THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SACCONE, COX, METCALFE, ROCK, MALONEY, BRENNAN, CREIGHTON, CUTLER, DALEY, EVERETT, GABLER, GEIST, GROVE, HESS, KNOWLES, MAHER, METZGAR, NEUMAN, SAINATO, STERN, ROAE, GEORGE AND MARSHALL, MARCH 28, 2012

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 28, 2012  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for the carrying of

firearms.

The General Assembly finds that:

(1)  The laws in existence regulating firearms ownership,

possession and use are ineffectual in preventing crime and

only interfere with the natural rights of law abiding

citizens.

(2)  Citizens engaged in practices currently lawful under

the laws of this Commonwealth, such as open or licensed

concealed carrying of a firearm, have been subjected to

harassment by law enforcement.

(3)  It is necessary to codify the inherent right to the

carrying of firearms, whether openly or concealed, and that

the right to self-defense is an inherent natural right that

shall not be questioned as stated in section 21 of Article I

of the Constitution of the Commonwealth of Pennsylvania.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 103 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding a definition to read:

§ 103.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this part, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Lawful purpose."  The term includes possession for the

purpose of self-defense or the exercise of reasonable force in

defense of the person or the person's property under Chapter 5

(relating to general principles of justification).

* * *

Section 2.  Section 908(c) of Title 18 is amended to read:

§ 908.  Prohibited offensive weapons.

* * *

(c)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"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.

"Offensive weapons."  Any bomb, grenade, machine gun, sawed-

off shotgun with a barrel less than 18 inches, firearm specially

made or specially adapted for concealment or silent discharge,

any blackjack, sandbag, metal knuckles, dagger, knife, razor or

cutting instrument, the blade of which is exposed in an

automatic way by switch, push-button, spring mechanism, or

otherwise, any stun gun, stun baton, taser or other electronic

or electric weapon or other implement for the infliction of

serious bodily injury which serves no [common] lawful purpose.

* * *

Section 3.  Section 6106 of Title 18 is repealed:

[§ 6106.  Firearms not to be carried without a license.

(a)  Offense defined.--

(1)  Except as provided in paragraph (2), any person who

carries a firearm in any vehicle or any person who carries a

firearm concealed on or about his person, except in his place

of abode or fixed place of business, without a valid and

lawfully issued license under this chapter commits a felony

of the third degree.

(2)  A person who is otherwise eligible to possess a

valid license under this chapter but carries a firearm in any

vehicle or any person who carries a firearm concealed on or

about his person, except in his place of abode or fixed place

of business, without a valid and lawfully issued license and

has not committed any other criminal violation commits a

misdemeanor of the first degree.

(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

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.

(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 state under section 6109(k), provided:

(i)  The 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).

(c)  Sportsman's firearm permit.--

(1)  Before any exception shall be granted under

paragraph (b)(9) or (10) of this section to any person 18

years of age or older licensed to hunt, trap or fish or who

has been issued a permit relating to hunting dogs, such

person shall, at the time of securing his hunting, furtaking

or fishing license or any time after such license has been

issued, secure a sportsman's firearm permit from the county

treasurer. The sportsman's firearm permit shall be issued

immediately and be valid throughout this Commonwealth for a

period of five years from the date of issue for any legal

firearm, when carried in conjunction with a valid hunting,

furtaking or fishing license or permit relating to hunting

dogs. The sportsman's firearm permit shall be in triplicate

on a form to be furnished by the Pennsylvania State Police.

The original permit shall be delivered to the person, and the

first copy thereof, within seven days, shall be forwarded to

the Commissioner of the Pennsylvania State Police by the

county treasurer. The second copy shall be retained by the

county treasurer for a period of two years from the date of

expiration. The county treasurer shall be entitled to collect

a fee of not more than $6 for each such permit issued, which

shall include the cost of any official form. The Pennsylvania

State Police may recover from the county treasurer the cost

of any such form, but may not charge more than $1 for each

official permit form furnished to the county treasurer.

(2)  Any person who sells or attempts to sell a

sportsman's firearm permit for a fee in excess of that amount

fixed under this subsection commits a summary offense.

(d)  Revocation of registration.--Any registration of a

firearm under subsection (c) of this section may be revoked by

the county treasurer who issued it, upon written notice to the

holder thereof.

(e)  Definitions.--

(1)  For purposes of subsection (b)(3), (4), (5), (7) and

(8), the term "firearm" shall include 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 the weapon.

