PRINTER'S NO. 1633
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1201
Session of
2024
INTRODUCED BY CAPPELLETTI, DILLON, HAYWOOD, FONTANA,
TARTAGLIONE, SAVAL, KANE AND MUTH, MAY 28, 2024
REFERRED TO JUDICIARY, MAY 28, 2024
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for licenses, providing for
liability insurance and further providing for sale or
transfer of firearms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6109(e)(1) of Title 18 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 6109. Licenses.
* * *
(e) Issuance of license.--
(1) A license to carry a firearm shall be for the
purpose of carrying a firearm concealed on or about one's
person or in a vehicle and shall be issued if, after an
investigation not to exceed 45 days, it appears that the
applicant is an individual concerning whom no good cause
exists to deny the license and who has obtained firearm
liability insurance as provided under section 6109.1
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(relating to liability insurance). A license shall not be
issued to any of the following:
(i) An individual whose character and reputation is
such that the individual would be likely to act in a
manner dangerous to public safety.
(ii) An individual who has been convicted of an
offense under the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and
Cosmetic Act.
(iii) An individual convicted of a crime enumerated
in section 6105.
(iv) An individual who, within the past ten years,
has been adjudicated delinquent for a crime enumerated in
section 6105 or for an offense under The Controlled
Substance, Drug, Device and Cosmetic Act.
(v) An individual who is not of sound mind or who
has ever been committed to a mental institution.
(vi) An individual who is addicted to or is an
unlawful user of marijuana or a stimulant, depressant or
narcotic drug.
(vii) An individual who is a habitual drunkard.
(viii) An individual who is charged with or has been
convicted of a crime punishable by imprisonment for a
term exceeding one year except as provided for in section
6123 (relating to waiver of disability or pardons).
(ix) A resident of another state who does not
possess a current license or permit or similar document
to carry a firearm issued by that state if a license is
provided for by the laws of that state, as published
annually in the Federal Register by the Bureau of
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Alcohol, Tobacco and Firearms of the Department of the
Treasury under 18 U.S.C. § 921(a)(19) (relating to
definitions).
(x) An alien who is illegally in the United States.
(xi) An individual who has been discharged from the
armed forces of the United States under dishonorable
conditions.
(xii) An individual who is a fugitive from justice.
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).
(xiii) An individual who is otherwise prohibited
from possessing, using, manufacturing, controlling,
purchasing, selling or transferring a firearm as provided
by section 6105.
(xiv) An individual who is prohibited from
possessing or acquiring a firearm under the statutes of
the United States.
(xv) An individual who has failed to obtain and
provide to the issuing authority evidence of firearm
liability insurance as provided under section 6109.1 .
* * *
Section 2. Title 18 is amended by adding a section to read:
§ 6109.1. Liability insurance.
(a) General rule.--An individual may not possess, use,
manufacture, control, sell or transfer or be issued a license
under section 6109 (relating to licenses) without first
obtaining and providing a certificate of liability insurance
verifying that the individual has a valid insurance policy
insuring against injury to persons or property that may arise
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out of the use of a firearm covered by the license.
(b) Required criteria.--The insurance policy shall meet all
of the following criteria:
(1) Be in an amount of at least $1,000,000.
(2) Satisfy any judgment for personal injury or property
damage arising out of a negligent or willful act involving
the use of an insured firearm.
(3) May not cover any unlawful act.
(c) Notice of insurance.--An individual who has been issued
a contract of firearm liability insurance, or any approved self-
insurance entity, shall:
(1) Notify the Pennsylvania State Police of the
liability insurance on a form developed by the Pennsylvania
State Police. The form shall include:
(i) Name and address of the individual.
(ii) Issuing insurance entity policy number and
expiration date of policy.
(iii) Names, addresses and age of additional
individuals covered by the liability insurance policy
entitled to possess, use or transport insured firearms.
