PRINTER'S NO. 1073
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
908
Session of
2023
INTRODUCED BY HAYWOOD, KANE, CAPPELLETTI, TARTAGLIONE, SAVAL,
FONTANA, DILLON, KEARNEY, A. WILLIAMS, COSTA AND COLLETT,
SEPTEMBER 7, 2023
REFERRED TO JUDICIARY, SEPTEMBER 7, 2023
AN ACT
Amending Titles 18 (Crimes and Offenses), 23 (Domestic
Relations) and 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in firearms and other
dangerous articles, further providing for definitions, for
the offense of persons not to possess, use, manufacture,
control, sell or transfer firearms, for sale or transfer of
firearms, for Pennsylvania State Police, for firearm sales
surcharge, for retail dealer required to be licensed and for
licensing of dealers and providing for ammunition purchase
authorization permits and for transporting ammunition into
this Commonwealth; establishing the Ammunition Safety and
Enforcement Fund; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 908.1(c) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 908.1. Use or possession of electric or electronic
incapacitation device.
* * *
(c) Prohibited possession.--No person prohibited from
possessing a firearm pursuant to section 6105 (relating to
persons not to possess, use, manufacture, control, sell or
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transfer firearms and ammunition) may possess or use an electric
or electronic incapacitation device.
* * *
Section 2. Section 6102 of Title 18 is amended by adding
definitions to read:
§ 6102. Definitions.
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:
"Ammunition." A loaded cartridge with one or more
projectiles that consists of a primed case and propellant. The
term does not include blanks.
* * *
"Gun range or target facility." Any of the following:
(1) An enclosed or open-air firing range or area
designed and operated for the use of rifle or handgun
practice with targets.
(2) A facility that permits the rental of firearms for
use on the facility's property and is authorized to operate
in such a manner by the governing body of the jurisdiction
where the facility is located.
* * *
"Other weapon." Anything readily capable of lethal use and
possessed under circumstances not manifestly lawful. The term
does not include a firearm.
* * *
Section 3. Sections 6103, 6104 and 6105 heading, (a), (c),
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(d), (f)(1) and (h) of Title 18 are amended to read:
§ 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 and
ammunition) 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.
§ 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 and ammunition), 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.
§ 6105. Persons not to possess, use, manufacture, control, sell
or transfer firearms and ammunition.
(a) 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 or ammunition in this Commonwealth.
(2) (i) Except as otherwise provided in this paragraph,
a person who is prohibited from possessing, using,
controlling, selling, transferring or manufacturing a
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firearm or ammunition 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 or ammunition to another
eligible person who is not a member of the prohibited
person's household.
(ii) This paragraph shall not apply to any person
whose disability is imposed pursuant to subsection (c)
(6).
(iii) A person whose disability is imposed pursuant
to subsection (c)(9) shall relinquish any firearms and
firearm licenses under that person's possession or
control, as described in section 6105.2 (relating to
relinquishment of firearms and firearm licenses by
convicted persons).
(iv) A person whose disability is imposed pursuant
to a protection from abuse order shall relinquish any
firearms, other weapons, ammunition and firearm licenses
under that person's possession or control, as described
in 23 Pa.C.S. § 6108(a)(7) (relating to relief).
* * *
(c) 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).
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(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 or ammunition 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), 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 final
protection from abuse order issued pursuant to 23 Pa.C.S. §
6108, is the subject of any other active protection from
abuse order issued pursuant to 23 Pa.C.S. § 6107(b), which
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provided for the relinquishment of firearms, other weapons or
ammunition during the period of time the order is in effect
or is otherwise prohibited from possessing or acquiring a
firearm under 18 U.S.C. § 922(g)(8). This prohibition shall
terminate upon the expiration or vacation of the order or
portion thereof relating to the relinquishment of firearms,
other weapons or ammunition.
(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). 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:
(i) the current or former spouse, parent or guardian
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of the victim;
(ii) a person with whom the victim shares a child in
common;
(iii) a person who cohabits with or has cohabited
with the victim as a spouse, parent or guardian; or
(iv) 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.
(10) A person who has been convicted of an offense under
subsection (a.1)(2). The prohibition shall terminate five
years after the date of conviction, final release from
confinement or final release from supervision, whichever is
later.
(d) 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 and ammunition. 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:
(i) The Secretary of the Treasury of the United
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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.
(ii) 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).