(2)  As used in this section, the phrase "place of

instruction" shall include any hunting club, rifle club,

rifle range, pistol range, shooting range, the premises of a

licensed firearms dealer or a lawful gun show or meet.]

Section 4.  Title 18 is amended by adding a section to read:

§ 6106.2.  License not required.

(a)  Declaration.--Notwithstanding any other provision of

law, every person present in this Commonwealth shall have an

affirmative, fundamental and constitutional right to keep and

bear firearms, including the right to carry openly or concealed,

carry loaded or unloaded, transport, possess, use, acquire,

purchase, transfer, inherit, buy, sell, give or otherwise

dispose of or receive any firearm or self-defense device without

a license, permission or restriction of any kind from or by this

Commonwealth or any of its political subdivisions.

(b)  Optional license.--Obtaining a license to carry a

firearm under this chapter shall be optional. The voluntary

nature of the license shall not be construed to require that any

person obtain a license to carry a firearm under this chapter.

Section 5.  Section 6108 of Title 18 is repealed:

[§ 6108.  Carrying firearms on public streets or public property

in Philadelphia.

No person shall carry a firearm, rifle or shotgun at any time

upon the public streets or upon any public property in a city of

the first class unless:

(1)  such person is licensed to carry a firearm; or

(2)  such person is exempt from licensing under section

6106(b) of this title (relating to firearms not to be carried

without a license).]

Section 6.  Title 18 is amended by adding a section to read:

§ 6108.1.  Sportsman's firearm permit.

(a)  Permit allowed.--Any person 18 years of age or older who

has been issued a hunting license, trapping license or fishing

license or who has been issued a permit relating to hunting dogs

may, at the time of obtaining his hunting, furtaking or fishing

license or any time after the license has been issued, obtain a

sportsman's firearm permit from the county treasurer.

(b)  Issuance.--The sportsman's firearm permit shall be

issued immediately and shall be valid throughout this

Commonwealth for a period of five years from the date of issue

for any legal firearm when carried in conjunction with a valid

hunting, furtaking or fishing license or permit relating to

hunting dogs.

(c)  Form.--The sportsman's firearm permit shall be in

triplicate on a form to be furnished by the Pennsylvania State

Police. The original permit shall be delivered to the person,

and a copy of the permit shall be forwarded to the Commissioner

of the Pennsylvania State Police by the county treasurer within

seven days of the date of delivery. A copy of the permit shall

be retained by the county treasurer for a period of two years

from the date of expiration.

(d)  Fee.--The county treasurer may collect a fee of not more

than $6 for each permit issued, which shall include the cost of

any official form. The Pennsylvania State Police may recover

from the county treasurer the cost of the form, but may not

charge more than $1 for each official permit form furnished to

the county treasurer.

(e)  Offense.--Any person who sells or attempts to sell a

sportsman's firearm permit for a fee in excess of the amount

determined under this section commits a summary offense.

Section 7.  Section 6109(a), (b), (c), (d) introductory

paragraph, (3), (4) and (5), (e)(1) introductory paragraph, (i),

(v) and (vii), (3) introductory paragraph and (ii) and (4), (f)

(2) and (4), (g), (h)(2), (3) and (4), (i.1) introductory

paragraph and (1), (j) and (m.1)(1) introductory paragraph and

(ii), (2), (3), (4), (7) and (9) of Title 18 are amended to

read:

§ 6109.  Licenses.

(a)  Purpose of license.--[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 throughout this Commonwealth.]

(1)  Due to every Commonwealth citizen having a

fundamental constitutional right to keep and bear arms,

obtaining a license under this section shall be optional. The

voluntary nature of the license shall not be construed to

relieve the issuing authority of the burden of proof for

denying an application for a license. Issuance of a license

under this section by the proper authority shall be prima

facia evidence that law enforcement authorities have verified

that the individual is qualified under the law and not

prohibited from possessing firearms pursuant to section 6105

(relating to persons not to possess, use, manufacture,

control, sell or transfer firearms) or any other provision of

law. Nothing in this section shall be construed to require

that a person must obtain a license under this section in

order to carry a concealed firearm.

(2)  The voluntary nature of a license to carry a firearm

may not be construed to relieve the issuing authority of the

burden of proof for denying an application for a license.

Issuance of a license to carry a firearm under this section

by the proper authority shall be prima facie evidence that

law enforcement authorities have verified that the individual

is qualified under the law and is not prohibited from

possessing firearms under the laws of this Commonwealth.

