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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BRIGGS, BRENNAN, FRANKEL, JOSEPHS, M. O'BRIEN, SANTARSIERO, SWANGER AND YOUNGBLOOD, MAY 3, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MAY 3, 2011 |
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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 |
18 | a firearm as a result of an unlawful entry by any person. |
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1 | (b) Grading.-- |
2 | (1) A violation of subsection (a) that results in a |
3 | minor in possession of the firearm constitutes a: |
4 | (i) Summary offense with no term of imprisonment |
5 | when the offense is a first offense. |
6 | (ii) Misdemeanor of the third degree when the |
7 | offense is a second or subsequent offense. |
8 | (2) A violation of subsection (a) that results in the |
9 | firearm being used in the commission of a crime or used in |
10 | any event that results in death or grievous injury |
11 | constitutes a felony of the third degree. |
12 | (c) Defense.--It shall be a defense to a prosecution under |
13 | this section if any of the following apply: |
14 | (1) The firearm is stored or left in a securely locked |
15 | box or container or in a location which a person would |
16 | reasonably believe to be secure. |
17 | (2) The minor obtains the firearm as a result of an |
18 | unlawful entry by any person. |
19 | (3) The minor's possession of a firearm is incidental to |
20 | the performance of official duties of the United States Armed |
21 | Forces, the Pennsylvania National Guard or the personnel of |
22 | any Federal, State or local law enforcement agency. |
23 | (4) The minor's possession of a firearm is under adult |
24 | supervision while engaged in hunting, sporting or other |
25 | lawful purposes. |
26 | (5) The firearm is carried on the body of the owner or |
27 | is within such close proximity to the body that the owner can |
28 | retrieve and use as easily and quickly as if the owner |
29 | carried it on his body. |
30 | (d) Notice by retailer.-- |
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1 | (1) Any person who offers for sale at retail any firearm |
2 | shall post in a conspicuous place the following notice: |
3 | It is unlawful to store or leave a firearm in any place |
4 | within the reach or easy access of a minor. Should a |
5 | minor be found in possession of a firearm, the owner may |
6 | be charged with a summary offense when the offense is a |
7 | first offense and a misdemeanor of the third degree when |
8 | the offense is a second or subsequent offense. Should the |
9 | firearm be used in the commission of a crime or used in |
10 | any event that results in death or grievous injury, the |
11 | owner may be charged with a felony of the third degree. |
12 | (2) A violation of this subsection constitutes a |
13 | misdemeanor of the third degree. |
14 | (e) Fingerprinting.--Prior to the commencement of trial or |
15 | entry of a plea of a defendant of the summary offense, the |
16 | issuing authority shall order the defendant to submit within |
17 | five days of such order to fingerprinting by the municipal |
18 | police of the jurisdiction in which the offense allegedly was |
19 | committed or the Pennsylvania State Police. Fingerprints shall |
20 | be forwarded immediately to the Pennsylvania State Police for |
21 | determination as to whether or not the defendant previously has |
22 | been convicted of a violation of subsection (a). The results of |
23 | the determination shall be transmitted to the police department |
24 | obtaining the fingerprints if the department is the prosecutor |
25 | or to the issuing authority if the prosecutor is other than a |
26 | police officer. The issuing authority shall not proceed with the |
27 | trial or plea in summary until the issuing authority is in |
28 | receipt of the determination made by the Pennsylvania State |
29 | Police. The magisterial district judge shall use the information |
30 | obtained solely for the purpose of grading the offense under |
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1 | subsection (b). |
2 | Section 2. This act shall take effect in 60 days. |
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