in 18 Pa.C.S. §2301 (relating to definitions), stun guns gun or other devices device designed to injure or incapacitate a person within a licensed facility without the express written approval of the Board.
  2. The board's prohibition in subsection (a) does not apply to the possession of firearms carried in accordance with the uniform firearms act, 18 pa. c. s. § 6109, et seq.; however, a slot machine licensee may exercise its common law right to prohibit the possession of firearms in accordance with subsections (C) and (D).
  3. A licensee may not prohibit the following individuals from possessing a weapon capable of producing death or serious bodily injury, including a firearm, a stun gun or other device designed to injure or incapacitate a person within its facility:
    1. Pennsylvania State Police assigned to its Gaming Enforcement Office.
    2. An on-duty officer or agent of any local, State or Federal law enforcement agency when the officer or agent is acting in an official capacity.

    c. To obtain approval for the possession of a deadly weapon, stun gun or other device designed to injure or incapacitate a person within a licensed facility, an individual shall be required to submit a written request to the Board which includes:

    1. An explanation of the compelling need for the possession of the deadly weapon, stun gun or device designed to injure or incapacitate a person within the licensed facility.
    2. If the request is for possession of a firearm as defined in 18 Pa.C.S. §6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms), proof that the individual holds a valid license to possess the firearm.
  4. A slot machine licensee that prohibits individuals from possessing firearms shall post in a conspicuous location at each entrance to the licensed facility signs that provide the public with notice that the possession of firearms, weapons capable of producing death or serious bodily injury, stun guns and other devices desighned to injure or incapacitate a person is prohibited. may be easily read stating the following:

    The possession of a deadly weapon, stun gun or other device designed to injure or incapacitate a person by any person within this licensed facility without the express written permission of the Pennsylvania Gaming Control Board is prohibited.

  5. A slot machine licensee that does not prohibit individuals from possessing firearms shall post in a conspicuous location at each entrance to the licensed facility signs that provide the public with notice that the possession of weapons capable of producing death or serious bodily injury, other than firearms carried in accordance with the uniform firearms act 18 Pa. c.s § 6109, stun guns or other devices designed to injure or incapacitate a person is prohibited.

Source: The provisions of this §465a.13 amended October 10, 2008, effective October 11, 2008, 38 Pa.B. 5652. Immediately preceding text appears at serial pages (329009) to (329010); amended April 16, 2015.

Cross References: This section cited in 58 Pa. Code §465a.11 (relating to slot machine licensee's organization; jobs compendium).

TITLE 53 - MUNICIPALITIES GENERALLY

Part III - Government And Administration

SUBPART E - HOME RULE AND OPTIONAL PLAN GOVERNMENT

CHAPTER 29 - General Provisions

Subchapter E - General Powers and Limitations of Home Rule Charter Municipalities