(3)  A license to carry a firearm shall be available to

those who wish to carry a firearm openly or concealed on or

about one's person or in a vehicle and shall be valid

throughout this Commonwealth.

(4)  A license to carry a firearm shall provide citizens

of this Commonwealth with the ability to carry a firearm in

any state that the Commonwealth maintains a reciprocal

agreement for the mutual recognition of licenses to carry

firearms.

(b)  Place of application.--An individual who is 21 years of

age or older may apply to [a sheriff] the proper issuing

authority for a license to carry a firearm [concealed on or

about his person or in a vehicle] within this Commonwealth. If

the applicant is a resident of this Commonwealth, he shall make

application with the sheriff of the county in which he resides

or, if a resident of a city of the first class, with the chief

of police of that city. If the applicant is not a resident of

this Commonwealth, he shall make application with the sheriff of

any county.

(c)  Form of application and content.--The application for a

license to carry a firearm shall be uniform throughout this

Commonwealth and shall be on a form prescribed by the

[Pennsylvania State Police] Attorney General. The form may

contain provisions, not exceeding one page, to assure compliance

with this section. Issuing authorities shall use only the

application form prescribed by the [Pennsylvania State Police]

Attorney General. One of the following reasons for obtaining a

firearm license shall be set forth in the application: self-

defense, employment, hunting and fishing, target shooting, gun

collecting or another proper reason. The application form shall

be dated and signed by the applicant and shall contain the

following statement:

I have never been convicted of a crime that prohibits me

from possessing or acquiring a firearm under Federal or

State law. I am of sound mind and have never been

involuntarily committed to a mental institution or if I

was involuntarily committed, the involuntary commitment

has been expunged. I hereby certify that the statements

contained herein are true and correct to the best of my

knowledge and belief. I understand that, if I knowingly

make any false statements herein, I am subject to

penalties prescribed by law. I authorize the [sheriff, or

his designee, or, in the case of first class cities, the

chief or head of the police department] issuing

authority, or his designee, to inspect only those records

or documents relevant to information required for this

application. If I am issued a license and knowingly

become ineligible to legally possess or acquire firearms,

I will promptly notify the [sheriff of the county in

which I reside or, if I reside in a city of the first

class, the chief of police of that city] issuing

authority.

(d)  [Sheriff to conduct] Pre-issuance investigation.--The

[sheriff] issuing authority to whom the application is made

shall:

* * *

[(3)  investigate whether the applicant's character and

reputation are such that the applicant will not be likely to

act in a manner dangerous to public safety;]

(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

(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),

receive] by contacting the National Instant Criminal

Background Check System and must have received a unique

approval number for that inquiry and record the date and

number on the application.

(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,] issued after

an investigation not to exceed [45] 14 calendar days, [it

appears that the applicant is an individual concerning whom

no] unless good cause exists to deny the license. 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.]

* * *

(v)  An individual who is not of sound mind or who

has ever been involuntarily committed to a mental

institution, unless the involuntary commitment has been

expunged.

* * *

[(vii)  An individual who is a habitual drunkard.]

* * *

(3)  The license to carry a firearm shall be designed to

be uniform throughout this Commonwealth and shall be in a

form prescribed by the [Pennsylvania State Police] Attorney

General. The license shall bear the following:

* * *

(ii)  The signature of the [sheriff] authority 

issuing the license.

* * *

(4)  The [sheriff] issuing authority shall require a

photograph of the licensee on the license. The photograph

shall be in a form compatible with the Commonwealth Photo

Imaging Network.

* * *

(f)  Term of license.--

* * *

(2)  At least 60 days prior to the expiration of each

license, the issuing [sheriff] authority shall send to the

licensee an application for renewal of license. Failure to

receive a renewal application shall not relieve a licensee

from the responsibility to renew the license.

* * *

[(4)  Possession of a license, together with a copy of

the person's military orders showing the dates of overseas

deployment, including the date that the overseas deployment

ends, shall constitute, during the extension period specified

in paragraph (3), a defense to any charge filed pursuant to

section 6106 (relating to firearms not to be carried without

a license) or 6108 (relating to carrying firearms on public

streets or public property in Philadelphia).]