* * *
(f) 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 and ammunition without risk
to the applicant or any other person.
* * *
(h) License prohibition.--Any person who is prohibited from
possessing, using, controlling, selling, purchasing,
transferring or manufacturing any firearm and ammunition under
this section shall not be eligible for or permitted to obtain a
license to carry a firearm under section 6109 (relating to
licenses).
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* * *
Section 4. Sections 6105.1(a)(1), 6105.2(a)(1), 6109(d)(4)
and (5) and (m.1)(1)(ii) and 6110.2(c) of Title 18 are amended
to read:
§ 6105.1. Restoration of firearm rights for offenses under
prior laws of this Commonwealth.
(a) 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 and ammunition) or the applicant's conduct
meets the criteria in section 6105(c)(1), (2), (3), (4), (5),
(6) or (7);
* * *
§ 6105.2. Relinquishment of firearms and firearm licenses by
convicted persons.
(a) Procedure.--
(1) A person subject to a firearms disability pursuant
to section 6105(c)(9) (relating to persons not to possess,
use, manufacture, control, sell or transfer firearms and
ammunition) shall relinquish any firearms under the person's
possession or control to the appropriate law enforcement
agency of the municipality as described in subsection (b) or
to a dealer as described in subsection (c).
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* * *
§ 6109. Licenses.
* * *
(d) Sheriff to conduct investigation.--The sheriff to whom
the application is made shall:
* * *
(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
ammunition); 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 or
ammunition), receive a unique approval number for that
inquiry and record the date and number on the application.
* * *
(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:
* * *
(ii) 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
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issued by a court of another state.
* * *
§ 6110.2. Possession of firearm with altered manufacturer's
number.
* * *
(c) Definition.--As used in this section, the term "firearm"
shall have the same meaning as that term is defined in section
6105(i) (relating to persons not to possess, use, manufacture,
control, sell or transfer firearms and ammunition), except that
the term shall not include antique firearms as defined in
section 6118 (relating to antique firearms).
Section 5. Section 6111 heading, (b) introductory paragraph,
(1.1)(v), (1.2) and (6), (c), (f), (g), (h)(1) and (j) of Title
18 are amended and the section is amended by adding a subsection
to read:
§ 6111. Sale or transfer of firearms or ammunition.
* * *
(b) Duty of seller.--No licensed importer, licensed
manufacturer or licensed dealer shall sell or deliver any
firearm or ammunition to another person, other than a licensed
importer, licensed manufacturer, licensed dealer [or], licensed
collector, gun range or target facility or, in the case of
ammunition, a person who purchases or receives the ammunition at
a gun range or target facility if the ammunition is kept within
the facility's premises at all times, until the conditions of
subsection (a) have been satisfied and until he has:
* * *
(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
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the following shall apply:
* * *
(v) Unless it has been discovered pursuant to a
criminal history, juvenile delinquency and mental health
records background check that the potential purchaser or
transferee is prohibited from possessing a firearm and
ammunition pursuant to section 6105 (relating to persons
not to possess, use, manufacture, control, sell or
transfer firearms and ammunition), 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.
(1.2) Fees collected under paragraph (3) and section
6111.2 (relating to firearm and ammunition sales surcharge)
shall be transmitted to the Pennsylvania State Police within
14 days of collection.
* * *
(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 and ammunition
pursuant to section 6105, no information received via
telephone following the implementation of the instantaneous
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background check system from a purchaser or transferee who
has received a unique approval number shall be retained by
the Pennsylvania State Police.
* * *
(b.1) Remote ordering.--
(1) Except for the sale, delivery or transfer of
firearms by gun ranges or target facilities and as otherwise
provided in paragraph (2), the sale, delivery or transfer of
firearms or ammunition by a licensed importer, licensed
manufacturer or licensed dealer to a purchaser or transferee
other than another licensed importer, licensed manufacturer
or licensed dealer may only occur in a face-to-face
transaction with the licensed importer, licensed manufacturer
or licensed dealer being provided bona fide evidence of
identity from the purchaser or other transferee.
(2) Firearms or ammunition may be purchased over the
Internet or through other means of remote ordering if a
licensed importer, licensed manufacturer or licensed dealer
in this Commonwealth initially receives the firearm or
ammunition and processes the transfer in compliance with this
section.
(c) Duty of other persons.--Any person who is not a licensed
importer, manufacturer or dealer and who desires to sell or
transfer a firearm or ammunition 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 or ammunition.
