Bill Text: PA HB1538 | 2011-2012 | Regular Session | Introduced

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Bill Title: In firearms and other dangerous articles, further providing for firearms not to be carried without a license.

Spectrum: Moderate Partisan Bill (Republican 78-18)

Status: (Introduced - Dead) 2011-05-12 - Referred to JUDICIARY [HB1538 Detail]

Download: Pennsylvania-2011-HB1538-Introduced.html

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PRINTER'S NO. 1887
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1538 Session of2011
INTRODUCED BY KRIEGER, TURZAI, AUMENT, BARRAR, BENNINGHOFF, BLOOM, BOYD, BROOKS, CALTAGIRONE, CAUSER, CHRISTIANA, CLYMER, D. COSTA, COX, CREIGHTON, CUTLER, DAY, DENLINGER, ELLIS, EVANKOVICH, EVERETT, FARRY, FLECK, GABLER, GEIST, GEORGE, GIBBONS, GILLEN, GINGRICH, GODSHALL, GOODMAN, GRELL, GROVE, HAHN, HALUSKA, HARHART, HARRIS, HENNESSEY, HESS, HICKERNELL, HORNAMAN, HUTCHINSON, KAUFFMAN, F. KELLER, M. K. KELLER, KORTZ, KULA, LAWRENCE, LONGIETTI, MAJOR, MALONEY, MARSHALL, MASSER, METCALFE, METZGAR, MILLARD, MILLER, MOUL, MULLERY, MUSTIO, OBERLANDER, PEIFER, PERRY, PETRARCA, PICKETT, PYLE, QUIGLEY, RAPP, READSHAW, REED, REESE, ROAE, ROCK, SACCONE, SAYLOR, SCHRODER, SONNEY, STABACK, STERN, STEVENSON, SWANGER, TALLMAN, TAYLOR, VULAKOVICH, WHITE, NEUMAN AND BAKER, MAY 12, 2011
REFERRED TO COMMITTEE ON JUDICIARY, MAY 12, 2011
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in firearms and other dangerous
articles, further providing for firearms not to be carried
without a license.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6106(b) of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6106. Firearms not to be carried without a license.
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(b) Exceptions.--The provisions of subsection (a) shall not
apply to:
(1) Constables, sheriffs, prison or jail wardens, or
their deputies, policemen of this Commonwealth or its
political subdivisions, or other law-enforcement officers.
(2) Members of the army, navy, marine corps, air force
or coast guard of the United States or of the National Guard
or organized reserves when on duty.
(3) The regularly enrolled members of any organization
duly organized to purchase or receive such firearms from the
United States or from this Commonwealth.
[(4) Any persons engaged in target shooting with a
firearm, if such persons are at or are going to or from their
places of assembly or target practice and if, while going to
or from their places of assembly or target practice, the
firearm is not loaded.]
(5) Officers or employees of the United States duly
authorized to carry a concealed firearm.
(6) Agents, messengers and other employees of common
carriers, banks, or business firms, whose duties require them
to protect moneys, valuables and other property in the
discharge of such duties.
(7) Any person engaged in the business of manufacturing,
repairing, or dealing in firearms, or the agent or
representative of any such person, having in his possession,
using or carrying a firearm in the usual or ordinary course
of such business.
[(8) Any person while carrying a firearm which is not
loaded and is in a secure wrapper from the place of purchase
to his home or place of business, or to a place of repair,
sale or appraisal or back to his home or place of business,
or in moving from one place of abode or business to another
or from his home to a vacation or recreational home or
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dwelling or back, or to recover stolen property under section
6111.1(b)(4) (relating to Pennsylvania State Police), or to a
place of instruction intended to teach the safe handling, use
or maintenance of firearms or back or to a location to which
the person has been directed to relinquish firearms under 23
Pa.C.S. § 6108 (relating to relief) or back upon return of
the relinquished firearm or to a licensed dealer's place of
business for relinquishment pursuant to 23 Pa.C.S. § 6108.2
(relating to relinquishment for consignment sale, lawful
transfer or safekeeping) or back upon return of the
relinquished firearm or to a location for safekeeping
pursuant to 23 Pa.C.S. § 6108.3 (relating to relinquishment
to third party for safekeeping) or back upon return of the
relinquished firearm.]
(9) Persons licensed to hunt, take furbearers or fish in
this Commonwealth, if such persons are actually hunting,
taking furbearers or fishing as permitted by such license, or
are going to the places where they desire to hunt, take
furbearers or fish or returning from such places.
(10) Persons training dogs, if such persons are actually
training dogs during the regular training season.
(11) Any person while carrying a firearm in any vehicle,
which person possesses a valid and lawfully issued license
for that firearm which has been issued under the laws of the
United States or any other state.
(12) A person who has a lawfully issued license to carry
a firearm pursuant to section 6109 (relating to licenses) and
that said license expired within six months prior to the date
of arrest and that the individual is otherwise eligible for
renewal of the license.
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(13) Any person who is otherwise eligible to possess a
firearm under this chapter and who is operating a motor
vehicle which is registered in the person's name or the name
of a spouse or parent and which contains a firearm for which
a valid license has been issued pursuant to section 6109 to
the spouse or parent owning the firearm.
[(14) A person lawfully engaged in the interstate
transportation of a firearm as defined under 18 U.S.C. §
921(a)(3) (relating to definitions) in compliance with 18
U.S.C. § 926A (relating to interstate transportation of
firearms).]
(15) Any person who possesses a valid and lawfully
issued license or permit to carry a firearm which has been
issued under the laws of another state, regardless of whether
a reciprocity agreement exists between the Commonwealth and
the other state under section 6109(k), provided[:
(i) The] the other state provides a reciprocal
privilege for individuals licensed to carry firearms
under section 6109.
[(ii) The Attorney General has determined that the
firearm laws of the state are similar to the firearm laws
of this Commonwealth.]
(16) Any person holding a license in accordance with
section 6109(f)(3).
(17) Any person who is not otherwise prohibited from
possessing, using, controlling, selling, transferring or
manufacturing a firearm shall be entitled to transport a
firearm for any lawful purpose if, during such
transportation, the firearm is not loaded.
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Section 2. This act shall take effect in 60 days.
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