PRINTER'S NO. 562

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

HOUSE BILL

No.

519

Session of

2013

 

 

 

INTRODUCED BY WATERS, BROWNLEE, O'BRIEN, DONATUCCI, BISHOP, K. BOYLE, SCHLOSSBERG, THOMAS, FRANKEL, V. BROWN, COHEN, ROEBUCK, KINSEY, BRIGGS, GAINEY, KIRKLAND, SIMS, STURLA AND SANTARSIERO, FEBRUARY 5, 2013

 

 

REFERRED TO COMMITEE ON JUDICIARY, FEBRUARY 5, 2013

 

 

 

AN ACT

 

1Providing for child firearm safety lock mechanisms; and
2prescribing penalties.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Child Firearm
7Safety Lock Act.

8Section 2. Purposes.

9The purposes of this act are as follows:

10(1) To promote the safe storage and use of handguns by
11consumers.

12(2) To prevent unauthorized persons from gaining access
13to or use of a handgun, including children who may not be in
14possession of a handgun.

15(3) To avoid hindering industry from supplying law-
16abiding citizens with firearms for all lawful purposes,
17including hunting, self-defense, collecting and competitive

1or recreational shooting.

2Section 3. Definitions.

3As used in this act, the following words and phrases shall
4have the meanings given to them in this section:

5"Licensee." A licensed manufacturer, importer or dealer of 
6firearms.

7"Locking device." Includes the following:

8(1) A device that, if installed on a firearm and secured
9by means of a key or a mechanically, electronically or
10electromechanically operated combination lock, prevents the
11firearm from being discharged without first deactivating or
12removing the device.

13(2) A locking mechanism incorporated into the design of
14a firearm that prevents discharge of the firearm by a person
15who does not have access to the key or other device designed
16to unlock the mechanism.

17Section 4. Locking device for firearms.

18It shall be unlawful for a licensee to sell, deliver or
19transfer a firearm to a person other than another licensee
20unless the transferee is provided with or purchases a locking
21device for that firearm.

22Section 5. Exceptions.

23The following firearms are not subject to the provisions of
24this act:

25(1) Firearms for transfer to or possession by a law
26enforcement officer employed by any Federal, State or local
27government entity or rail police employed and certified by a
28rail carrier as a police officer whether on or off duty.

29(2) Firearms for transfer to a person if the firearm 
30qualifies as an antique firearm under 18 Pa.C.S. § 6118 

1(relating to antique firearms).

2(3) Firearms for transfer to a person for which a safety
3device is temporarily unavailable, provided that the licensed
4manufacturer, licensed importer or licensed dealer delivers
5to the transferee within 14 calendar days of the original
6date of the delivery of the firearm a safety device for the
7firearm.

8Section 6. Penalties.

9Failure to comply with the provisions of this act shall
10result in:

11(1) Suspension or revocation of any license issued to a
12licensee.

13(2) A civil penalty for any licensee of not more than
14$10,000.

15Section 7. Civil immunity.

16A person who has lawful possession and control of a firearm
17and who uses a safety device with the firearm shall be entitled
18to immunity from civil liability for damages resulting from the
19criminal or unlawful misuse of the firearm by a third party if:

20(1) the firearm was accessed by another person who did
21not have the permission or authorization of the person having
22lawful possession and control of the firearm to have access
23to it; and

24(2) at the time access was gained by the person not so
25authorized, the firearm had been made inoperable by use of a
26safety device.

27Section 8. Effective date.

28This act shall take effect in 60 days.