The provisions of this section shall not apply to transfers
between spouses or to transfers between a parent and child or to
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transfers between grandparent and grandchild or to transfers
between siblings.
* * *
(f) 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), (b.1)
and (c) shall only apply to [pistols or revolvers] a firearm
if the firearm is a pistol or revolver with a barrel length
of less than 15 inches, [any] a shotgun with a barrel length
of less than 18 inches, [any] a rifle with a barrel length of
less than 16 inches or [any] a 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) (i) The provisions of subsection (a) shall not
apply to any person who presents to the seller or
transferor a written statement issued by the official
described in subparagraph (iii) during the ten-day period
ending on the date of the most recent proposal of such
transfer or sale by the transferee or purchaser stating
that the transferee or purchaser requires access to a
firearm and ammunition because of a threat to the life of
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the transferee or purchaser or any member of the
household of that transferee or purchaser.
(ii) The issuing official shall notify the
applicant's local police authority that such a statement
has been issued. In counties of the first class the chief
of police shall notify the police station or substation
closest to the applicant's residence.
(iii) The statement issued under subparagraph (ii)
shall be issued by the district attorney, or his
designee, of the county of residence if the transferee or
purchaser resides in a municipality where there is no
chief of police. Otherwise, the statement shall be issued
by the chief of police in the municipality in which the
purchaser or transferee resides.
(g) Penalties.--
(1) Any person, licensed dealer, licensed manufacturer
or licensed importer who knowingly or intentionally sells,
delivers or transfers a firearm or ammunition 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 or ammunition under
circumstances intended to provide a firearm or ammunition to
any person, purchaser or transferee who is unqualified or
ineligible to control, possess or use a firearm or ammunition
under this chapter commits a felony of the third degree and
shall in addition be subject to revocation of the license to
sell firearms and ammunition for a period of three years.
(3) Any person, licensed dealer, licensed manufacturer
or licensed importer who knowingly and intentionally requests
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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.
(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 or ammunition under this
chapter, he knowingly and intentionally:
(i) makes any materially false oral statement;
(ii) makes any materially false written statement,
including a statement on any form promulgated by Federal
or State agencies; or
(iii) 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
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or licensed manufacturer who knowingly and intentionally
sells, delivers or transfers a firearm or ammunition in
violation of this chapter who has reason to believe that the
firearm or ammunition 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 or ammunition in violation of this chapter
who has reason to believe that the firearm or ammunition 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.
(h) 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 and
ammunition.
* * *
(j) Exemption.--
(1) The provisions of subsections (a) and (b) shall not
apply to:
(i) sales between Federal firearms licensees; or
(ii) the purchase of firearms or ammunition by a
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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.
Section 6. Sections 6111.1(b), (e)(1), (f)(1), (i), (j.3)
and (k), 6111.2 heading, (a) and (c), 6111.3, 6112 and 6113(a)
of Title 18 are amended to read:
§ 6111.1. Pennsylvania State Police.
* * *
(b) Duty of Pennsylvania State Police.--
(1) Upon receipt of a request for a criminal history,
juvenile delinquency history and mental health record check
of the potential purchaser or transferee, the Pennsylvania
State Police shall immediately during the licensee's call or
by return call forthwith:
(i) review the Pennsylvania State Police criminal
history and fingerprint records to determine if the
potential purchaser or transferee is prohibited from
receipt or possession of a firearm or ammunition under
Federal or State law;
(ii) review the juvenile delinquency and mental
health records of the Pennsylvania State Police to
determine whether the potential purchaser or transferee
is prohibited from receipt or possession of a firearm or
ammunition under Federal or State law; and
(iii) inform the licensee making the inquiry either:
(A) that the potential purchase or transfer is
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prohibited; or
(B) provide the licensee with a unique approval
number.
(2) In the event of electronic failure, scheduled
computer downtime or similar event beyond the control of the
Pennsylvania State Police, the Pennsylvania State Police
shall immediately notify the requesting licensee of the
reason for and estimated length of the delay. If the failure
or event lasts for a period exceeding 48 hours, the dealer
shall not be subject to any penalty for completing a
transaction absent the completion of an instantaneous records
check for the remainder of the failure or similar event, but
the dealer shall obtain a completed application/record of
sale following the provisions of section 6111(b)(1) and (1.1)
(relating to sale or transfer of firearms or ammunition) as
if an instantaneous records check has not been established
for any sale or transfer of a firearm or ammunition for the
purpose of a subsequent background check.
