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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BRIGGS, D. EVANS, PARKER, BISHOP, BROWN, DePASQUALE, GERBER, WHEATLEY, JOHNSON, JOSEPHS, W. KELLER, LEVDANSKY, McILVAINE SMITH, MURT, PAYTON, ROEBUCK, SABATINA, SANTARSIERO, SCAVELLO, SHAPIRO, R. TAYLOR, VITALI AND YOUNGBLOOD, JUNE 14, 2010 |
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| REFERRED TO COMMITTEE ON JUDICIARY, JUNE 14, 2010 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, providing for the offense of access to |
3 | firearms by minors; and imposing penalties. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 18 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 6302.1. Access to firearms by minors. |
9 | (a) Storage requirements.-- |
10 | (1) A person who stores or leaves a firearm on premises |
11 | under his control and who knows or reasonably should know |
12 | that a minor is likely to gain access to the firearm without |
13 | the lawful permission of the minor's parent or the person |
14 | having charge of the minor shall keep the firearm in a |
15 | securely locked box or container or in a location which a |
16 | reasonable person would believe to be secure. |
17 | (2) This subsection does not apply if the minor obtains |
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1 | a firearm as a result of an unlawful entry by any person. |
2 | (b) Grading.-- |
3 | (1) A violation of subsection (a) that results in a |
4 | minor in possession of the firearm constitutes a: |
5 | (i) Summary offense with no term of imprisonment |
6 | when the offense is a first offense. |
7 | (ii) Misdemeanor of the third degree when the |
8 | offense is a second or subsequent offense. |
9 | (2) A violation of subsection (a) that results in the |
10 | firearm being used in the commission of a crime or used in |
11 | any event that results in death or grievous injury |
12 | constitutes a felony of the third degree. |
13 | (c) Defense.--It shall be a defense to a prosecution under |
14 | this section if any of the following apply: |
15 | (1) The firearm is stored or left in a securely locked |
16 | box or container or in a location which a person would |
17 | reasonably believe to be secure. |
18 | (2) The minor obtains the firearm as a result of an |
19 | unlawful entry by any person. |
20 | (3) The minor's possession of a firearm is incidental to |
21 | the performance of official duties of the United States Armed |
22 | Forces, the Pennsylvania National Guard or the personnel of |
23 | any Federal, State or local law enforcement agency. |
24 | (4) The minor's possession of a firearm is under adult |
25 | supervision while engaged in hunting, sporting or other |
26 | lawful purposes. |
27 | (5) The firearm is carried on the body of the owner or |
28 | is within such close proximity to the body that the owner can |
29 | retrieve and use as easily and quickly as if the owner |
30 | carried it on his body. |
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1 | (d) Notice by retailer.-- |
2 | (1) Any person who offers for sale at retail any firearm |
3 | shall post in a conspicuous place the following notice: |
4 | It is unlawful to store or leave a firearm in any place |
5 | within the reach or easy access of a minor. Should a |
6 | minor be found in possession of a firearm, the owner may |
7 | be charged with a summary offense when the offense is a |
8 | first offense and a misdemeanor of the third degree when |
9 | the offense is a second or subsequent offense. Should the |
10 | firearm be used in the commission of a crime or used in |
11 | any event that results in death or grievous injury, the |
12 | owner may be charged with a felony of the third degree. |
13 | (2) A violation of this section constitutes a |
14 | misdemeanor of the third degree. |
15 | (e) Fingerprinting.--Prior to the commencement of trial or |
16 | entry of a plea of a defendant of the summary offense, the |
17 | issuing authority shall order the defendant to submit within |
18 | five days of such order for fingerprinting by the municipal |
19 | police of the jurisdiction in which the offense allegedly was |
20 | committed or the Pennsylvania State Police. Fingerprints shall |
21 | be forwarded immediately to the Pennsylvania State Police for |
22 | determination as to whether or not the defendant previously has |
23 | been convicted of a violation of subsection (a). The results of |
24 | the determination shall be transmitted to the police department |
25 | obtaining the fingerprints if the department is the prosecutor |
26 | or to the issuing authority if the prosecutor is other than a |
27 | police officer. The issuing authority shall not proceed with the |
28 | trial or plea in summary until the issuing authority is in |
29 | receipt of the determination made by the Pennsylvania State |
30 | Police. The magisterial district judge shall use the information |
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1 | obtained solely for the purpose of grading the offense under |
2 | subsection (b). |
3 | Section 2. This act shall take effect in 60 days. |
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