(g)  Grant or denial of license.--Upon the receipt of an

application for a license to carry a firearm, the [sheriff]

issuing authority shall, within [45] 14 calendar days, issue or

refuse to issue a license on the basis of the investigation

under subsection (d) and the accuracy of the information

contained in the application. If the [sheriff] issuing authority 

refuses to issue a license, the [sheriff] issuing authority 

shall notify the applicant in writing of the refusal and the

specific reasons. The notice shall be sent by certified mail to

the applicant at the address set forth in the application.

(h)  Fee.--

* * *

[(2)  (i)  The Pennsylvania Commission on Crime and

Delinquency shall implement, within five years of the

effective date of this paragraph, a system in conjunction

with the Pennsylvania State Police and the Pennsylvania

Sheriffs' Association to standardize and modernize the

process of issuing licenses to carry firearms. Upon

implementation of the system under this paragraph, the

Pennsylvania Commission on Crime and Delinquency shall

publish notice thereof in the Pennsylvania Bulletin.

(ii)  An additional temporary fee of $5 shall be

remitted by the sheriff to the Firearms License to Carry

Modernization Account, which is hereby established as a

special restricted receipt account within the General

Fund of the State Treasury. Moneys and investment income

in the account shall be awarded as grants to sheriffs to

implement the system, including grants to reimburse

sheriffs for expenses incurred prior to the effective

date of this paragraph.

(iii)  Moneys credited to the account and any

investment income accrued are hereby appropriated on a

continuing basis to the Pennsylvania Commission on Crime

and Delinquency. The commission shall establish

procedures related to the application process for and

distribution of funds to sheriffs under this paragraph.

Notwithstanding the provisions of subparagraph (ii), the

commission may withhold annually an amount not exceeding

5% of the funds credited to the account in that fiscal

year for the cost to implement the system under

subparagraph (i) and for administrative costs directly

related to the responsibilities of the commission under

this paragraph.

(iv)  This paragraph shall expire five years after

its effective date. Any surplus funds remaining in the

account established in subparagraph (ii) at such time

shall lapse into the General Fund.]

(3)  An additional fee of $1 shall be paid by the

applicant for a license to carry a firearm and shall be

remitted by the [sheriff] issuing authority to the Firearms

License Validation System Account, which is hereby

established as a special restricted receipt account within

the General Fund of the State Treasury. The account shall be

used for purposes under subsection (l). Moneys credited to

the account and any investment income accrued are hereby

appropriated on a continuing basis to the Pennsylvania State

Police.

(4)  No fee other than that provided by this subsection

or the Sheriff Fee Act may be assessed by the [sheriff]

issuing authority for the performance of any background check

made pursuant to this act.

* * * 

(i.1)  Notice to [sheriff] issuing authority.--

Notwithstanding any statute to the contrary:

(1)  Upon conviction of a person for a crime specified in

section 6105(a) or (b) or upon conviction of a person for a

crime punishable by imprisonment exceeding one year or upon a

determination that the conduct of a person meets the criteria

specified in section 6105(c)(1), (2), (3), (5), (6) or (9),

the court shall determine if the defendant has a license to

carry firearms issued pursuant to this section. If the

defendant has such a license, the court shall notify the

[sheriff of the county in which that person resides] issuing

authority, on a form developed by the [Pennsylvania State

Police] Attorney General, of the identity of the person and

the nature of the crime or conduct which resulted in the

notification. The notification shall be transmitted by the

judge within seven days of the conviction or determination.

* * *

(j)  Immunity.--[A sheriff] An issuing authority who complies

in good faith with this section shall be immune from liability

resulting or arising from the action or misconduct with a

firearm committed by any individual to whom a license to carry a

firearm has been issued.

* * *

(m.1)  Temporary emergency licenses.--

(1)  A person seeking a temporary emergency license to

carry a concealed firearm shall submit to the [sheriff]

issuing authority 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

issued by a court of another state.

* * *

(2)  Upon receipt of the items required under paragraph

(1), the [sheriff] issuing authority immediately shall

conduct a criminal history, juvenile delinquency and mental

health record check of the applicant pursuant to section

6105. Immediately upon receipt of the results of the records

check, the [sheriff] issuing authority shall review the

information and shall determine whether the applicant meets

the criteria set forth in this subsection. If the [sheriff]

issuing authority determines that the applicant has met all

of the criteria, the [sheriff] issuing authority shall

immediately issue the applicant a temporary emergency license

to carry a concealed firearm.

(3)  If the [sheriff] issuing authority refuses to issue

a temporary emergency license, the [sheriff] issuing

authority shall specify the grounds for the denial in a

written notice to the applicant. The applicant may appeal the

denial or challenge criminal records check results that were

the basis of the denial, if applicable, in the same manner as

a denial of a license to carry a firearm under this section.