(3) The Pennsylvania State Police shall fully comply,
execute and enforce the directives of this section as
follows:
(i) The instantaneous background check for firearms
as defined in section 6102 (relating to definitions)
shall begin on July 1, 1998.
(ii) The instantaneous background check for firearms
that exceed the barrel lengths set forth in section 6102
shall begin on the later of:
(A) the date of publication of the notice under
section 6111(a)(2); or
(B) December 31, 1998.
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(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.
* * *
(e) Challenge to records.--
(1) Any person who is denied the right to receive, sell,
transfer, possess, carry, manufacture or purchase a firearm
or ammunition 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.
* * *
(f) Notification of mental health adjudication, treatment,
commitment, drug use or addiction.--
(1) Notwithstanding any statute to the contrary, judges
of the courts of common pleas shall notify the Pennsylvania
State Police, on a form developed by the Pennsylvania State
Police, of:
(i) the identity of any individual who has been
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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), 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 and
ammunition) or as described in 18 U.S.C. § 922(g)(4)
(relating to unlawful acts) and its implementing Federal
regulations; and
(ii) any finding of fact or court order related to
any person described in 18 U.S.C. § 922(g)(3).
* * *
(i) Reports.--The Pennsylvania State Police shall annually
compile and report to the General Assembly, on or before
December 31, the following information for the previous year:
(1) number of firearm and ammunition sales, including
the types of firearms and ammunition, delineated in a
separate manner;
(2) number of applications for sale of firearms and
ammunition denied, number of challenges of the denials and
number of final reversals of initial denials, delineated in a
separate manner;
(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.
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* * *
(j.3) Immunity.--The Pennsylvania State Police and its
employees shall be immune from actions for damages for the use
of a firearm or ammunition by a purchaser or for the unlawful
transfer of a firearm or ammunition by a dealer unless the act
of the Pennsylvania State Police or its employees constitutes a
crime, actual fraud, actual malice or willful misconduct.
(k) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Firearm." The term shall have the same meaning as in
section 6111.2 (relating to firearm and ammunition sales
surcharge).
"Physician." Any licensed psychiatrist or clinical
psychologist as defined in the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act.
§ 6111.2. Firearm and ammunition sales surcharge.
(a) Surcharge imposed.--There is hereby imposed on each sale
of a firearm or ammunition subject to tax under Article II of
the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
Code of 1971, an additional surcharge of $3. This shall be
referred to as the Firearm and Ammunition Sale Surcharge. All
moneys received from this surcharge shall be deposited in the
Firearm [Instant] Records Check Fund.
* * *
(c) Revenue sources.--Funds received under the provisions of
this section and section 6111(b)(3) (relating to sale or
transfer of firearms or ammunition), as estimated and certified
by the Secretary of Revenue, shall be deposited within five days
of the end of each quarter into the fund.
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* * *
§ 6111.3. Firearm Records Check Fund.
(a) Establishment.--The Firearm Records Check Fund is hereby
established as a restricted account in the State Treasury,
separate and apart from all other public money or funds of the
Commonwealth, to be appropriated annually by the General
Assembly, for use in carrying out the provisions of section 6111
(relating to [firearm ownership] sale or transfer of firearms or
ammunition). The moneys in the fund on June 1, 1998, are hereby
appropriated to the Pennsylvania State Police.
(b) Source.--The source of the fund shall be moneys
collected and transferred under section 6111.2 (relating to
firearm and ammunition sales surcharge) and moneys collected and
transferred under section 6111(b)(3).
§ 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 ammunition or any firearm as defined in
section 6113(d) (relating to licensing of dealers) without being
licensed as provided in this chapter.
§ 6113. Licensing of dealers.
(a) General rule.--The chief or head of any police force or
police department of a city, and, elsewhere, the sheriff of the
county, shall grant to reputable applicants licenses, in form
prescribed by the Pennsylvania State Police, effective for three
years from date of issue, permitting the licensee to sell
firearms, ammunition, or both, direct to the consumer, subject
to the following conditions in addition to those specified in
section 6111 (relating to sale or transfer of firearms or
ammunition), for breach of any of which the license shall be
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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 a 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 or ammunition shall be sold in violation
of any provision of this subchapter.
