Bill Text: PA HB1070 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for child firearm safety lock mechanisms.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2009-03-24 - Referred to JUDICIARY [HB1070 Detail]

Download: Pennsylvania-2009-HB1070-Introduced.html

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PRINTER'S NO. 1252
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1070 Session of2009
INTRODUCED BY WATERS, YOUNGBLOOD, PARKER, M. O'BRIEN AND DENLINGER, MARCH 24, 2009
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 24, 2009
AN ACT
Providing for child firearm safety lock mechanisms.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Child Firearm
Safety Lock Act.
Section 2. Purposes.
The purposes of this act are as follows:
(1) To promote the safe storage and use of handguns by
consumers.
(2) To prevent unauthorized persons from gaining access
to or use of a handgun, including children who may not be in
possession of a handgun.
(3) To avoid hindering industry from supplying law-
abiding citizens with firearms for all lawful purposes,
including hunting, self-defense, collecting and competitive
or recreational shooting.
Section 3. Definitions.
As used in this act, the following words and phrases shall
have the meanings given to them in this section:
"Licensee." Any licensed manufacturer, importer or dealer of
firearms.
"Locking device." A device that, if installed on a firearm
and secured by means of a key or a mechanically, electronically
or electromechanically operated combination lock, prevents the
firearm from being discharged without first deactivating or
removing the device or a locking mechanism incorporated into the
design of a firearm that prevents discharge of the firearm by
any person who does not have access to the key or other device
designed to unlock the mechanism.
Section 4. Locking device for firearms.
It shall be unlawful for any licensee to sell, deliver or
transfer any firearm to any person other than another licensee
unless the transferee is provided with or purchases a locking
device for that firearm.
Section 5. Exceptions.
The following firearms are not subject to the provisions of
this act:
(1) 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 whether on or off duty.
(2) Firearms for transfer to any person if the firearm
qualifies as an antique firearm under 18 Pa.C.S. § 6118
(relating to antique firearms).
(3) Firearms for transfer to any person for which a
safety device is temporarily unavailable, provided that the
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licensed manufacturer, licensed importer or licensed dealer
delivers to the transferee within 14 calendar days of the
original date of the delivery of the firearm a safety device
for the firearm.
Section 6. Penalties.
Failure to comply with the provisions of this act may result
in:
(1) Suspension or revocation of any license issued to a
licensee.
(2) A civil penalty for any licensee of not more than
$10,000.
Section 7. Civil immunity.
A person who has lawful possession and control of a firearm
and who uses a safety device with the firearm shall be entitled
to immunity from civil liability for damages resulting from the
criminal or unlawful misuse of the firearm by a third party if:
(1) the firearm was accessed by another person who did
not have the permission or authorization of the person having
lawful possession and control of the firearm to have access
to it; and
(2) at the time access was gained by the person not so
authorized, the firearm had been made inoperable by use of a
safety device.
Section 8. Effective date.
This act shall take effect in 60 days.
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