§2962 - Limitation on municipal powers
  1. Powers granted by statute.--With respect to the following subjects, the home rule charter shall not give any power or authority to the municipality contrary to or in limitation or enlargement of powers granted by statutes which are applicable to a class or classes of municipalities:
    1. The filing and collection of municipal tax claims or liens and the sale of real or personal property in satisfaction of them.
    2. The procedures in the exercise of the powers of eminent domain and the assessment of damages and benefits for property taken, injured or destroyed.
    3. Boundary changes.
    4. Regulation of public schools.
    5. The registration of electors and the conduct of elections.
    6. The fixing of subjects of taxation.
    7. The fixing of the rates of nonproperty or personal taxes levied upon nonresidents.
    8. The assessment of real or personal property and persons for taxation purposes.
    9. Defining or providing for the punishment of any felony or misdemeanor.
    10. Municipal planning under the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code.
  2. Taxing power.--Unless prohibited by the Constitution of Pennsylvania, the provisions of this subpart or any other statute or its home rule charter, a municipality which has adopted a home rule charter shall have the power and authority to enact and enforce local tax ordinances upon any subject of taxation granted by statute to the class of municipality of which it would be a member but for the adoption of a home rule charter at any rate of taxation determined by the governing body. No home rule municipality shall establish or levy a rate of taxation upon nonresidents which is greater than the rate which a municipality would have been authorized to levy on nonresidents but for the adoption of a home rule charter. The governing body shall not be subject to any limitation on the rates of taxation imposed upon residents.
  3. Prohibited powers.--A municipality shall not:
    1. Engage in any proprietary or private business except as authorized by statute.
    2. Exercise powers contrary to or in limitation or enlargement of powers granted by statutes which are applicable in every part of this Commonwealth.
    3. Be authorized to diminish the rights or privileges of any former municipal employee entitled to benefits or any present municipal employee in his pension or retirement system.
    4. Enact or promulgate any ordinance or regulation with respect to definitions, sanitation, safety, health, standards of identity or labeling pertaining to the manufacture, processing, storage, distribution and sale of any foods, goods or services subject to any Commonwealth statutes and regulations unless the municipal ordinance or regulation is uniform in all respects with the Commonwealth statutes and regulations thereunder. This paragraph does not affect the power of any municipality to enact and enforce ordinances relating to building codes or any other safety, sanitation or health regulation pertaining thereto.
    5. Enact any provision inconsistent with any statute heretofore enacted prior to April 13, 1972, affecting the rights, benefits or working conditions of any employee of a political subdivision of this Commonwealth.
  4. Reduction of police force.--Notwithstanding any provision of this subpart or any other statute to the contrary, any municipality that is or was a city of the second class A may reduce its police force or its firefighting force for economic reasons, as determined by ordinance.
  5. Statutes of general application.--Statutes that are uniform and applicable in every part of this Commonwealth shall remain in effect and shall not be changed or modified by this subpart. Statutes shall supersede any municipal ordinance or resolution on the same subject.
  6. Regulation of business and employment.--A municipality which adopts a home rule charter shall not determine duties, responsibilities or requirements placed upon businesses, occupations and employers, including the duty to withhold, remit or report taxes or penalties levied or imposed upon them or upon persons in their employment, except as expressly provided by statutes which are applicable in every part of this Commonwealth or which are applicable to all municipalities or to a class or classes of municipalities. This subsection shall not be construed as a limitation in fixing rates of taxation on permissible subjects of taxation.
  7. Regulation of firearms.--A municipality shall not enact any ordinance or take any other action dealing with the regulation of the transfer, ownership, transportation or possession of firearms.
  8. Levying taxes.--This section does not limit or take away any right of a municipality which adopts a home rule charter from levying any tax which it had the power to levy had it not adopted a home rule charter.
  9. Establishment of rates of taxation.--No provision of this subpart or any other statute shall limit a municipality which adopts a home rule charter from establishing its own rates of taxation upon all authorized subjects of taxation except those specified in subsection (a)(7).
  10. Retroactive fee increase prohibited.--A municipality which adopts a home rule charter may not retroactively increase any fee or charge for any municipal service which has been provided.

TITLE 75 - VEHICLES

Part VI - Miscellaneous Provisions

CHAPTER 77 - Snowmobiles and All-Terrain Vehicles

Subchapter C - Operation

§7727 - Additional limitations on operation. - Statute text
  1. 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.

(July 11, 1985, P.L.220, No.56, eff. 60 days; July 8, 1986, P.L.442, No.93, eff. July 1, 1987)

Cross References. Section 7727 is referred to in section 6109 of Title 18 (Crimes and Offenses).

PA Administrative Code

TITLE 49 - PROFESSIONAL AND VOCATIONAL STANDARDS

CHAPTER 61 - Use Of Public Areas Outside The Capitol Complex -- statement Of Policy

§61.1 - Additional jurisdiction over properties

The public areas of One Penn Center, 2601 North Third 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 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.