(4) No firearm or ammunition 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 or ammunition 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) or ammunition 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 and
ammunition shall be stored and safeguarded pursuant to
regulations to be established by the Pennsylvania State
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Police by the licensee during the hours when the licensee is
closed for business.
(7) The dealer shall possess all applicable current
revenue licenses.
* * *
Section 7. Sections 6115(b)(1)(iv)(B)(II), 6117(a) and
6118(b) of Title 18 are amended to read:
§ 6115. Loans on, or lending or giving firearms prohibited.
* * *
(b) Exception.--
(1) Subsection (a) shall not apply if any of the
following apply:
* * *
(iv) The person who receives the firearm meets all
of the following:
* * *
(B) Pursuant to section 6110.1 (relating to
possession of firearm by minor) is under the
supervision, guidance and instruction of a
responsible individual who:
* * *
(II) is not prohibited from owning or
possessing a firearm under section 6105 (relating
to persons not to possess, use, manufacture,
control, sell or transfer firearms and
ammunition).
* * *
§ 6117. Altering or obliterating marks of identification.
(a) Offense defined.--No person shall change, alter, remove,
or obliterate the manufacturer's number integral to the frame or
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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 and
ammunition).
* * *
§ 6118. Antique firearms.
* * *
(b) Exception.--Subsection (a) shall not apply to the extent
that such antique firearms, reproductions or replicas of
firearms are concealed weapons as provided in section 6106
(relating to firearms not 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 and ammunition) if such antique firearms,
reproductions or replicas of firearms are suitable for use.
* * *
Section 8. Title 18 is amended by adding sections to read:
§ 6121.1. Ammunition purchase authorization permits.
(a) Use.--A person holding an ammunition purchase
authorization permit issued under this section may purchase or
otherwise seek the transfer of ownership of ammunition from a
retailer that sells ammunition.
(b) Validity.--Except as provided under subsection (c), an
ammunition purchase authorization permit shall be valid for four
years from the date of issuance.
(c) Eligibility.--The Pennsylvania State Police shall issue
an ammunition purchase authorization permit to a person if all
of the following requirements are met:
(1) The person submits an application for an ammunition
purchase authorization permit as prescribed by the
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Pennsylvania State Police.
(2) The person is 18 years of age or older.
(3) The person is not prohibited from acquiring or
possessing ammunition under Federal or State law.
(4) The person pays the fee as specified under
subsection (g).
(d) Approval process.--
(1) Upon receipt of an application for an ammunition
purchase authorization permit, the Pennsylvania State Police
shall examine its records and the Pennsylvania Instant Check
System in order to determine if the applicant is prohibited
from possessing or acquiring ammunition under Federal or
State law.
(2) The applicant shall be approved or denied within 30
days of the date of the submission of the application to the
department.
(3) If the Pennsylvania State Police is unable to make a
determination under paragraph (2) within 30 days, the
Pennsylvania State Police shall issue the ammunition purchase
authorization permit.
(4) The Pennsylvania State Police shall renew an
ammunition purchase authorization permit before its
expiration if the Pennsylvania State Police determines that
the holder is not prohibited from acquiring or possessing
ammunition under Federal or State law and pays the fee as
specified under subsection (g).
(e) Revocation.--
(1) An ammunition purchase authorization permit shall be
revoked by the Pennsylvania State Police if the holder of the
ammunition purchase authorization commits an act that would
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have disqualified the holder from being issued the ammunition
purchase authorization permit under this section.
(2) If an ammunition purchase authorization permit is
revoked under paragraph (1), the Pennsylvania State Police
shall, upon the written request of the holder and in a manner
as prescribed by the Pennsylvania State Police, provide the
holder with the reasons for the revocation and the process to
appeal the revocation.
(f) List.--
(1) The Pennsylvania State Police shall create and
maintain an internal centralized list of all persons who
hold an ammunition purchase authorization permit.
(2) The Pennsylvania State Police shall remove a person
from the list under paragraph (1) whose authorization has
been revoked by the Pennsylvania State Police under
subsection (e)(1).
(3) The Pennsylvania State Police shall provide access
to the list under paragraph (1) to the following:
(i) Retailers that sell or otherwise seek the
transfer of ownership of ammunition.
(ii) Law enforcement agencies for purposes of
enforcing the law.