(4)  A temporary emergency license issued under this

subsection shall be valid for 45 days and may not be renewed.

A person who has been issued a temporary emergency license

under this subsection shall not be issued another temporary

emergency license unless at least five years have expired

since the issuance of the prior temporary emergency license.

During the 45 days the temporary emergency license is valid,

the [sheriff] issuing authority shall conduct an additional

investigation of the person for the purposes of determining

whether the person may be issued a license pursuant to this

section. If, during the course of this investigation, the

[sheriff] issuing authority discovers any information that

would have prohibited the issuance of a license pursuant to

this section, the [sheriff] issuing authority shall be

authorized to revoke the temporary emergency license as

provided in subsection (i).

* * *

(7)  [A sheriff] An issuing authority who issues a

temporary emergency license to carry a firearm shall retain,

for the entire period during which the temporary emergency

license is in effect, the evidence of imminent danger that

the applicant submitted to the [sheriff] issuing authority 

that was the basis for the license, or a copy of the

evidence, as appropriate.

* * *

(9)  Prior to the expiration of a temporary emergency

license, if the [sheriff] issuing authority has determined

pursuant to investigation that the person issued a temporary

emergency license is not disqualified and if the temporary

emergency license has not been revoked pursuant to subsection

(i), the [sheriff] issuing authority shall issue a license

pursuant to this section that is effective for the balance of

the five-year period from the date of the issuance of the

temporary emergency license. Records and all other

information, duties and obligations regarding such licenses

shall be applicable as otherwise provided in this section.

* * *

Section 8.  Section 6122 of Title 18 is repealed:

[§ 6122.  Proof of license and exception.

(a)  General rule.--When carrying a firearm concealed on or

about one's person or in a vehicle, an individual licensed to

carry a firearm shall, upon lawful demand of a law enforcement

officer, produce the license for inspection. Failure to produce

such license either at the time of arrest or at the preliminary

hearing shall create a rebuttable presumption of nonlicensure.

(b)  Exception.--An individual carrying a firearm on or about

his person or in a vehicle and claiming an exception under

section 6106(b) (relating to firearms not to be carried without

a license) shall, upon lawful demand of a law enforcement

officer, produce satisfactory evidence of qualification for

exception.]

Section 9.  Title 18 is amended by adding a section to read:

§ 6122.1.  Interference with the right to carry, display or

possess.

(a)  General rule.--Notwithstanding any other provision of

law, every person present in this Commonwealth unless

incarcerated in a prison or jail, involuntarily committed to a

mental institution or not prohibited from possessing a firearm

under section 6105 (relating to persons not to possess, use,

manufacture, control, sell or transfer firearms) shall have an

affirmative fundamental constitutional right to keep and bear

arms.

(b)  Offense.--

(1)  A public official who interferes with the right to

carry a firearm under sections 6106.2 (relating to license

not required) and 6109 (relating to licenses) commits an

offense as follows:

(i)  Arresting or attempting to arrest any person for

the lawful possession of any firearm, self-defense

device, whether or not the person possesses a license

issued under section 6109, constitutes a misdemeanor of

the second degree. The public official shall be

personally liable for attorney fees and costs incurred in

any action to enforce sections 6106.2 and 6109.

(ii)  Stopping, restraining, detaining or otherwise

harassing any person for carrying a firearm or self-

defense device, whether openly or concealed, whether or

not the person possesses a license under section 6109,

constitutes a misdemeanor of the third degree. Any public

official who wrongfully stops, restrains, detains or

otherwise harasses any person in violation of the

provisions of section 6106.2 or 6109 shall be personally

liable for attorney fees, court costs and expenses

incurred in any action to enforce sections 6106.2 and

6109.

(iii)  Denial, suspension or revocation of any

license or application for a license under section 6109

without just cause constitutes a misdemeanor of the third

degree. Any public official who denies, suspends or

revokes any license or application for a license without

just cause shall be personally liable for attorney fees,

court costs and expenses incurred in any action to

enforce section 6109.

(2)  The Attorney General shall have the duty to

investigate, enforce and prosecute violations of this

subsection.

(c)  Definitions.--The following words and phrases when used

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Public official."  Any person holding an office of public

trust, whether appointed or elected, or any person employed by

the Commonwealth or any of its political subdivisions.

Section 10.  This act shall take effect in 60 days.