(2) Notify the licensing authority of the county in
which the insured individual resides, if the firearm
liability insurance becomes canceled or terminated. An
insurer shall provide a copy of the notice of cancellation or
a copy of the insurer's filing procedures with proof that the
notice was written in the normal course of business and
placed in the normal course of mailing.
(3) Obtain from an insurance company an identification
certificate to the insured which are valid only for the
period for which coverage is paid by the insured. The
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insurance identification certificates shall disclose the
period for which coverage is paid by the insured. If the
insured has financed premiums through a premium finance
company or is on an insurer-sponsored or agency-sponsored
payment plan, the insurance identification certificate may be
issued for a period of six months notwithstanding that the
payment by the insured may be for a period of less than six
months.
(d) Duty to carry insurance identification certificate.--The
insurer's insurance identification certificate shall be carried
simultaneously with the insured firearm, as well as the license
issued under section 6109, and shall be exhibited to a law
enforcement officer upon demand for inspection. An owner who
fails to produce the insurance identification certification on
demand is subject to the following:
(1) The law enforcement officer shall confiscate the
firearm.
(2) The owner of the firearm shall be provided with a
signed and dated written receipt by the law enforcement
officer. The receipt shall include a detailed identifying
description indicating the serial number and condition of the
firearm.
(3) If, within 10 days, the law enforcement officer does
not receive proof from the owner of the firearm that the
owner has a valid firearm liability insurance policy, the law
enforcement officer shall notify the licensing authority of
the county in which the owner resides that proof of insurance
was not provided and the firearm was confiscated.
(4) Upon receipt of the notification, the licensing
authority shall immediately revoke the owner's license to
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carry a firearm and immediately notify the owner and law
enforcement officer of the license revocation.
(5) A confiscated firearm shall be released to an owner
by the law enforcement officer to whom the firearm was
confiscated as follows:
(i) after confirmation has been received by the law
enforcement officer that the owner's license to carry has
been revoked and the law enforcement officer has notified
the owner that the license has been revoked and the owner
may no longer carry the firearm in public; or
(ii) the law enforcement officer has received proof
from the owner of the firearm that the owner has a valid
firearm liability insurance policy.
(e) License reissuance fee.--
(1) If a licensing authority revokes a person's license
to carry a firearm, the licensing authority may not reissue
the license to carry until the person furnishes proof of
insurance.
(2) The licensing authority shall charge a fee of $50 to
reissue a license to carry following a revocation.
(f) Foreign concealed weapons.--An individual who does not
reside but is present in this Commonwealth with a concealed
firearm and possesses a valid and lawfully issued license or
permit to carry the firearm which has been issued under the laws
of another state as provided under section 6106(b)(15) (relating
to firearms not to be carried without a license) shall obtain
firearm liability insurance as provided in this section within
30 days of arriving in this Commonwealth.
(g) Penalties for noncompliance.--An individual who fails to
maintain liability insurance as required under this subsection
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shall be subject to the following:
(1) For a first offense, the individual shall be subject
to a fine of at least $1,000.
(2) For a second offense, the individual shall be
subject to a fine of at least $5,000.
(3) For a third offense, the individual commits a
misdemeanor of the third degree and shall be subject to a
fine of at least $10,000.
(4) For a fourth and subsequent offense, the individual
commits a misdemeanor of the second degree and shall be
subject to a fine of at least $15,000.
Section 3. Section 6111(b)(2) of Title 18 is amended to
read:
§ 6111. Sale or transfer of firearms.
* * *
(b) Duty of seller.--No licensed importer, licensed
manufacturer or licensed dealer shall sell or deliver any
firearm to another person, other than a licensed importer,
licensed manufacturer, licensed dealer or licensed collector,
until the conditions of subsection (a) have been satisfied and
until he has:
* * *
(2) Inspected photoidentification and proof of liability
insurance required under section 6109.1 (relating to
l iability insurance ) 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
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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.
* * *
Section 4. This act shall take effect in 180 days.
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