(g) Fee.--
(1) The Pennsylvania State Police may charge a fee not
to exceed $50 for the issuance or renewal of an ammunition
purchase authorization permit under this section. The fee
shall not be greater than the amount necessary to recover the
reasonable, estimated costs to administer this section.
(2) The Pennsylvania State Police shall annually review
and may adjust the fee under paragraph (1) for inflation.
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(h) Fund established.--The Ammunition Safety and Enforcement
Fund is established within the State Treasury. Revenue collected
from the fee charged under subsection (g) shall be deposited
into the Ammunition Safety and Enforcement Fund on a continuing
basis for the purpose of administering this section.
(i) Identification.--The ammunition purchase authorization
permit number shall be the same as the number on the document
presented by the applicant as bona fide evidence of identity.
(j) Regulations.-- The Pennsylvania State Police may
promulgate regulations necessary to implement the provisions of
this section.
§ 6121.2. Transporting ammunition into this Commonwealth.
(a) Prohibition.--A resident of this Commonwealth may not
transport ammunition into this Commonwealth if the resident
purchased or otherwise obtained the ammunition from outside of
this Commonwealth and the ammunition has not been delivered to a
licensed importer, licensed manufacturer or licensed dealer in
this Commonwealth for delivery to the resident in accordance
with section 6121.1 (relating to ammunition purchase
authorization permits).
(b) Applicability.--This section shall not apply to a
licensed importer, licensed manufacturer, licensed dealer, law
enforcement agency or law enforcement officer or a grandparent,
spouse, sibling, child or grandchild of the transferor.
Section 9. Sections 6123 and 6301(a)(2) of Title 18 are
amended to read:
§ 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
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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 and ammunition).
§ 6301. Corruption of minors.
(a) Offense defined.--
* * *
(2) 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 and ammunition).
* * *
Section 10. The definition of "firearm" in subsection (a) of
section 6102 of Title 23 is amended to read:
§ 6102. Definitions.
(a) 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:
* * *
"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 and ammunition).
* * *
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Section 11. Sections 6107(a), 6108(a)(7)(ii), 6108.3(b)(3)
(i)(F) and (ii)(F) and 6119(b) of Title 23 are amended to read:
§ 6107. Hearings.
(a) 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
right to present evidence, of the right to compel attendance of
witnesses, of the method by which witnesses may be compelled, 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 or State law may prohibit the possession of firearms,
including an explanation of 18 U.S.C. § 922(g)(8) (relating to
unlawful acts) and 18 Pa.C.S. § 6105 (relating to persons not to
possess, use, manufacture, control, sell or transfer firearms
and ammunition), 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.
* * *
§ 6108. Relief.
(a) General rule.--Subject to subsection (a.1), the court
may grant any protection order or approve any consent agreement
to bring about a cessation of abuse of the plaintiff or minor
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children. The order or agreement may include:
* * *
(7) Prohibiting the defendant from acquiring or
possessing any firearm for the duration of the order,
ordering the defendant to temporarily relinquish to the
sheriff or the appropriate law enforcement agency any
firearms under the defendant's possession or control, and
requiring the defendant to relinquish to the sheriff or the
appropriate law enforcement agency 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. The court
may also order the defendant to relinquish the defendant's
other weapons or ammunition that have been used or been
threatened to be used in an incident of abuse against the
plaintiff or the minor children. A copy of the court's order
shall be transmitted to the chief or head of the appropriate
law enforcement agency and to the sheriff of the county of
which the defendant is a resident. When relinquishment is
ordered, the following shall apply:
* * *
(ii) 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
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6108.3 or to the sheriff or the appropriate law
enforcement agency pursuant to this paragraph. Where the
sheriff or the appropriate law enforcement agency is
designated, the sheriff or the appropriate law
enforcement agency 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 or the appropriate law
enforcement agency shall comply with 18 Pa.C.S. § 6105(f)
(4) (relating to persons not to possess, use,
manufacture, control, sell or transfer firearms and
ammunition). In securing custody of the defendant's other
weapons and ammunition, the sheriff or the appropriate
law enforcement agency 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. The court shall inform the defendant
that firearms, other weapons or ammunition shall be
deemed abandoned when the conditions under 18 Pa.C.S. §
6128(a) (relating to abandonment of firearms, weapons or
ammunition) are satisfied and may then be disposed of in
accordance with 18 Pa.C.S. § 6128.
* * *
§ 6108.3. Relinquishment to third party for safekeeping.
* * *
(b) Transfer to third party.--
* * *
(3) (i) A defendant wishing to relinquish firearms,
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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:
* * *
(F) 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 and ammunition).
* * *
(ii) 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:
* * *
(F) 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 or ammunition) and 6115
(relating to loans on, or lending or giving firearms
prohibited).
* * *
§ 6119. Immunity.
* * *
(b) Exception.--Law enforcement agencies and their
employees, including police officers and sheriffs, shall be
liable to the lawful owner of confiscated, seized or
relinquished firearms in accordance with 18 Pa.C.S. § 6105(f)
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(relating to persons not to possess, use, manufacture, control,
sell or transfer firearms and ammunition) and shall be liable to
the lawful owner of confiscated, seized or relinquished other
weapons or ammunition for any loss, damage or substantial
decrease in the value of the other weapons or ammunition that is
a direct result of a lack of reasonable care by the law
enforcement agency or its employees.
Section 12. Sections 5552(b)(1), 5802(7) and 6308(d)(1)(i)
of Title 42 are amended to read:
§ 5552. Other offenses.
* * *
(b) Major offenses.--A prosecution for any of the following
offenses must be commenced within five years after it is
committed:
(1) Under the following provisions of Title 18 (relating
to crimes and offenses):
Section 901 (relating to criminal attempt) involving
attempt to commit murder where no murder occurs.
Section 902 (relating to criminal solicitation)
involving solicitation to commit murder where no murder
occurs.
Section 903 (relating to criminal conspiracy)
involving conspiracy to commit murder where no murder
occurs.
Section 911 (relating to corrupt organizations).
Section 2702 (relating to aggravated assault).
Section 2706 (relating to terroristic threats).
Section 2713 (relating to neglect of care-dependent
person).
Section 2901 (relating to kidnapping).
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Section 3301 (relating to arson and related
offenses).
Section 3502 (relating to burglary).
Section 3701 (relating to robbery).
Section 3921 (relating to theft by unlawful taking or
disposition) through section 3933 (relating to unlawful
use of computer).
Section 4101 (relating to forgery).
Section 4107 (relating to deceptive or fraudulent
business practices).
Section 4108 (relating to commercial bribery and
breach of duty to act disinterestedly).
Section 4109 (relating to rigging publicly exhibited
contest).
Section 4117 (relating to insurance fraud).
Section 4701 (relating to bribery in official and
political matters) through section 4703 (relating to
retaliation for past official action).
Section 4902 (relating to perjury) through section
4912 (relating to impersonating a public servant).
Section 4952 (relating to intimidation of witnesses
or victims).
Section 4953 (relating to retaliation against
witness, victim or party).
Section 5101 (relating to obstructing administration
of law or other governmental function).
Section 5111 (relating to dealing in proceeds of
unlawful activities).
Section 5512 (relating to lotteries, etc.) through
section 5514 (relating to pool selling and bookmaking).
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Section 5902(b) (relating to prostitution and related
offenses).
Section 6111(g)(2) and (4) (relating to sale or
transfer of firearms or ammunition).
* * *
§ 5802. Controlled substances forfeiture.
The following shall be subject to forfeiture to the
Commonwealth and no property right shall exist in them:
* * *
(7) Any firearms, including, but not limited to, rifles,
shotguns, pistols, revolvers, machine guns, zip guns or any
type of prohibited offensive weapon, as that term is defined
in 18 Pa.C.S. § 6105 (relating to persons not to possess,
use, manufacture, control, sell or transfer firearms and
ammunition), which are used or intended for use to facilitate
a violation of The Controlled Substance, Drug, Device and
Cosmetic Act. Firearms as are found in close proximity to
illegally possessed controlled substances shall be rebuttably
presumed to be used or intended for use to facilitate a
violation of The Controlled Substance, Drug, Device and
Cosmetic Act. All weapons forfeited under this chapter shall
be immediately destroyed by the receiving law enforcement
agency.
§ 6308. Law enforcement records.
* * *
(d) Pennsylvania State Police registry.--
(1) The contents of law enforcement records and files
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:
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(i) The child has been adjudicated delinquent by a
court as a result of any offense enumerated in 18 Pa.C.S.
§ 6105 (relating to persons not to possess, use,
manufacture, control, sell or transfer firearms and
ammunition).
* * *
Section 13. This act shall take effect July 1, 2024, or
immediately, whichever is later.
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